Chapter 8.28
LITTER
Sections:
8.28.050 Placement of litter receptacles.
8.28.070 Damaging receptacles.
8.28.090 Mandatory litter bags.
8.28.100 Sweeping litter into gutter prohibited.
8.28.110 Throwing or distributing handbills in public places.
8.28.120 Depositing handbills on uninhabited or vacant property – Exemption for mail and newspaper.
8.28.130 Litter thrown by persons in vehicle.
8.28.160 Enforcement officers and procedures.
8.28.010 Short title.
This chapter shall be known and may be commonly referred to as the Uniform Litter Control Code. (Ord. 535 § 1, 1984).
8.28.020 Purpose.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the city 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 littering. (Ord. 535 § 2, 1984).
8.28.030 Definitions.
Unless the context clearly indicates otherwise, the terms in this code are defined in RCW 70.93.030(4). (Ord. 535 § 3, 1984).
8.28.040 Litter in general.
No person shall throw, drop, deposit, discard or otherwise dispose of litter, as that term is defined in RCW 70.93.030(4), upon any public place in the city or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise, including but not limited to any sidewalk, street, alley, highway, or park, except;
A. When such property is designated by the state or by any of its agencies or the city for disposal of garbage and refuse, and such person is authorized by the proper public authority to so use such property; or
B. Into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of the public place or any private property; or
C. When such person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of the owner or tenant and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (Ord. 535 § 4, 1984).
8.28.050 Placement of litter receptacles.
A. Litter receptacles shall be placed in all places in respect to the service of transient habitation, parks, trailer parks, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such public places in numbers appropriate to need as specified by state regulation.
B. It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this section to procure and place and maintain such litter receptacles at their own expense on the premises in accord with such state regulations. (Ord. 535 § 7, 1984).
8.28.060 Use of receptacles.
Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business. (Ord. 535 § 8, 1984).
8.28.070 Damaging receptacles.
It is unlawful for any person to wilfully damage or deface any litter receptacle. (Ord. 535 § 9, 1984).
8.28.080 Removal of litter.
It shall be the responsibility of the local municipality, other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, beaches, campgrounds, and other public places. (Ord. 535 § 10, 1984).
8.28.090 Mandatory litter bags.
The owner and person in possession of all vehicles or watercraft shall keep a litter bag in the vehicle or watercraft at all times. (Ord. 535 § 11, 1984).
8.28.100 Sweeping litter into gutter prohibited.
No person shall sweep into or deposit in any gutter, street, alley or other public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 535 § 12, 1984).
8.28.110 Throwing or distributing handbills in public places.
No person shall throw or deposit any handbill upon any public place within the city; provided, however, that it shall not be unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it. (Ord. 535 § 13, 1984).
8.28.120 Depositing handbills on uninhabited or vacant property – Exemption for mail and newspaper.
A. No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
B. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any public place or upon private property. (Ord. 535 § 14, 1984).
8.28.130 Litter thrown by persons in vehicle.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property. (Ord. 535 § 15, 1984).
8.28.140 Vehicle loading.
A. No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand and gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of such roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by such public authority.
B. Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public street shall immediately cause such public street to be cleaned of all such glass or other objects and shall pay any costs therefor. (Ord. 535 § 16, 1984).
8.28.150 Violation – Penalty.
A. Civil Infraction. Violation of the provisions of this chapter shall constitute a civil infraction.
B. Misdemeanor. In addition to the penalty imposed in subsection A of this section, any person who violates any provisions of this chapter more than two times within a one-year period shall be guilty of a misdemeanor.
C. In addition thereto, except where infirmity or age or other circumstances would create a hardship, any such person shall be directed by the court in which the penalty or fine is levied to pick up and remove litter from public property, and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than 16 hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person’s employment and does not interfere substantially with the person’s family responsibilities. (Ord. 860 § 5, 2000; Ord. 535 § 5, 1984).
8.28.160 Enforcement officers and procedures.
Enforcement of this chapter may be by any police officer. 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 process issued by the courts. In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. (Ord. 535 § 6, 1984).