Chapter 8.24
LITTER CONTROL*
Sections:
8.24.020 Purpose—State Model Litter Control Act incorporated by reference.
8.24.050 Littering prohibited.
8.24.060 Enforcement officers and procedures.
8.24.070 Placement of litter receptacles.
8.24.090 Damaging receptacles unlawful.
8.24.110 Mandatory litter bags.
8.24.120 Sweeping litter into gutter prohibited.
8.24.130 Throwing or distributing handbills in public places.
8.24.140 Depositing handbills on private property.
8.24.150 Litter thrown by persons in vehicles.
* For statutory provisions authorizing cities to regulate the use of sidewalks, see RCW 35.21.220; for provisions authorizing cities of the second class to prevent and remove filth and garbage in streets, alleys, yards or public grounds, see RCW 35.23.440(14). Prior ordinance history: Prior code §§ 9.32.050 and 9.48.010 through 9.48.400.
8.24.010 Short title.
This chapter shall be known and may be commonly referred to as the uniform litter control code. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 1, 1986)
8.24.020 Purpose—State Model Litter Control Act incorporated by reference.
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. The State Model Litter Control Act, currently codified at Chapter 70.93 RCW, is incorporated into this chapter by reference as if set forth in full. If provisions of the State Act conflict with provisions of this chapter, the more restrictive provisions shall govern. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 2, 1986)
8.24.030 Definitions.
A. “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, excluding newspapers, 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 clause 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 clause shall be deemed to authorize 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. 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.
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, sawmilling, 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 water craft of 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 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. In addition thereto, newspaper shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
F. “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 commercial handbill or newspaper.
G. “Potentially dangerous litter” means litter that is likely to injure a person or cause damage to a vehicle or other property. “Potentially dangerous litter” means:
1. Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
2. Glass;
3. A container or other product made predominantly or entirely of glass;
4. A hypodermic needle or other medical instrument designed to cut or pierce;
5. Raw human waste, including soiled baby diapers, regardless of whether or not the waste is in a container of any sort.
H. “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.
I. “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, which by this reference are incorporated in this chapter as if set forth in full. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 3, 1986)
8.24.040 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 shall be construed as applicable. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 18, 1986)
8.24.050 Littering prohibited.
No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the city or upon any private property now owned by him/her, 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/county for 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 such 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 such owner or tenant and provided such litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 4, 1986)
8.24.060 Enforcement officers and procedures.
Enforcement of this chapter may be by any police officer. All such enforcement officers are empowered to issue citations to, and/or arrest without warrant, persons violating the provisions of this chapter. Such 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. 1802-0412 § 1 (part), 2012: Ord. 1187 § 6, 1986)
8.24.070 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, 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.
C. Failure to place litter receptacles as provided by state law shall subject the property owner or operator to a fine per day of violation, as set forth in state law. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 7, 1986)
8.24.080 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. 1802-0412 § 1 (part), 2012: Ord. 1187 § 8, 1986)
8.24.090 Damaging receptacles unlawful.
It shall be unlawful for any person to willfully damage or deface any litter receptacle. Violation of this provision shall constitute a Class 3 civil infraction. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 9, 1986)
8.24.100 Removal of litter.
It shall be the responsibility of the city of Shelton for the removal of litter from litter receptacles placed in parks and other public places. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 10, 1986)
8.24.110 Mandatory litter bags.
The owner and person in possession of all vehicles shall keep a litter bag in such vehicle at all times. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 11, 1986)
8.24.120 Sweeping litter into gutter prohibited.
No person shall sweep into or deposit in any gutter, 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. 1802-0412 § 1 (part), 2012: Ord. 1187 § 12, 1986)
8.24.130 Throwing or distributing handbills in public places.
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. 1802-0412 § 1 (part), 2012: Ord. 1187 § 13, 1986)
8.24.140 Depositing handbills on private property.
A. No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
B. 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,” “No Soliciting,” or any similar notice, indicating in any matter that the occupants of the premises do not desire to receive handbills or have their right of privacy disturbed, or to have any such handbills left upon such premises. In case of an inhabited private residence which is not posted 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 drifted about such residence 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.
C. Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States 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. 1802-0412 § 1 (part), 2012: Ord. 1187 § 14, 1986)
8.24.150 Litter thrown by persons in vehicles.
No person, while driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 15, 1986)
8.24.160 Vehicle loading.
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 and 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 of 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. 1802-0412 § 1 (part), 2012: Ord. 1187 § 16, 1986)
8.24.170 Violation—Penalty.
A. Unless otherwise indicated, violations of this chapter shall be considered “littering,” an offense punishable by the penalties set forth as follows:
1. It shall be a Class 3 civil infraction for a person to litter in an amount less than or equal to one cubic foot.
2. It shall be a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup or the maximum restitution payment allowed under state law, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident.
3. It shall be a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or the maximum restitution payment allowed under state law, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident.
4. It shall be a Class 1 civil infraction for a person to litter any amount of potentially dangerous litter.
B. For any violations constituting a misdemeanor or gross misdemeanor, the court may, in addition to or in lieu of part or all of the cleanup restitution payment, 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. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter. (Ord. 1802-0412 § 1 (part), 2012: Ord. 1187 § 5, 1986)