Chapter 8.06
UNIFORM LITTER CONTROL CODE

Sections:

8.06.010    Short title.

8.06.020    Purpose.

8.06.030    Definitions.

8.06.040    Litter in general.

8.06.050    Violations.

8.06.060    Enforcement officers and procedures.

8.06.070    Placement of litter receptacles.

8.06.080    Use of receptacles.

8.06.090    Damaging receptacles.

8.06.100    Removal of litter.

8.06.110    Mandatory litter bags.

8.06.120    Sweeping litter into gutter prohibited.

8.06.130    Throwing or distributing handbills in public places.

8.06.140    Depositing handbills on uninhabited or vacant property.

8.06.150    Litter thrown by persons in vehicles.

8.06.160    Vehicle loading.

8.06.010 Short title.

This chapter shall be known and may be commonly referred to as the “uniform litter control code.” (Ord. 1611 § 1, 1984).

8.06.020 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 and appearance of 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 health and safety menace and the expense incident to littering. (Ord. 1611 § 1, 1984).

8.06.030 Definitions.

For the purposes of this chapter the following terms have the following meanings:

A. “Aircraft” means any device designed and used for navigation of flight in air.

B. “Litter” means all solid wastes including but not limited to containers, packages, wrapping, printed matter or other material thrown or deposited as herein prohibited, but not including windrift indicators, the wastes of the primary processes of mining, logging, sawmilling or farming.

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 any vehicle, aircraft or watercraft.

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

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

F. “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interest.

G. “Street” for the purpose of this chapter is synonymous with and includes road, highway and alley.

H. “Vehicle” includes 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 trails or tracks.

I. “Watercraft” means any boat, ship, vessel, barge or other floating craft. (Ord. 1611 § 1, 1984).

8.06.040 Litter in general.

No person shall throw drop, deposit, discard, or otherwise dispose of litter, 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, watercraft, aircraft 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; 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 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 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. 1611 § 1, 1984).

8.06.050 Violations.

A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a maximum penalty of a fine not to exceed $5,000 and/or by imprisonment in jail for a period not to exceed 1 year.

B. Any person who is convicted of a third or subsequent violation of this chapter shall be punished by a fine of not less than $100.00 which shall not be suspended or deferred.

C. Except where infirmity or age or other circumstances would create a hardship, any person found guilty of violating any provision of this chapter may be directed by the court in which a 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 8 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. 1711 § 1, 1986; Ord. 1611 § 1, 1984).

8.06.060 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. The 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 by the last known place of residence of the offender shall be deemed as personal service upon the person charged. (Ord. 1611 § 1, 1984).

8.06.070 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, schools, drive-in restaurants, 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. (Ord. 1611 § 1, 1984).

8.06.080 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. 1611 § 1, 1984).

8.06.090 Damaging receptacles.

It is unlawful for any person to wilfully damage or deface any litter receptacle. (Ord. 1611 § 1, 1984).

8.06.100 Removal of litter.

It shall be the responsibility of the person owning or maintaining litter receptacles to remove the litter from litter receptacles placed in parks, beaches, campgrounds, and other public places. (Ord. 1611 § 1, 1984).

8.06.110 Mandatory litter bags.

The owner or person in possession of all vehicles, aircraft or watercraft shall keep a litter bag in the vehicles, aircraft or watercraft at all times; provided this section shall not apply to motorcycles, motorbikes, ultralight aircraft, parachutes, hang gliders, or jump planes. (Ord. 1611 § 1, 1984).

8.06.120 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 any sidewalks in front of their premises free of litter. (Ord. 1611 § 1, 1984).

8.06.130 Throwing or distributing handbills in public places.

No person shall throw or deposit any handbill upon any public place within the City, including placing handbills on windshields or other portion of vehicles parked upon any public place; provided, however, that it is not 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. 1611 § 1, 1984).

8.06.140 Depositing handbills on uninhabited or vacant property.

A. No person shall throw or deposit any handbill in or upon any uninhabited or vacant property.

B. Exceptions. The provisions of this section shall not apply to the distribution of mail by the United States Government, newspapers, official governmental notices, and notices or customer service directories of regulated or public utilities, except that such items 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. 1611 § 1, 1984).

8.06.150 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. 1611 § 1, 1984).

8.06.160 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 by such public authority.

B. Any person owning or operating a vehicle from which any glass or other objects or materials which would constitute an obstruction, damage a vehicle or otherwise endanger travel upon a public street, have fallen or escaped, shall immediately cause such public street to be cleaned of all such glass or other objects or materials and shall bear any cost therefor. (Ord. 1611 § 1, 1984).