Chapter 8.44
LITTER CONTROL*

Sections:

8.44.010    Short title.

8.44.020    Purpose.

8.44.030    Definitions – Construction.

8.44.040    Deposit prohibited – Exception.

8.44.050    Receptacles – Placement.

8.44.060    Receptacles – Maintenance.

8.44.070    Receptacles – Method of deposit.

8.44.080    Receptacles – Acceptable material.

8.44.090    Receptacles – Damaging.

8.44.100    Receptacles – Removal of litter.

8.44.110    Receptacles – Inspection.

8.44.120    Receptacles – Prerequisite to building department approval.

8.44.130    Litter bags.

8.44.140    Thrown by persons in vehicles.

8.44.150    Sweeping litter into gutter prohibited.

8.44.160    Merchants’ duty to keep sidewalks free of litter.

8.44.170    Owner to maintain premises free of litter.

8.44.180    Handbills – Throwing, distributing in public places.

8.44.190    Handbills – Placing on vehicles.

8.44.200    Handbills – Depositing on uninhabited, vacant property.

8.44.210    Handbills – Distribution prohibited where property posted.

8.44.220    Handbills – Distributing at inhabited private residence.

8.44.230    Vehicles – Spilling content on public way – General prohibition.

8.44.240    Vehicles – Spilling content on public way – Liability.

8.44.250    Enforcement.

8.44.260    Conflicting provisions – Interpretation.

8.44.270    Violation – Abatement of condition – Penalty.

8.44.280    Violation – Receptacle placement, maintenance – Penalty.

8.44.290    Violation – General – Penalty.

*    For statutory provisions on litter control, see Chapter 70.93 RCW.

8.44.010 Short title.

The ordinance codified in this chapter shall be known and may be commonly referred to and cited as the “Uniform Litter Control Code.” (Ord. 697 § 1, 1973).

8.44.020 Purpose.

The purpose of this chapter is to accomplish litter control in the city 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 city, in a cooperative and coordinated statewide effort, 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 the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial and noncommercial handbills. (Ord. 697 § 21, 1973).

8.44.030 Definitions – Construction.

As used in this chapter, unless the context clearly indicates otherwise, the following terms have the meanings set forth in this section.

A.    “City” means the city of Bothell, Washington.

B.    “Handbill, commercial” means 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, excluding newspapers:

1.    Which advertises for sale any merchandise, product, commodity, or thing; or

2.    Which 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.    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. The terms of this section do not apply where an admission fee is charged or a collection is made 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 section authorizes 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

4.    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.

C.    “Handbill, noncommercial” means 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.

D.    “Highway” is synonymous with and includes street, road and alley.

E.    “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, saw milling, farming, or manufacturing.

F.    “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 of any person.

G.    “Litter receptacle” means those containers meeting minimum requirements of state regulations of the State Department of Ecology.

H.    “Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department 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; and in addition thereto, means any periodical or current magazine regularly published, with not less than four issues per year and sold to the public.

I.    “Park” means a park, reservation, playground, beach, recreation center, or any other area in the city devoted to active or passive outdoor recreation.

J.    “Person” means any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, or other entity whatsoever.

K.    “Place, public” means any area that is used or held out for use by the public whether owned or operated by public or private interests.

L.    “Regulations, state” 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, which are by this reference incorporated in this chapter as if set forth in full.

M.    “Residence, private” means any privately owned yard, grounds, walk, driveway, dwelling, house, building, or other structure, including appurtenant porches, steps or vestibules used or designed either wholly or in part for private residential purposes, whether single-family, duplex or multiple, and whether inhabited or temporarily or continuously uninhabited or vacant.

N.    “Road” is synonymous with and includes street, highway, and alley.

O.    “Street” is synonymous with and includes road, highway, and alley.

P.    “Vehicle” means 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 rails or tracks.

Q.    “Waste, solid” 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 discharged commodities.

R.    “Watercraft” means any boat, ship, vessel, barge, or other floating craft.

S.    All words used in the present tense include the future and past tenses, all words in the plural number include the singular number, and all words in the singular number include the plural number.

T.    The word “shall” is mandatory and not merely directory. (Ord. 697 § 2, 1973).

8.44.040 Deposit prohibited – Exception.

No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, alley, sidewalk or any other public place in the city or upon a private residence or other private property not owned by him, or in any waters within the jurisdiction of the city, whether from a vehicle or otherwise, except:

A.    When such property is designated by the state or by any of its agencies or the city for the 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 said public place, private residence, or other 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. 697 §§ 3.1 – 3.3, 1973).

8.44.050 Receptacles – Placement.

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. (Ord. 697 § 4.1, 1973).

8.44.060 Receptacles – Maintenance.

It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by BMC 8.44.050 to procure and place and maintain such litter receptacles at his/her own expense on the premises in accord with such state regulations. (Ord. 697 § 4.2, 1973).

8.44.070 Receptacles – Method of deposit.

Persons placing litter in litter receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private residence or other private property. (Ord. 697 § 5.1, 1973).

8.44.080 Receptacles – Acceptable material.

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. 697 § 5.2, 1973).

8.44.090 Receptacles – Damaging.

It is unlawful for any person to wilfully damage or deface any litter receptacle of another person. Upon conviction for such violation, such violator shall be subject to a fine of $100.00 for each such violation. (Ord. 697 § 6, 1973).

8.44.100 Receptacles – Removal of litter.

It shall be the responsibility of the local municipality, other agency, or person owning or maintaining the litter receptacle for the removal of litter from litter receptacles placed in parks, beaches, campgrounds, and other public places. (Ord. 697 § 7, 1973).

8.44.110 Receptacles – Inspection.

At such times as the fire department or other local fire control agency makes routine or other fire inspections within the city, it shall also be the duty of the fire department to inspect all such inspected premises to assure compliance with the requirements for placing and maintaining litter receptacles as required by this chapter. In the event violations of this chapter are found, members of the fire department are authorized to issue citations and the other legal process authorized in this chapter as in the case of police and other law enforcement personnel. (Ord. 697 § 19.1, 1973).

8.44.120 Receptacles – Prerequisite to building department approval.

The building department shall not approve occupancy of any building, structure, or other improvement for new construction or modification to any existing building, structure, or other improvement for which a building permit is required, nor give final inspection approval to any such building, structure, or other improvement until litter receptacles as required in this chapter have been set in place on the subject property. In the event violations of this chapter are found, members of the building department are authorized to issue citations and other legal process authorized in this chapter as in the case of police and other law enforcement personnel. (Ord. 697 § 19.2, 1973).

8.44.130 Litter bags.

The owner and person in possession of all vehicles or watercraft shall keep and use a litter bag in the vehicle or watercraft at all times, which litter bag shall be maintained in such vehicle or watercraft in a place in which the same may be viewed from the outside of such vehicle or watercraft whether or not the vehicle or watercraft is locked or otherwise secured from entry. (Ord. 697 § 8, 1973).

8.44.140 Thrown by persons in vehicles.

No person while a driver or passenger in a vehicle shall throw or otherwise deposit litter upon any street or other public place or upon any private residence or private property. (Ord. 697 § 17, 1973).

8.44.150 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 or 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. 697 § 9, 1973).

8.44.160 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 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. 697 § 10, 1973).

8.44.170 Owner to maintain premises free of litter.

The owner or person in control of any private residence or other private property shall at all times maintain the premises free of litter. (Ord. 697 § 11, 1973).

8.44.180 Handbills – Throwing, distributing 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 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. (Ord. 697 § 12, 1973).

8.44.190 Handbills – Placing on vehicles.

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. (Ord. 697 § 13, 1973).

8.44.200 Handbills – Depositing on uninhabited, vacant property.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private residence or other private property which is temporarily or continuously uninhabited or vacant. (Ord. 697 § 14, 1973).

8.44.210 Handbills – Distribution prohibited where property posted.

No person shall throw, deposit, or distribute any commercial or noncommercial handbill upon any private residence or other private property, if requested by anyone thereon not to do so, or if there is placed on said residence or property 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 said residence or property do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 697 § 15, 1973).

8.44.220 Handbills – Distributing at inhabited private residence.

No person shall throw, deposit, or distribute any commercial or noncommercial handbill in or upon any private residence which is inhabited, except by handling or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private residence; provided, however, that in case of an inhabited private residence which is not posted, as provided in this chapter, such person, unless requested by anyone upon such residence not to do so, may place or deposit any such handbill in or upon such inhabited private residence, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifting about such residence or sidewalks, streets, or other public places, and except that mailboxes may not be used when so prohibited by federal postal law or regulations. (Ord. 697 § 16, 1973).

8.44.230 Vehicles – Spilling content on public way – General prohibition.

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. (Ord. 697 § 18.1, 1973).

8.44.240 Vehicles – Spilling content on public way – Liability.

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 the public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 697 § 18.2, 1973).

8.44.250 Enforcement.

Enforcement of this chapter may be by 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. 697 § 20, 1973).

8.44.260 Conflicting provisions – Interpretation.

In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent is applicable. (Ord. 697 § 23, 1973).

8.44.270 Violation – Abatement of condition – Penalty.

A.    Any person violating the provisions of BMC 8.44.040 is guilty of a civil infraction, which penalty shall be assessed as follows:

1.    The penalty shall be a Class 3 civil infraction which involves a maximum penalty and default amount of $50.00, not including statutory assessments, for a person who litters in an amount less than or equal to one cubic foot.

2.    The penalty shall be a Class 1 civil infraction, with a maximum penalty and default amount of $250.00, not including statutory assessments, for a person who litters in an amount greater than one cubic foot.

B.    Unless suspended or modified by a court, the person shall also pay a litter clean up fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu of part or all of the clean up fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. (Ord. 1528 § 1, 1993; Ord. 697 § 3.4, 1973).

8.44.280 Violation – Receptacle placement, maintenance – Penalty.

Any person who fails to place such litter receptacles on the premises in the numbers and design required by state regulation, violating the provisions of BMC 8.44.050 and 8.44.060, shall be subject to a fine of $10.00 for each day of violation. (Ord. 697 § 4.3, 1973).

8.44.290 Violation – General – Penalty.

Every person convicted of a violation of this chapter for which no penalty is specifically provided within the specific section violated shall be punished by a fine of not more than $10.00 for each such violation. Each day that such violation continues is a separate offense. (Ord. 697 § 24, 1973).