Chapter 9.15
LITTER CONTROL
Sections:
9.15.010 Short title.
9.15.020 Definitions.
9.15.030 Litter in public places and from private places.
9.15.040 Placement of litter in receptacles.
9.15.050 Litter in parks.
9.15.060 Litter in river and water.
9.15.070 Truck loads causing litter.
9.15.080 Litter thrown by persons in vehicles.
9.15.090 Sweeping litter into gutters.
9.15.100 Litter on private property.
9.15.110 Posting notices prohibited.
9.15.120 Throwing or distributing commercial handbills in public places.
9.15.130 Commercial and noncommercial handbills – Placing on vehicles.
9.15.140 Depositing on uninhabited or vacant premises.
9.15.150 Prohibiting distribution where properly posted.
9.15.160 Distributing at inhabited private premises.
9.15.170 Violation – Penalty – Enforcement.
9.15.180 Purpose.
9.15.010 Short title.
This chapter shall be known and may be cited as the “town of Skykomish litter control ordinance” and shall be codified in Title 9 of the Skykomish Municipal Code (“SMC”). (Ord. 435 § 1, 2012)
9.15.020 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Aircraft” is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” includes helicopters and lighter-than-air dirigibles and balloons.
(2) “Authorized private receptacle” is a litter storage and collection receptacle as required and authorized in Chapter 8.15 SMC.
(3) “Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
(a) Which advertises for sale any merchandise, product, commodity, or thing;
(b) Which directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
(c) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incidental to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or
(d) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
(4) “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(5) “Litter” is “garbage,” “refuse,” and “rubbish” as these terms are defined in this section and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.
(6) “Newspaper” is any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. In addition, the term “newspaper” shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
(7) “Noncommercial handbill” is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill or newspaper.
(8) “Park” is a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.
(9) “Person” is any human, business, corporation, nonprofit, or any other similar entity.
(10) “Private premises” is any dwelling, house, building, or other structure, designed or used either wholly or in part for private nongovernmental purposes, whether inhabited, temporarily or continuously uninhabited or vacant, including any yard, grounds, parking lot, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
(11) “Public place” is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(12) “Refuse” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
(13) “Rubbish” is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, shingles, boards, asphalt chunks, concrete pieces, glass, bedding, crockery and similar materials, whether recyclable or not.
(14) “Vehicle” is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 435 § 2, 2012)
9.15.030 Litter in public places and from private places.
No person shall throw or deposit litter, or maintain, fail to maintain, or cause such condition on a private premises under their control such that litter will be carried or deposited by the elements or animals upon any part of any other private property, public place, or upon any street, sidewalk or other public place within the city except in public receptacles, or in authorized private receptacles for collection. (Ord. 435 § 3, 2012)
9.15.040 Placement of litter in receptacles.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements or animals upon any street, sidewalk or other public place or upon private property, including adjacent private property. (Ord. 435 § 4, 2012)
9.15.050 Litter in parks.
No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this chapter. (Ord. 435 § 5, 2012)
9.15.060 Litter in river and water.
No person shall throw or deposit litter in any fountain, pond, lake, river, stream, or any other body of water within the city. (Ord. 435 § 6, 2012)
9.15.070 Truck loads causing litter.
No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (Ord. 435 § 7, 2012)
9.15.080 Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (Ord. 435 § 8, 2012)
9.15.090 Sweeping litter into gutters.
(1) Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(2) Merchants’ Duty to Keep Sidewalks Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 435 § 9, 2012)
9.15.100 Litter on private property.
(1) Occupied Property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
(2) Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not.
(3) Owner to Maintain Premises Free of Litter. The owner or person in control of any private property or private premises shall at all times maintain the premises free of litter and shall secure structures and authorized private receptacles to prevent the natural elements or animals from transporting litter to adjacent properties; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 435 § 10, 2012)
9.15.110 Posting notices prohibited.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 435 § 11, 2012)
9.15.120 Throwing or distributing commercial handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place within the city. No person shall hand out or distribute or sell any handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute without charge to the receiver thereof any handbill to any person willing to accept it. (Ord. 435 § 12, 2012)
9.15.130 Commercial and noncommercial handbills – Placing on vehicles.
No person shall throw or deposit any handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a handbill to any occupant of a vehicle who is willing to accept it. (Ord. 435 § 13, 2012)
9.15.140 Depositing on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 435 § 14, 2012)
9.15.150 Prohibiting distribution where properly posted.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 435 § 15, 2012)
9.15.160 Distributing at inhabited private premises.
(1) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handling or transmitting any such handbill, directly to the owner, occupant, or other person then present in or upon such private premises. In case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal laws or regulations.
(2) The provisions of this section shall not apply to the distribution of mail by the United States mail, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 435 § 16, 2012)
9.15.170 Violation – Penalty – Enforcement.
(1) Every person, entity, or corporation violating or failing to comply with any of the provisions of this chapter shall be guilty of a civil infraction and also subject to a civil penalty, deemed to be an infraction, in the amount of $100.00 for each such violation. Each day the violation exists shall be considered a separate violation for purposes of penalties. Each piece of litter shall constitute a separate violation.
(2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor punishable by a sentence not to exceed 30 days in jail.
(3) Enforcement of this chapter may be by the mayor, any police officer or other law enforcement officer, fire department and building department personnel, jurisdictional health department personnel, and those public employees charged with the responsibility of operating and maintaining all public places within the provisions of this chapter. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating the provisions of this chapter. The enforcement officers may serve and execute all warrants, citations, and other processes issued by the courts. In addition, mailing by registered mail of such warrants, citations, or other processes to the last known place of residence of the offender is deemed as personal service upon the person charged. Nothing in this chapter prohibits citizens’ complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance, or court rule. (Ord. 435 § 17, 2012)
9.15.180 Purpose.
The purpose of this chapter is to accomplish litter control in the town and, pursuant to the general laws of the state, to adopt basically uniform and coordinated litter control local legislation throughout the state. This chapter is intended to place upon all persons within the town, in a cooperative and coordinated statewide effort, the duty of contributing to the public cleanliness of the town and appearance in order to promote the public health, safety, and welfare and to protect the economic interests of the people of the town against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial and noncommercial handbills. (Ord. 435 § 18, 2012)