Chapter 13.14 SOLID WASTE CODE

1. “Asbestos-containing material” means any material containing at least one percent asbestos as determined using the method specified in Appendix A of Subpart F in 40 CFR Part 763, Section 1, unless it can be demonstrated that the material does not release asbestos fibers when crumbled, pulverized or otherwise disturbed.

2. “Authorized collection company” means the person(s) authorized by contract with the city, or by state law for wastes not included in such a contract, to collect garbage within the city consistent with the provisions of this chapter.

3. “Bulky items” include and are illustrated by such articles for household use as furniture, mattresses, box springs, television sets, stereos, and wardrobes not exceeding eight feet in length. Bulky items not used in households are not included, such as motor vehicles or hulks; car parts and tires; commercial machinery or equipment; lumber and building materials; or hazardous wastes.

4. “Cart” means a city contractor-provided 20-, 32-, 45-, 64- or 96-gallon wheeled cart suitable for household collection, storage and curbside placement of garbage, recyclable materials or yard debris.

5. “CFCs” or “chlorofluorocarbons” means a compound consisting of chlorine, fluorine, and carbon, also known as fluorochlorocarbon (FCC).

6. “City” means the city of Shoreline.

7. “City manager” means the city manager of the city of Shoreline or designee.

8. “City’s waste” means all residential and nonresidential garbage generated within the city, excluding unacceptable waste, hazardous waste, special waste, and materials intended for recycling.

9. “Compostables” means yard debris, including food scraps, separately or combined.

10. “Composting” means the controlled degradation of organic waste yielding a product for use as a soil conditioner.

11. “Construction, demolition and land clearing waste (CDL waste)” means waste comprised primarily of the following materials:

a. “Construction waste” means waste from construction of buildings, roads, or other structures. This may include, but is not limited to, scraps of wood, concrete, masonry, roofing, siding, structural metal, wire, fiberglass insulation, other building materials, plastics, Styrofoam, twine, baling and strapping materials, cans and buckets, and other packaging materials and containers.

b. “Demolition waste” means garbage, largely inert waste, resulting from the demolition or razing of buildings, roads and other manufactured structures. “Demolition waste” consists of, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of metals like copper. Plaster (i.e., Sheetrock or plasterboard) or any other material, other than wood, that is likely to produce gases or leachate during its decomposition process and asbestos containing materials are not considered to be demolition waste.

c. “Land clearing waste” means natural vegetation and mineral from clearing and grubbing land for development, such as stumps, brush, blackberry vines, tree branches, tree bark, mud, dirt, sod and rocks.

12. “Contaminated soils” means soils removed during the cleanup of a remedial action site, or a hazardous waste site closure or other cleanup efforts and actions, which contain contaminants, but not at levels to qualify as hazardous waste. “Contaminated soils” may include excavated soils surrounding underground storage tanks, vactor wastes (street and sewer cleanings), and soil excavated from property underlying industrial activities.

13. “County” means King County, a political subdivision of the state of Washington, its successors or assigns.

14. “Curb” or “curbside” means the area on the customer’s property and within five feet of the public street within which garbage, recyclables, and yard waste must be left for collection without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location for purposes of the collection of garbage, recyclable materials and yard waste, curbside shall mean an alternate location suitable to the customers, convenient to the authorized collection company’s equipment, and mutually agreed to by the parties.

15. “Customer” means resident, property owner, tenant, or business owner that is a customer of the authorized collection company.

16. “Detachable container” means a watertight metal or plastic container, not less than one cubic yard in capacity nor greater than eight cubic yards in capacity, equipped with a tight-fitting metal, plastic, or other city-approved cover, and capable of being mechanically unloaded into a collection vehicle. The term shall also apply to containers of other material of similar size when approved by the city manager.

17. “Disposal site” means the areas or facilities where any final treatment, utilization, processing or deposition of garbage occurs. See also the definition of “interim garbage handling site.”

18. “Drop-box container” means an all-metal container with 10 cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to customer’s site.

19. “Fee schedule” means the impact fee rates and charges established by resolution of the city council pursuant to Chapter 3.01 SMC.

20. “Garbage” means all biodegradable and nonbiodegradable solid and semisolid wastes, including but not limited to refuse (except for abandoned and disabled vehicles), yard debris, cold and bagged ashes, industrial wastes, swill, CDL wastes, and recyclable materials. The term “garbage” shall not include hazardous wastes (except sharps generated for personal use such as syringes, needles, and lancets, when contained in a city-approved container), infectious wastes, special category wastes, and special wastes.

21. “Garbage receptacle” includes detachable container, micro-can, and garbage cart, which are rodent and insect proof. This may also include other forms of storage appropriate to the material in question that prevent seepage, contamination of soil, or surface or ground water, spreading due to animal or insect activity or weather conditions, odor, or any risk to public health or safety.

22. “Hazardous waste” means any waste, material or substance that is:

a. Defined as hazardous by 40 CFR Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (RCRA) of 1976, 42 USC 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984; the Toxic Substances Control Act, 15 USC 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C or RCRA; and/or

b. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW.

23. “Health officer” means the director of the King County department of public health or their designated representative.

24. “Household hazardous wastes” means any discarded liquid, solid, contained gas, or sludge, including any material, substance, product, commodity or waste used or generated in the household, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste set forth in Chapter 173-303 WAC, but is exempt according to federal, state, and county regulations. Specific household hazardous wastes which are prohibited from disposal as city waste include infectious wastes and sharps/syringes; nonedible oils; flammable liquids and solids including fuels, solvents, paint thinners, and degreasers; pesticides, including herbicides, insecticides and wood preservatives; fluorescent light bulbs; televisions; computers, monitors and laptops; cellular phones; appliances with CFCs; corrosive materials; PCB capacitors and ballasts; mercury (such as thermometers and mercury switches); vehicle batteries; hobby chemicals and artists’ paints; liquid paints; and any other material restricted by federal, state, and county regulations; provided, however, empty containers for household hazardous products may be disposed of as garbage.

25. “Interim garbage handling site” means any garbage collection site that is not the final site of disposal. Community cleanup and yard waste collection event locations are considered interim garbage handling sites.

26. “Large household appliances” includes appliances over one cubic foot in size but is not limited to refrigerators, iceboxes, stoves, washing machines, dryers, dishwashing machines, water heaters and air conditioners.

27. “Litter” means garbage in the amount of one cubic foot or less which does not contain hazardous waste and is not an immediate threat to the health or safety of the public.

28. “Micro-can” means a 10-gallon container made of plastic and supplied by the city’s solid waste provider.

29. “Mixed paper” means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging and other fiber-based materials meeting industry standards. Paper packaging combined with plastic wax or foil, tissue paper, paper towels and food-contaminated paper are excluded from the definition of “mixed paper.”

30. “Person” means any governmental entity, or any public or private corporation, partnership or other form of association, as well as any individual.

31. “Planting strip” means that part of a street right-of-way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.

32. “Public place” means all public property including, but not limited to, streets, avenues, ways, boulevards, drives, places, alleys, sidewalks and planting (parking) strips, squares, triangles, parks, and rights-of-way, whether open to the use of the public or not, and the space above or beneath the surface of the same.

33. “Recycling” means transforming or remanufacturing waste material into usable or marketable materials for the use other than incineration or other methods of disposal.

34. “Recyclable materials” means aluminum and tin cans, corrugated cardboard, glass containers, mixed paper, newspaper, recyclable plastic containers that have contained nonhazardous products, plastic films, polycoated cartons, and scrap metals. The term “recyclable materials” shall include motor oil and fluorescent bulbs that are properly packaged, set out for collection separately and not commingled with other recyclable materials.

35. “Refuse” includes, but is not limited to, all abandoned and disabled vehicles, all appliances or parts thereof, vehicle parts, broken or discarded furniture, mattresses, carpeting, all old iron or other scrap metal, glass, paper, wire, plastic, boxes, old lumber, old wood, and all other waste or discarded material.

36. “Residential property” for the purpose of this chapter means a single-family dwelling, a mobile home, or a multifamily residence containing no more than four dwelling units such as duplexes, triplexes, and fourplexes located on a public or private road.

37. “Small quantity generator hazardous waste” means any discarded liquid, solid, contained gas, or sludge, including any material substance, product, commodity or waste used or generated by businesses, that exhibits any of the characteristics or criteria of dangerous waste set forth in Chapter 173-303 WAC, but which is exempt from regulations as dangerous waste.

38. “Solid waste collection services” means the collection by the city’s authorized collection company of all garbage, waste, recyclable materials, and compostables.

39. “Special category wastes” means wastes whose disposal is limited by certain restrictions and limitations, as identified in SMC 13.14.170.

40. “Special waste” means contaminated soils, asbestos, and/or other wastes that the county requires a waste clearance decision prior to acceptance.

41. “Street” means a public or private way used for public travel.

42. “Unacceptable waste” means all waste not authorized for disposal at the landfill or transfer station designated by the city, by those governmental entities having jurisdiction, or any waste the disposal of which would constitute a violation of any governmental requirement pertaining to the environment, health, or safety. “Unacceptable waste” includes any waste that is now or hereafter defined by federal or state law as radioactive, dangerous, hazardous or extremely hazardous waste.

43. “Waste” means hazardous waste, household hazardous waste, small quantity generator hazardous waste, special category waste, special waste and unacceptable waste.

44. “Yard debris” means plant material (such as leaves, grass clippings, branches, brush, flowers, roots, wood waste, unflocked holiday trees) and debris commonly removed in the course of maintaining yards and gardens that do not exceed four inches in diameter and four feet in length. Bundles of debris shall not exceed two feet by two feet by four feet in dimension and shall be secured by degradable string or twine, not nylon or synthetic materials. Food scraps and compostable paper may be disposed of as yard debris. This term excludes rocks and loose soils; plastics and synthetic fibers; lumber; human or animal excrement; and soil contaminated with hazardous waste. [Ord. 920 § 2 (Exh. B), 2021; Ord. 747 § 1 (Exh. A), 2016; Ord. 519 § 2, 2008; Ord. 415 § 1, 2006; Ord. 251 § 1, 2000]

13.14.020 Titles, declarations, and administrative provisions.

A. The garbage code is declared to be an exercise of the police power of the city to promote the public health, safety and general welfare, and its provisions shall be liberally construed for the accomplishment of that purpose. This code is a public health ordinance for the purpose of enforcement under SMC 20.30.750.

B. The garbage code shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

C. Nothing in the garbage code is intended to be nor shall be construed to create or form the basis for any liability of the city or any of its officers, employees, or agents for any injury or damages resulting from the failure of any person to comply with the provisions of this code, or by reason of any inspection, notice, order, or other action or inaction by or of the city or any of its officers, employees or agents in connection with the implementation or enforcement of this code. [Ord. 251 § 1, 2000]

13.14.030 Enforcement authority.

The city manager is authorized and directed to supervise and manage the collection and disposal of garbage under this chapter and to provide, designate, and supervise places for the disposal thereof, and shall have general charge of supervision over the administration and enforcement of this chapter; provided the health officer shall enforce the provisions of waste screening in SMC 13.14.200. [Ord. 251 § 1, 2000]

13.14.035 Mandatory collection – Residential property.

Every person in possession, charge, or control of residential property shall be charged for a least the minimum level of solid waste collection service by the authorized collection company at the rates set forth in the fee schedule whether such person uses such service or not unless an exception applies as provided for in this chapter. Exceptions are as follows:

A. A residential property customer may temporarily suspend solid waste collection service due to vacations or other reasons. Suspensions may be in one-week increments for an indefinite period of time. During the time of suspension, the customer may be charged a standby fee as set forth in the fee schedule but only if the suspension period is greater than two weeks. [Ord. 920 § 2 (Exh. B), 2021; Ord. 747 § 1 (Exh. A), 2016]

13.14.040 Garbage receptacles – Nonresidential.

Every owner, tenant, occupant, and other person responsible for the condition of private property that is not used as a residence or dwelling shall have and use garbage receptacle(s) of a number and size sufficient to contain all garbage generated on the site and shall provide for lawful disposal of all such garbage. [Ord. 251 § 1, 2000]

13.14.050 Garbage receptacles – Residential.

A. It is unlawful for the owners or occupants of private property to deposit or accumulate, or to permit the deposit or accumulation of, garbage upon such private property; provided, however, that this shall not prohibit the storage of garbage in private garbage receptacle(s), in accordance with health and safety regulations; provided, that all garbage and refuse shall be removed at least every two weeks; provided further, that the use of a compost pile or bin shall not be prohibited if the use and maintenance thereof is in such a manner as to prevent the attraction, breeding and/or harboring of insects and rodents. Any such use permitted hereunder shall not be construed to permit a nuisance as defined by SMC 20.30.750 or state law.

B. No garbage shall be placed out for collection in bundles or otherwise outside of an approved garbage receptacle. [Ord. 391 § 3, 2005; Ord. 251 § 1, 2000]

13.14.060 Garbage receptacles – Maintenance.

A. The owner and/or occupant of any premises shall be responsible for the safe and sanitary storage of all garbage accumulated at that premises until it is removed to a disposal site or interim garbage handling site.

B. All garbage receptacles shall be kept tightly covered and in good condition for garbage storage and handling, and garbage receptacles that leak or have jagged edges or holes shall not be used. The city manager shall have the authority to determine whether or not the condition of any garbage receptacle is satisfactory for use. [Ord. 251 § 1, 2000]

13.14.070 Garbage receptacles – Weight.

A. Garbage receptacles, when filled, shall not exceed the following limits:

20-gallon mini-can 45 pounds

32-gallon can or toter 65 pounds

64-gallon toter 200 pounds

96-gallon toter 250 pounds

1 yard 1,000 pounds

2 yards 1,250 pounds

3 yards 1,750 pounds

4 yards 2,000 pounds

6 yards 3,000 pounds

8 yards 4,000 pounds

20 – 40 yard roll off 16,000 pounds

B. The contents of a container shall dump out readily when it is inverted. [Ord. 251 § 1, 2000]

13.14.080 Placement of garbage receptacles.

A. Garbage Receptacles.

1. Garbage receptacles other than approved drop-box containers shall be placed for collection by the occupants in a convenient, accessible location off the sidewalk as near as practicable to the curbside in a manner that does not interfere with transportation use or use of the sidewalk. Receptacles shall be placed in the following manner:

a. For properties with level planting strips, in the planting strip or driveway within five feet of the curb; or

b. For properties with sidewalks but no planting strips, on the owner’s property within five feet of the curb; or

c. When the foregoing locations slope at a grade making placement of a container difficult, a level area that is nearest to either of the previous locations; or

d. If the foregoing locations are not available due to dense shrubbery or extraordinary circumstances, then placement shall be at a location suitable to the customer and approved by the authorized collection company that does not interfere with transportation or the use of the sidewalk.

2. Receptacles shall not be placed for collection until a reasonable time prior to collection. Containers shall be removed within a reasonable time thereafter.

3. Detachable containers may be stored within a building but shall be readily accessible for servicing without special collection equipment and minimal delay.

B. Drop-Box Containers.

1. Drop-box containers shall be placed at a location that is agreed to by the customer and the authorized collection company that does not interfere with transportation or the use of the sidewalk. [Ord. 519 § 3, 2008; Ord. 415 § 2, 2006; Ord. 251 § 1, 2000]

13.14.090 Paths to garbage storage area.

All walks, paths, and driveways from the garbage receptacle set out location to the place of loading shall have an unrestricted overhead clearance of not less than eight feet. [Ord. 251 § 1, 2000]

13.14.100 Unlawful hauling of city’s waste – Exceptions.

It is unlawful for anyone, except the following, to haul city’s waste and recyclables through the streets in the city:

A. An authorized collection company;

B. Business concerns or residents, as to city’s waste originating within their own establishments or households; or

C. Service providers where garbage hauling is incidental to the performance of other labor-intensive services such as construction, land clearing, or landscaping services. This authorization specifically does not apply to any drop box or container related garbage hauling services. [Ord. 251 § 1, 2000]

13.14.110 Unlawful disposal within garbage receptacles.

A. The following shall not be deposited or discarded into any commercial or residential garbage receptacle to be set out for collection by the authorized collection company or into any interim garbage handling site, except as specifically provided by SMC 13.14.170: dead animals over 15 pounds; sewage; human or animal excrement that is not contained in a closed, leak-proof bag or container; hot ashes; household hazardous waste; small quantity generator hazardous waste; asbestos-containing material; tires; hazardous waste; radioactive wastes; and explosives.

1. Cold ashes, bagged or boxed to contain dust, may be placed in garbage receptacle(s).

B. Operators and/or attendants at disposal sites and/or interim garbage handling sites shall have the authority to refuse to accept any prohibited or restricted garbage. [Ord. 415 § 3, 2006; Ord. 251 § 1, 2000]

13.14.120 Unlawful use of city garbage receptacles.

Except as authorized by the city manager, it shall be unlawful to place in any garbage receptacle provided by the city any garbage accumulated on private property or generated by any business, including but not limited to the materials excluded by SMC 13.14.110(A) and dead animals; nor shall the contents of any such garbage receptacle be removed or disturbed by anyone except as authorized by the city manager. [Ord. 251 § 1, 2000]

13.14.130 Unlawful use of garbage receptacles on private property.

It is unlawful for anyone not authorized by the property owner or occupant to deposit any material in any garbage receptacle on private property or on a sidewalk or a planting strip abutting private property. [Ord. 251 § 1, 2000]

13.14.140 Household hazardous wastes.

Repealed by Ord. 415. [Ord. 251 § 1, 2000]

13.14.150 Small quantity generator hazardous wastes.

Small quantity generator hazardous waste shall be managed according to the provisions of Chapter 173-303 WAC, except that small quantity generator wastes are prohibited from disposal as city’s waste. [Ord. 251 § 1, 2000]

13.14.160 Asbestos-containing material.

Asbestos material shall be handled and disposed pursuant to 40 CFR 61 Subpart M, Chapter 173-303 WAC, and Article 10 of Regulation No. 1 Puget Sound Air Pollution Control Agency (PSAPCA). [Ord. 251 § 1, 2000]

13.14.170 Household hazardous wastes, tires and other special category wastes.

A. The city manager may authorize collection of household hazardous wastes and tires at city of Shoreline special collection events according to reasonable restrictions articulated in notices for those events.

B. The city manager may define special restrictions and limitations on the disposal of certain types of wastes which cannot be handled safely through the city’s waste collection system. Restricted materials may include items over a certain size or weight, dust-producing materials, and polystyrene packaging pieces. [Ord. 415 § 5, 2006; Ord. 251 § 1, 2000]

13.14.175 Recycling program.

A. The city encourages customers to participate in the recycling program. Recyclable materials may be set out for separate curbside collection in 32-, 64- or 96-gallon recycling carts supplied by the authorized collection company. Recyclable materials shall be defined as set forth in SMC 13.14.010.

B. Only recyclable materials shall be placed in a recycling cart and set out for collection. [Ord. 519 § 4, 2008]

13.14.180 Yard debris programs.

A. The City encourages customers to participate in the yard debris program. Yard debris may be set out for separate curbside collection in a 32-, 64- or 96-gallon yard debris cart supplied by the authorized collection company. Extra yard debris and food scraps may be placed in biodegradable paper bags specifically marketed for such use. Plastic bags are not to be used for yard debris collection. Extra limbs and brush may be set out in bundles not exceeding two feet by two feet by four feet in length and secured with biodegradable string or twine. Limbs cannot exceed four inches in diameter and four feet in length. Yard debris shall be defined as set forth in SMC 13.14.010. Food scraps and compostable paper may be placed in a yard debris cart. Only yard debris generated at the dwelling unit shall be collected at curbside.

B. Only yard debris, food scraps and compostable paper shall be placed in a yard debris cart and set out for collection. [Ord. 519 § 5, 2008; Ord. 251 § 1, 2000]

13.14.190 Large household appliances and bulky items.

A. Large household appliances and bulky items shall be collected at a cost from persons who subscribe to garbage collection services from the authorized collection company at the same location utilized for standard garbage collection. They shall not be placed for collection on any public place.

B. Bulky items may be disposed of as garbage, unless they contain hazardous waste as defined under SMC 13.14.010.

C. Large household appliances shall be considered recyclable materials and shall be processed by the authorized collection company for reuse or recovery, or delivered to a large household appliances processor.

D. By setting out or delivering possession to the authorized collection company, the customer relinquishes title to the large household appliances and bulky items picked up.

E. The authorized collection company may refuse large household appliances that contain garbage unassociated with the large household appliances set out for collection. They may also refuse large household appliances or bulky items that contain contraband or hazardous wastes and shall place a notice on such refused items indicating the specific basis for refusal. The person who set out any item refused hereunder shall be responsible for the removal of said item within a reasonable period not to exceed five days.

F. Large household appliances that represent a suffocation hazard shall only be set out in a safe condition, that is, with the door removed, latch disabled, or door secured in a closed position. [Ord. 415 § 6, 2006; Ord. 251 § 1, 2000]

13.14.200 Hazardous waste screening.

A. Hazardous Waste. The health officer may screen any wastes that are being disposed, and that are suspected of being a regulated hazardous waste. The screening process may involve certified testing, a disclosure of the waste constituents and waste generation process, and other additional information. If the health officer determines that the waste is not a regulated hazardous waste but still poses a significant threat to the public health, safety or the environment, they may direct the generator or transporter to dispose of the waste at a specific type of disposal site. If the health officer determines that the waste is regulated hazardous waste, they shall notify the Department of Ecology, which shall have full jurisdiction regarding handling and disposal. The hazardous waste regulations, Chapter 173-303 WAC, shall be considered when screening and making waste determinations.

B. Procedure. When such wastes are identified as being suspected hazardous wastes, the health officer may issue a notice for requirement of screening. This notice will specify requirements, which must be met to satisfy the screening process and schedule for compliance. [Ord. 251 § 1, 2000]

13.14.210 Littering.

A. No person shall throw, discard, or deposit litter on any street, sidewalk, or other public property within the city, on any private property within the city and not owned by the person, or in or upon any body of water within the jurisdiction of the city, whether from a vehicle or otherwise; except:

1. When the property is designated by the state of Washington or any of its agencies or political subdivisions or by the city for the disposal of litter or other garbage and such person is authorized to use the property in such manner; or

2. Into a public garbage receptacle or garbage receptacle or drop-box container owned by or authorized for the person’s use, in a manner in which the litter will be prevented from being carried or deposited by the elements or otherwise on any street, sidewalk, or other public or private property.

B. No owner, tenant, or other person responsible for the condition of a construction site shall cause or allow any litter from the site to be deposited by the elements or otherwise on any other public or private property in the city. During such time as the site is not being used, all litter shall be stored or deposited in garbage receptacles or other containers in such a manner as to prevent the litter from being deposited on any other public or private property.

C. No person shall place or tack notices, handbills, literature, etc., on vehicles, utility or sign poles, or other features or improvements on public property. This provision does not prohibit the handing of notices, handbills, literature, etc., from one person into the hands of another or the posting of informational materials upon public kiosks designated for that purpose. [Ord. 519 § 6, 2008; Ord. 415 § 7, 2006; Ord. 251 § 1, 2000]

13.14.220 Unlawful dumping of garbage.

No person shall dump, throw, or place garbage on any public or private property, except in a garbage receptacle owned by or authorized for the person’s use, disposal site, or interim garbage handling site provided and/or designated by the city manager, as authorized by city ordinance. This section does not apply to litter. [Ord. 415 § 8, 2006; Ord. 251 § 1, 2000]

13.14.230 Accumulation of garbage, waste and recyclables.

A. It shall be unlawful for any person to keep or allow garbage or recyclables to accumulate on any property, or in any public place, except in a garbage receptacle or recycling cart, or as otherwise authorized by ordinance or by the city manager. It shall be unlawful for any person to keep or allow waste to accumulate on any property, or in any public place, except as provided in this chapter. This subsection applies to any accumulation of garbage, waste and recyclables with the exclusion of litter.

B. It shall be unlawful for any owner or occupant of abutting private property, residential or nonresidential, to allow the accumulation of any garbage, waste or recyclables on sidewalks or planting strips, whether the garbage, waste or recyclables are deposited by such owner or occupant or not. Garbage, waste or recyclables that are prohibited to accumulate include but are not limited to cigarette butts and burning or smoldering materials. This provision shall not apply to:

1. The sheriff when removing the contents of a building to a public place pursuant to an eviction order; provided, however, any contents remaining in a public place for greater than 24 hours shall be considered abandoned property by the tenant and a violation of this section by the landlord if not removed and disposed of pursuant to RCW 59.18.312;

2. Firefighters placing debris on the sidewalk or planting strip in the course of extinguishing a fire or explosion;

3. The use of receptacles placed or authorized by the city for the collection of garbage or recyclables on sidewalks or planting strips; or

4. Accumulations temporarily authorized under a street use permit. [Ord. 519 § 7, 2008; Ord. 415 § 9, 2006; Ord. 251 § 1, 2000]

13.14.240 Violation – Penalty – Civil infractions.

A. The violation of or failure to comply with the following sections shall be a civil infraction and subject to a Class 4 civil infraction under RCW 7.80.120 to maximum monetary penalty and default amount of $25.00, not including statutory assessments:

Sections:

13.14.040 Garbage receptacles – Nonresidential

13.14.070 Garbage receptacles – Weight

13.14.080 Placement of garbage receptacles

13.14.110 Unlawful disposal within garbage receptacles

13.14.120 Unlawful use of city garbage receptacles

B. The violation of or failure to comply with the following sections shall be a civil infraction and subject to a Class 3 civil infraction under RCW 7.80.120 to maximum monetary penalty and default amount of $50.00, not including statutory assessments:

Sections:

13.14.050 Garbage receptacles – Residential

13.14.060 Garbage receptacles – Maintenance

13.14.140 Household hazardous wastes

13.14.170 Tires and special category wastes

13.14.210 Littering

C. The violation of or failure to comply with the following sections shall be a civil infraction and subject to a Class 2 civil infraction under RCW 7.80.120 to maximum monetary penalty and default amount of $125.00, not including statutory assessments:

Sections:

13.14.100 Unlawful hauling of city’s waste – Exceptions

13.14.150 Small quantity generator hazardous wastes

The following, if unacceptable waste is involved in the violation:

Sections:

13.14.110 Unlawful disposal within garbage receptacles

13.14.120 Unlawful use of city garbage receptacles

13.14.130 Unlawful use of garbage receptacles on private property

13.14.210 Littering

D. The violation of or failure to comply with the following sections shall be a civil infraction and subject to a Class 1 civil infraction under RCW 7.80.120 to maximum monetary penalty and default amount of $250.00, not including statutory assessments:

Sections:

13.14.160 Asbestos-containing material

13.14.220 Unlawful dumping of garbage

13.14.230 Accumulation of garbage

E. The penalties provided in this section are in addition to any criminal sanction or abatement which may be available under Chapter 20.30 SMC. The criminal or civil penalty, and the limitation on the amount of the penalty, does not include any amounts that may be recovered for restitution. [Ord. 415 § 10, 2006; Ord. 251 § 1, 2000]

13.14.250 Presumption that violation committed.

A. Whenever garbage deposited, thrown, placed or kept in violation of SMC 13.14.210, 13.14.220 or 13.14.230 contains three or more items bearing the name of one individual, a junk vehicle’s owner as identified by vehicle registration, or whenever an owner of a motor vehicle or trailer used in the activity is identified by its license plate or vehicle identification number, it shall be presumed that the individual whose name appears on the items or to whom the vehicle or the trailer is registered committed the unlawful act.

B. The defendant shall have an opportunity to rebut the presumption or may show as full or partial mitigation of liability that full compliance within the time specified was prevented by inability to obtain necessary labor, inability to gain access to the subject property, or other condition or circumstances beyond the control of the defendant. [Ord. 251 § 1, 2000]