Chapter 8.20
LITTER CONTROL
Sections:
8.20.030 Littering—Prohibited.
8.20.050 Receptacles—Use required.
8.20.060 Receptacles—Damaging prohibited.
8.20.070 Receptacles—Responsibility.
8.20.080 Litter bags required in vehicles.
8.20.090 Sweeping litter into gutters prohibited.
8.20.100 Distribution of handbills.
8.20.010 Purpose.
The purpose of this chapter is to accomplish litter control in the county. This chapter is intended to place upon all persons within the county the duty of contributing to the public cleanliness and appearance of the county in order to promote the public health, safety and welfare and to protect the economic interests of the people 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. dated 6/20/77 § 1(part))
8.20.020 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context, the following words and phrases shall have the following meanings ascribed to them:
“Litter” means waste paper of every nature and all solid wastes including, but not limited to, containers, packages, wrappings, printed matter or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of farming or manufacturing.
“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 a vehicle.
“Litter receptacle” means a container for the disposal of litter of not more than sixty gallon capacity; provided, that special containers of larger capacity such as those referred to a “dumpsters,” and garbage containers or other waste containers serving single or multifamily residences are not included within this definition and their use is in no way regulated or affected by this chapter.
“Park” means a park, reservation, playground, recreation center or any other area in the county devoted to active or passive outdoor recreation.
“Person” means any individual, industry, public or private corporation, copartnership, association, firm or any other entity whatsoever.
“Public place” means any area used or held out for use by the public whether owned or operated by public or private interests.
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to garbage, rubbish, ashes, industrial waste, swill, demolition and construction wastes and discarded commodities.
“State regulations” means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to RCW Chapter 34.04 and codified or prepared for codification as part of the Washington Administrative Code.
“Vehicle” means every device capable of being moved on a street and in, upon or by which any person or property is or may be transported, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (Ord. dated 6/20/77 § 1(part))
8.20.030 Littering—Prohibited.
No person shall throw, drop, deposit, discard or otherwise dispose of litter on any street, alley, sidewalk or other public place or upon a private residence or other private property not controlled or owned by such person within the county, or in any body of water or waterway within the jurisdiction of the county, except:
A. When such property is designated by the state, its authorized agencies or by the county for the disposal of litter and solid waste;
B. Into a litter receptacle or other container in such a manner so that the litter will not be strewn or blown about or otherwise carried away and deposited by the elements upon any public place or private property of another;
C. When the person disposing of the litter has prior consent of the owner or person in possession of such property and when the litter is deposited in such a manner so as not to cause a public nuisance or to be in violation of any other applicable law or regulation. (Ord. dated 6/20/77 § 1(part))
8.20.040 Receptacles.
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, and in other similar public places of a quantity appropriate to the need for such receptacles, all as specified by and in accordance with state regulations.
B. Every person who owns or operates any establishment or public place in which litter receptacles are required by this section shall procure and place and maintain such litter receptacles on the premises, all as specified by and in accordance with such state regulations; and it is unlawful for any such person to fail to so procure, place and maintain litter receptacles as required by this section. (Ord. dated 6/20/77 § 1(part))
8.20.050 Receptacles—Use required.
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 such litter receptacles be used for the disposal of other solid waste accumulated in residences or places of business. (Ord. dated 6/20/77 § 1(part))
8.20.060 Receptacles—Damaging prohibited.
It is unlawful for any person to wilfully damage, deface or destroy any litter receptacle. (Ord. dated 6/20/77 § 1(part))
8.20.070 Receptacles—Responsibility.
It shall be the responsibility of the person owning or maintaining any public place where litter receptacles are placed pursuant to this chapter to remove and dispose of litter from such litter receptacles. (Ord. dated 6/20/77 § 1(part))
8.20.080 Litter bags required in vehicles.
The owner and the person in possession of any vehicle shall maintain a litter bag in such vehicle at all times; provided, litter bags are not required on motorcycles, motorscooters and similar vehicles. (Ord. dated 6/20/77 § 1(part))
8.20.090 Sweeping litter into gutters 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. dated 6/20/77 § 1(part))
8.20.100 Distribution of handbills.
A. In Public Places. It is unlawful for any person to distribute or hand out, or to deposit, place, throw or scatter, or cause the same to be done by any person, any commercial handbill or any device containing samples of any patent medicine, foodstuffs or other product in or upon any public sidewalk, street, alley, park or square, or any other public place in the county; provided, it is not unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept such noncommercial handbill. For purposes of this section, the term “commercial handbill” means any printed or written handbill, circular, dodger, leaflet, pamphlet, card, picture or other similar items which advertises for sale any merchandise or product, or which directs attention to any business establishment or commercial activity for the purpose of either directly or indirectly promoting the interests thereof by sales, or 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 of which is predominantly and essentially an advertisement is distributed or circulated for advertising purposes or for the private benefit and gain of any person; provided, the term “commercial handbill” does not include any handbill or similar item directing attention to any meeting, theatrical performance, exhibition or other event where an admission fee is charged for the purpose of defraying expenses incidental to such meeting, performance, exhibition or event, and where such meeting, performance, exhibition or event has for its purpose the dissemination of information not otherwise restricted or prohibited by law. For purposes of this section, the term “noncommercial handbill” means any printed or written matter not including in the foregoing definition of commercial handbill.
B. In Vehicles. It is unlawful for any person to place or deposit, or cause same to be done by any person, any handbill, circular, dodger, leaflet, pamphlet, card, picture or any advertising matter of any kind whatsoever, or samples of any patent medicine, foodstuffs, or other produce, in or upon any automobile or other vehicle not his own or in or upon any street, alley or other public place, or in or on any public or private parking lot or garage, or on private property, except by the owner or occupant of such private premises.
C. On Private Property. It is unlawful for any person to distribute, deposit, scatter, throw or otherwise deliver or leave, or cause the same to be done by any person, any handbill, circular, dodger, leaflet, pamphlet, card, picture or any advertising matter of any kind whatsoever, or samples of any patent medicine, foodstuffs or other produce on or in any residence or other private premises under any of the following circumstances:
1. When and where such residence or other private premises are uninhabited or vacant;
2. When or where there is fixed near the entrance of such residence or other private premises a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice indicating in any manner that the occupants do not desire to have their privacy disturbed or have any such handbill or other similar material left upon such premises;
3. When and where the occupants of such residence or other private premises otherwise in any manner notify the person delivering, or causing to be delivered, such handbill or other similar material that the occupants do not desire to have the same delivered to their premises.
D. Delivery of Handbills. It is unlawful for any person to deliver, or cause the same to be done by any person, any handbill, circular, dodger, leaflet, pamphlet, card, picture or any advertising matter of any kind whatsoever, or samples of any patent medicine, foodstuffs or other produce, whether or not otherwise authorized by this section, without placing and leaving the same so as to secure or prevent it from being blown or drifted about such premises or elsewhere, except that mailboxes may not be so used when prohibited by federal postal laws or regulations.
E. The provisions of this section shall not apply to newsboys delivering newspapers to their customers who request such delivery. (Ord. dated 6/20/77 § 1 (part))
8.20.110 Violation—Penalty.
It is unlawful for any person to commit an action prohibited by this chapter or to fail to perform a duty when required to do so by the terms of this chapter or otherwise to violate or fail to comply with the provisions of this chapter. Any person convicted of violating any provision of this chapter shall be subject to a fine of not less than ten dollars for each offense, and each day during which any violation occurs or continues shall constitute a separate offense for the purpose of this section; provided, the maximum penalty to which a violator may be subject for each separate offense shall not exceed the maximum penalty provided by Section 9.08.010 of this code. (Ord. dated 6/20/77 § 1(part))