Chapter 8.08
LITTER, REFUSE, TRASH AND BURNING REGULATIONS
Sections:
8.08.020 Control of litter, refuse and trash.
8.08.025 Removal, storage and disposal of snow.
8.08.010 Findings.
The town council finds and ordains that it is necessary for the protection and welfare of the general public to regulate the discarding, placement and storage of litter, refuse, trash or snow within the limits of the town. Furthermore, the town council also finds and ordains that it is necessary for the protection and welfare of town residents and the general public to regulate outdoor burning of any material and the maintenance of potential nuisances within the limits of the town. (Ord. 632 § 1(A), 2011: Ord. 416 § 1, 1993)
8.08.020 Control of litter, refuse and trash.
A. No person shall throw, drop, deposit, discard or otherwise dispose of litter, trash or refuse within the town, except in an approved receptacle, and in such a manner it will be prevented from being carried away or deposited by the elements.
B. Owners, operators or employees of commercial establishments shall not deposit or cause to be deposited any litter, trash or refuse except in approved containers provided by, or arranged for by the owner, operator or employee of the establishment, and such material shall be removed from the premises in a timely manner.
C. Public trash receptacles shall be provided and maintained by the town in appropriate locations and shall be for casual use. Any use for commercial or household litter, trash or refuse, or burning or hazardous material shall be a violation.
D. The owner or operator of every motor vehicle or watercraft shall maintain a litter bag in such vehicle or craft.
E. No persons shall sweep into or deposit in any gutter, street, alley or other public place, the accumulation of litter from any building or lot of from any public or private sidewalk.
F. The owner or person in control of any private residence or other private property shall at all times maintain the premises free of litter.
G. No vehicle shall be moved upon any public street or alley unless it is so constructed and loaded to prevent the escape of any material therefrom. (Ord. 416 §§ 2—9, 1993)
8.08.025 Removal, storage and disposal of snow.
It is the purpose of this section to eliminate and remove hazards posed by improper or unsafe removal and/or storage of snow. The following are determined to be a nuisance and no person may maintain or permit:
A. Accumulated or stored snow that interferes with the safe ingress and egress onto or off of a public right-of-way where such public right-of-way meets a driveway, parking lot, private road or other access. This shall include, but not be limited to, piles of snow that physically interfere with travel or block the vision of vehicles entering or exiting the public right-of-way.
B. The causing of snow accumulated or stored on the public right-of-way to interfere with safe ingress or egress onto or off of a public right-of-way where it meets a driveway, parking lot, private road or other access. This shall include, but not be limited to, piles of snow that physically interfere with travel or block the vision of vehicles entering or exiting the public right-of-way.
C. For the purposes of this section, “person” shall mean a natural person, corporation, firm or entity that causes a violation of this section. In the event that the person cannot be determined who caused a violation of this section, then such person shall mean the existing landowner of the property upon which the violation exists, or adjacent to the public right-of-way in which a violation was created, as determined by the tax records for such property maintained by the Okanogan County assessor. (Ord. 632 § 1(B), 2011)
8.08.030 Outdoor fires.
A. There shall be no outdoor fire for recreational or debris disposal purposes within a B‑II zone in the town, except within outdoor fireplaces or for town-approved special events. For the purposes of this section, “outdoor fireplaces” shall mean fireplaces constructed of suitable, nonflammable material which shall adequately contain any such fire and suppress sparks or burning embers from such fireplace. All other outdoor fires in a B-II zone shall be prohibited including, but not limited to, fires within incinerators or other containers.
B. Outdoor fires shall be permitted in zones R-I, R-II, R-III, B-I, B-III and public use subject to the following conditions:
1. Debris fires shall be less than six feet across and three feet high. Burning permits will not be required from January 1st through April 30th and October 15th through December 31st, unless burning is suspended by special regulation of the town. Anything exceeding the aforementioned debris pile size or during the period of May 1st through October 14th shall require a burning permit.
2. Nothing but yard waste and untreated lumber shall be burned. At no time is the outdoor burning of nonorganic material allowed.
3. The town fire department in times of extreme fire danger may declare a suspension of all burning within the town limits.
4. Burning permits shall be obtained from the fire chief or his designee of the town fire department.
5. Campfires in approved campgrounds will be permitted with a written permit from the fire chief or his designee of the town. (Ord. 632 § 1(C), 2011: Ord. 416 §§ 10, 11, 1993)
8.08.040 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 persons violating the provisions of this chapter. In addition, mailing of such citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Nothing herein shall be construed to prohibit citizen complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance or court rule. A citation issued to a business shall be deemed as issued to the proprietor. (Ord. 416 § 13, 1993)
8.08.050 Violation—Penalty.
Any violation of this chapter shall be a civil infraction with a monetary penalty of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00). Each day a violation continues shall be a separate violation. If a violation in or upon a place, property or vehicle with access by the general public is present or continues which the town municipal court judge deems a significant danger to the general public, he/she may order, in writing, that the fire chief secure such place, property or vehicle until such violation is corrected. (Ord. 416 § 16, 1993)