Chapter 8.16
LITTER1
Sections:
8.16.010 Short title.
8.16.015 Purpose.
8.16.020 Definitions.
8.16.030 Unlawful dumping or littering.
8.16.031 Unlawful use of litter receptacles.
8.16.032 Business conducted on public property – Use of city receptacles prohibited.
8.16.033 Accumulation of litter on planting strip or sidewalk.
8.16.040 Placement in receptacles – Method.
8.16.050 Disposal by business owners – Restrictions.
8.16.060 Throwing from vehicles – Prohibited.
8.16.070 Litter from trucks prohibited.
8.16.080 Deposit in parks – Restrictions.
8.16.090 Deposit in bodies of water prohibited.
8.16.100 Handbill distribution – Restrictions generally.
8.16.110 Handbill distribution – On vehicles – Prohibitions.
8.16.120 Handbill distribution – On uninhabited premises – Prohibited.
8.16.130 Handbill distribution – On prohibition-posted premises – Prohibited.
8.16.140 Handbill distribution – On inhabited premises – Regulations.
8.16.150 Dropping litter or handbills from aircraft prohibited.
8.16.160 Posting notices – Restrictions.
8.16.170 Deposit on private property – Prohibited.
8.16.180 Removal from private premises – Owner’s responsibility.
8.16.190 Deposit on vacant property – Prohibited.
8.16.200 Removal from private property – Notice.
8.16.210 Removal from private property – City action.
8.16.220 Removal from private property by city – Costs liability.
8.16.230 Removal from private property by city – Lien for charge of nonpayment.
8.16.240 Violation – Penalty.
8.16.250 Evidence – Presumption of identification.
8.16.260 Removal from private property by owner.
8.16.010 Short title.
The ordinance codified in this chapter shall be known and may be cited as the city anti-litter ordinance. (1957 code § 7.12.010.)
8.16.015 Purpose.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to prevent and desist unlawful dumping and littering in the city 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 public expense caused by littering. (Ord. 4276 § 1, 1988.)
8.16.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section.
A. “Aircraft” is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. “Aircraft” includes helicopters and lighter-than-air dirigibles and balloons.
B. “Authorized private receptacle” is a litter storage and collection receptacle as required and authorized by ACC 8.08.070.
C. “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 which:
1. Advertises for sale any merchandise, product, commodity or thing; or
2. Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. 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 subdivision shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident 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; provided, that nothing contained in this subdivision shall be 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
4. 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.
D. “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
E. “Enforcing authority” shall be the director of public works or his designee who is authorized and directed to carry out the provisions of Chapter 8.16 ACC et seq.
F. “Litter” is “garbage,” “refuse” and “rubbish,” as defined in this section and all other waste material which is deposited as prohibited in this chapter and tends to create a danger to public health, safety and welfare.
G. “Newspaper” is any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
H. “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.
I. “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.
J. “Private premises” is any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, or for commercial purposes whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
K. “Public place” means and includes any and all streets, avenues, ways, sidewalks, boulevards, alleys or public rights-of-way, planting and parking strips, squares, triangles whether open to the use of the public or not, and the space above or beneath the same, and all public spaces, grounds and buildings.
L. “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.
M. “Rubbish” is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
N. “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. 4276 § 2, 1988; 1957 code § 7.12.020.)
8.16.030 Unlawful dumping or littering.
It is unlawful for anyone to dump, throw, or deposit, any litter on any property, public or private, vacant or occupied, or any public place except in garbage cans, or detachable containers where authorized, or in bundles as described in this chapter, placed on private property or placed on the street or alley for collection when necessary, authorized, or required, or upon or at a refuse disposal, processing, or recovery site designated by the city. The owner, tenant or other person responsible for the condition of private property may be responsible for removing any litter; provided, that the owner shall only be subject to civil penalties for noncompliance. (Ord. 4276 § 3, 1988.)
8.16.031 Unlawful use of litter receptacles.
It is unlawful to place refuse accumulated on private property, or burning or smoldering materials, or dead animals, in any receptacle provided by the city for refuse disposal; nor shall the contents of any such receptacle be removed or disturbed by anyone except as authorized by the director of public works or his designee. (Ord. 4276 § 4, 1988.)
8.16.032 Business conducted on public property – Use of city receptacles prohibited.
It is unlawful for anyone conducting business on public property to deposit refuse accumulated in the course of such business in any receptacle on public property which has been provided by the city for refuse disposal. (Ord. 4276 § 4, 1988.)
8.16.033 Accumulation of litter on planting strip or sidewalk.
It is unlawful for the owner or occupant of abutting private property to allow the accumulation of litter on sidewalks or planting strips, whether such litter is deposited by such owner or occupant or not. This provision shall not apply to the law enforcement officer when removing the contents of a building to the sidewalk or planting strip pursuant to an eviction ordered by the superior court, or to firefighters placing debris on the sidewalk or planting strip in the course of extinguishing a fire or explosion. (Ord. 4276 § 4, 1988.)
8.16.040 Placement in receptacles – Method.
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 upon any street, sidewalk or other public place or upon private property. (1957 code § 7.12.040.)
8.16.050 Disposal by business owners – Restrictions.
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. (1957 code § 7.12.060.)
8.16.060 Throwing from vehicles – Prohibited.
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. (1957 code § 7.12.070.)
8.16.070 Litter from trucks prohibited.
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; nor shall any person 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. (1957 code § 7.12.080.)
8.16.080 Deposit in parks – Restrictions.
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 herein. (1957 code § 7.12.090.)
8.16.090 Deposit in bodies of water prohibited.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or other body of water in a park or elsewhere within the city. (1957 code § 7.12.100.)
8.16.100 Handbill distribution – Restrictions generally.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city; nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it is not 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 noncommercial handbill to any person willing to accept it. (1957 code § 7.12.110.)
8.16.110 Handbill distribution – On vehicles – Prohibitions.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (1957 code § 7.12.120.)
8.16.120 Handbill distribution – On uninhabited premises – Prohibited.
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. (1957 code § 7.12.130.)
8.16.130 Handbill distribution – On prohibition-posted premises – Prohibited.
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 matter 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. (1957 code § 7.12.140.)
8.16.140 Handbill distribution – On inhabited premises – Regulations.
A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that 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 such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
B. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers (as defined in this chapter), 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. (1957 code § 7.12.150.)
8.16.150 Dropping litter or handbills from aircraft prohibited.
No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (1957 code § 7.12.160.)
8.16.160 Posting notices – Restrictions.
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. (1957 code § 7.12.170.)
8.16.170 Deposit on private property – Prohibited.
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. (1957 code § 7.12.180.)
8.16.180 Removal from private premises – Owner’s responsibility.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (1957 code § 7.12.190.)
8.16.190 Deposit on vacant property – Prohibited.
No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (1957 code § 7.12.200.)
8.16.200 Removal from private property – Notice.
The enforcing authority is authorized and empowered to notify the owner of private property within the city or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. This provision shall not apply if the person responsible for the condition is not the owner, and if the city knows the identity of the person responsible. The city shall issue notice to the person responsible if the identity is known. Such notice shall be issued as provided in ACC 8.16.240. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(A).)
8.16.210 Removal from private property – City action.
Upon the failure, neglect or refusal of any owner or agent, or the person responsible so notified to properly dispose of litter dangerous to the public health, safety or welfare within the time for compliance provided in the written notice provided in ACC 8.16.240, or within 24 hours after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such notified person, the enforcing authority is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(B).)
8.16.220 Removal from private property by city – Costs liability.
When the city has effected the removal, the actual cost thereof, and 15 percent plus accrued interest at the rate of six percent per year from the date of the completion of the work, if not paid by such owner prior thereto or the person responsible, shall be charged to such notified person and the charge shall be due and payable by the person at the time of receipt of such bill. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(C).)
8.16.230 Removal from private property by city – Lien for charge of nonpayment.
Where the full amount due the city is not paid by such notified person within 30 days after the disposal of such litter, as provided in ACC 8.16.200 and 8.16.210, or if no bill is rendered because the person responsible or the property owner cannot be found, then, in that event, the enforcing authority in the name of the city, may file a lien therefor against the property, which lien shall be in the same form, filed with the same officer and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(D).)
8.16.240 Violation – Penalty.
If after investigation the enforcing authority determines that ACC 8.16.030 has been violated, the enforcing authority shall enforce this chapter pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4504 § 3, 1991; Ord. 4276 § 6, 1988.)
8.16.250 Evidence – Presumption of identification.
Whenever litter deposited, thrown, or placed in violation of ACC 8.16.030 contains three or more items bearing the name of one individual, or whenever a motor vehicle or trailer used in the activity is identified by its license plate, it shall be presumed that the individual whose name appears on the items or to whom the vehicle or trailer is registered committed the unlawful act. The person shall have an opportunity to rebut the presumption and may show as full or partial mitigation of liability:
A. That the violation giving rise to the action was caused by the wilful act, neglect, or abuse of another; or
B. That correction of the violation was commenced promptly upon receipt of the notice thereof, but 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 conditions or circumstances beyond the control of the defendant. (Ord. 4504 § 6, 1991; Ord. 4276 § 7, 1988.)
8.16.260 Removal from private property by owner.
When the owner has effected the removal of litter from the owner’s property as a result of another person’s failure to comply with a notice issued pursuant to ACC 8.16.240, the penalty shall include the owner’s actual cost of removal plus 15 percent. (Ord. 4504 § 7, 1991; Ord. 4276 § 7, 1988.)
For provisions of the Model Litter Control Act, see Ch. 70.93 RCW.