Chapter 8.24
LITTER CONTROL CODE*
Sections:
8.24.040 Enforcement officers and procedures.
8.24.050 Placement of litter receptacles.
8.24.070 Damaging receptacles.
8.24.090 Mandatory litter bags.
8.24.100 Sweeping litter into gutter prohibited.
8.24.110 Throwing or distributing handbills in public.
8.24.120 Depositing handbills on uninhabited or vacant property.
8.24.130 Litter thrown by persons in vehicles.
8.24.140 Repealed.
* See also FMC 9.08.020.
8.24.010 Short title.
This chapter shall be known and may be commonly referred to as the “Litter Control Code”. (Ord. 718 § 1, 1983).
8.24.020 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. 718 § 2, 1983).
8.24.030 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;
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 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 said owner or tenant and provided said litter will not cause a public nuisance and be in violation of any other state or local laws, rules or regulations. (Ord. 718 § 3, 1983).
8.24.040 Enforcement officers and procedures.
Enforcement of this chapter may be by any public officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this chapter. Said 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. 718 § 4, 1983).
8.24.050 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 and such other public places in numbers appropriate to need as specified by RCW 70.93.090 or regulation by the Director of the Department of Ecology adopted pursuant to Chapter 34.05 RCW.
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 RCW 70.93.090 and with rules and regulations adopted by the Department of Ecology. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 718 § 5, 1983).
8.24.060 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. 718 § 6, 1983).
8.24.070 Damaging receptacles.
It shall be unlawful for any person to wilfully damage or deface any litter receptacle. (Ord. 718 § 7, 1983).
8.24.080 Removal of litter.
It shall be the responsibility of the person owning or maintaining the litter receptacle for the removal of litter therefrom. (Ord. 718 § 8, 1983).
8.24.090 Mandatory litter bags.
The owner and person in possession of all vehicles shall keep a litter bag in said vehicle at all times. (Ord. 718 § 9, 1983).
8.24.100 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. 718 § 10, 1983).
8.24.110 Throwing or distributing handbills in public.
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. 718 § 11, 1983).
8.24.120 Depositing handbills on uninhabited or vacant property.
A. No person shall throw or deposit any handbill upon any uninhabited or vacant private property.
B. Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, private parcel delivery 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. 718 § 12, 1983).
8.24.130 Litter thrown by persons in vehicles.
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. 718 § 13, 1983).
8.24.140 Vehicle loading.
Repealed by Ord. 893. (Ord. 718 § 14, 1983).
8.24.150 Violation – Penalty.
A. Any knowing violation of the provisions of this chapter or any knowing failure to comply with the requirements of this chapter shall be a misdemeanor.
B. In addition thereto, except where infirmity or age or other circumstance would create a hardship, any such person may be directed by the court in which the 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. 1777 § 1 (Exh. A), 2012; Ord. 842 § 6, 1986; Ord. 718 § 15, 1983).