Chapter 8.12
LITTER
Sections:
8.12.030 Placement and maintenance of litter receptacles.
8.12.040 All property, gutters, and sidewalks kept free of litter.
8.12.050 Damage to receptacles.
8.12.060 Litter thrown from vehicles.
8.12.075 Violations deemed nuisances.
8.12.010 Short title.
The ordinance codified in this chapter will be known and may be commonly referred to and cited as the city of Sequim litter control code. (Ord. 2021-018 § 1 (Exh. A); Ord. 302 § 1, 1974)
8.12.015 Purpose.
The purpose of this chapter is to accomplish litter control in the city of Sequim in the interest of the public’s health, safety, and welfare. (Ord. 2021-018 § 1 (Exh. A))
8.12.016 Definitions.
Unless the context clearly indicates otherwise, the terms in this code are defined in RCW 70A.200.030 as enacted and as may be amended. (Ord. 2021-018 § 1 (Exh. A))
8.12.020 Litter in general.
No person is allowed to dispose of litter upon any public place or in the waters within the city of Sequim’s jurisdiction, or upon any private property within the corporate limits of the city, whether from a vehicle or otherwise, except:
A. By placing the litter into a designated receptacle or onto designated areas with the permission of an agency or business with authority to collect litter; or
B. By placing the litter into a designated receptacle in a manner that prevents the litter from overflowing or being dispersed upon public or private property; or
C. In a manner that does not violate any state or local laws, rules, or regulations. (Ord. 2021-018 § 1 (Exh. A); Ord. 629 § 2, 1992; Ord. 302 § 2, 1974)
8.12.030 Placement and maintenance of litter receptacles.
A. The city or its contractor for solid waste collection will place and maintain litter receptacles in public places under city control, such as parks and sidewalks. The city and its contractor will determine the number and locations of litter receptacles required to meet the needs of the city in conformance with RCW 70A.200.090.
B. Owners and operators of private businesses within the city must provide an adequate number of litter receptacles for the use of their customers and visitors, and maintain the receptacles at their own expense according to state regulations and RCW 70A.200.090.
C. Owners or operators of private businesses may not allow receptacles in their control to overflow or become unusable and in violation of this chapter. (Ord. 2021-018 § 1 (Exh. A); Ord. 302 § 3, 1974)
8.12.040 All property, gutters, and sidewalks kept free of litter.
No person may knowingly sweep into, or deposit in, any gutter, street, or other public place, any litter from any building or lot, or any public or private sidewalk or driveway. Persons owning or occupying property must keep the sidewalk in front of their premises free of litter. (Ord. 2021-018 § 1 (Exh. A); Ord. 302 § 4, 1974)
8.12.050 Damage to receptacles.
Intentionally damaging or defacing a litter receptacle constitutes malicious mischief pursuant to Chapter 9A.48 RCW. In cases of unintentional damage, violators may be subject to repair or replacement costs. (Ord. 2021-018 § 1 (Exh. A); Ord. 302 § 5, 1974)
8.12.060 Litter thrown from vehicles.
No driver or passenger in a vehicle is allowed to throw or otherwise deposit litter on any street or public place or private property. Violators may be subject to civil and criminal penalties under RCW 46.61.655 or 70A.200.060. (Ord. 2021-018 § 1 (Exh. A); Ord. 302 § 6, 1974)
8.12.070 Vehicle loads.
A. No vehicle is allowed to be driven or moved on any public roadway unless the vehicle is loaded in a way that prevents any of its load from dropping, shifting, leaking, or otherwise escaping, with the exception of vehicles acting with authorization from the city to drop sand, gravel, water, or other substances upon a roadway to secure traction, or to clean or maintain the roadway surface.
B. Any person operating a vehicle to transport litter that allows litter to escape an unsecured load is subject to the civil or criminal penalties in RCW 46.61.655. (Ord. 2021-018 § 1 (Exh. A); Ord. 302 § 7, 1974)
8.12.075 Violations deemed nuisances.
Except where otherwise provided in this chapter, violations of this chapter are deemed nuisances and will be assessed and processed in accordance with Chapter 8.04 SMC. (Ord. 2021-018 § 1 (Exh. A))
8.12.080 Enforcement officers and procedures.
Repealed by Ord. 2018-014. (Ord. 302 § 8, 1974)
8.12.090 Penalties.
Repealed by Ord. 2018-014. (Ord. 629 § 3, 1992; Ord. 302 § 11, 1974)