Chapter 9.16
LITTER
Sections:
9.16.020 Grammatical interpretation and definitions.
9.16.030 Prohibited acts – Generally – Penalty.
9.16.040 Receptacles – Placement in public places.
9.16.060 Receptacles – Damaging unlawful.
9.16.070 Responsibility for litter removal.
9.16.080 Mandatory litter bags.
9.16.090 Sweeping into gutters prohibited – Maintenance of abutting sidewalks.
9.16.100 Handbills – Throwing in public places prohibited.
9.16.120 Throwing by persons in vehicles prohibited.
9.16.130 Vehicle loading as to prevent leakage – Responsibility for removal of fallen objects.
9.16.140 Enforcement – Officers and procedures.
9.16.150 Provisions of chapter nonexclusive.
9.16.010 Purpose.
A. The purpose of this chapter is to accomplish litter control in the city of Sultan.
B. 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.
C. 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. 340 § 14, 1975)
9.16.020 Grammatical interpretation and definitions.
As used in this uniform litter control chapter, unless the context clearly indicates otherwise, the following terms have the meanings set forth in this section. All words used in the present tense include the future and past tense; all words used in the plural number include the singular number, and all words in the singular number include the plural number. The word “shall” is mandatory and not merely a word of direction.
A. “Handbill” is any printed or written matter excluding newspapers; which advertises for sale any commodity or thing, or which directs attention to any business or other activity or event of any kind.
B. “Litter” means all solid wastes including but not limited to containers, packages, wrapping, printed matter or other material thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, milling, farming or manufacturing.
C. “Litter bag” means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft con trolled by any person.
D. “Litter receptacle” means those containers meeting minimum requirements of state regulations of the State Department of Ecology.
E. “Newspaper” is any newspaper of general circulation as defined by law.
F. “Park” is a park, reservation, playground, beach, recreation center or any other area in the city, devoted to active or passive outdoor recreation.
G. “Person” is any individual, industry, public or private corporation, copartnership, association, firm or other entity.
H. “Private property” means any property not publicly owned or held out for use by the public.
I. “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.
J. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
K. “State regulations” means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to Chapter 34.04 RCW and codified or prepared for codification as part of the Washington Administrative Code.
L. “Street” for the purposes of this chapter is synonymous with and includes highway, road and alley.
M. “City” means the city of Sultan, Washington.
N. “Vehicle” includes every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks.
O. “Watercraft” means any boat, ship, vessel, barge or other floating craft. (Ord. 340 § 1, 1975)
9.16.030 Prohibited acts – Generally – Penalty.
A. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the city or upon any private property whether or not owned by him, or in any waters within the jurisdiction of the city, whether from a vehicle or otherwise, except:
1. 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
2. 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 said public place or any private property; or
3. 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 said owner or tenant and provided said litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations.
B. Any person violating the provisions of this section shall be guilty of a misdemeanor and in addition to or in lieu of any other penalty, such person may in the sound discretion of the court be directed, by the court, to pick up and remove from any public place or any private property, with permission of the owner, or the person in possession of the property, upon which it is established that such person had deposited litter, any and all litter deposited thereon by anyone prior to the date of the execution of the sentence. (Ord. 358 § 1, 1977; Ord. 340 § 2, 1975)
9.16.040 Receptacles – Placement in public places.
A. Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient habitation, 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. 340 § 3, 1975)
9.16.050 Receptacles – Use.
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. 340 § 4, 1975)
9.16.060 Receptacles – Damaging unlawful.
It is unlawful for any person to willfully damage or deface any litter receptacle. (Ord. 340 § 5, 1975)
9.16.070 Responsibility for litter removal.
It shall be the responsibility of the local city, 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. 340 § 6, 1975)
9.16.080 Mandatory litter bags.
The owner or person in possession of all vehicles or watercraft shall keep a litter bag in said vehicle or watercraft at all times. (Ord. 340 § 7, 1975)
9.16.090 Sweeping into gutters prohibited – Maintenance of abutting sidewalks.
A. 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.
B. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 340 § 8, 1975)
9.16.100 Handbills – Throwing in public places prohibited.
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. 340 § 9, 1975)
9.16.110 Handbills – Depositing on uninhabited or vacant property prohibited – Mail or newspapers exempt.
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 (as defined in SMC 9.16.020(E)) 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. 340 § 10, 1975)
9.16.120 Throwing by persons in vehicles prohibited.
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. 340 § 11, 1975)
9.16.130 Vehicle loading as to prevent leakage – Responsibility for removal of fallen objects.
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 or 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 cost therefor. (Ord. 340 § 12, 1975)
9.16.140 Enforcement – Officers and procedures.
A. This chapter may be enforced by any member of the department of the city marshal.
B. All such members of the department of the city marshal are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this chapter, when such violation is committed in the presence of the arresting officer.
C. Said enforcement officers may serve and execute all warrants, citations and other process, issued by the courts.
D. 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. 340 § 13, 1975)
9.16.150 Provisions of chapter nonexclusive.
In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of the ordinance codified in this chapter, the more stringent shall be construed as applicable. (Ord. 340 § 16, 1975)
9.16.160 Violation – Penalty.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and shall be punished by a sentence of not more than 90 days in the county jail or a fine of not more than $250.00 or both. (Ord. 340 § 17, 1975)