Chapter 8.12


8.12.010    Title.

8.12.020    Definitions and construction.

8.12.030    Littering prohibited--Exceptions.

8.12.040    Litter receptacles--Required in certain places.

8.12.050    Litter receptacles--Responsibility for placement.

8.12.060    Litter receptacles--Deposit of litter in careful manner.

8.12.070    Litter receptacles--Not for deposit of accumulated solid wastes.

8.12.080    Litter receptacles--Willful damage prohibited.

8.12.090    Litter receptacles--Responsibility for removal of litter.

8.12.100    Litter bags required in all vehicles.

8.12.110    Depositing litter in gutters and streets prohibited--Sidewalks to be kept free of litter.

8.12.120    Private property to be kept free of litter.

8.12.130    Throwing litter from vehicle prohibited.

8.12.140    Escape of load from vehicle--Prevention required--Exceptions.

8.12.150    Escape of load from vehicle--Removal of fallen material required--Responsibility for costs.

8.12.160    Enforcement--Inspections--Report to police department.

8.12.170    Enforcement--Building inspector to withhold approvals until litter receptacles are placed.

*    For statutory provisions concerning the State Model Litter Control Act, see RCW Ch. 70.93; for provisions forbidding a vehicle to allow escape of load materials on the highway, see RCW 46.61.655.

8.12.010 Title.

The ordinance codified in this chapter shall he known and may be commonly referred to and cited as the litter-control ordinance. (Ord. 537 §1, 1973).

8.12.020 Definitions and construction.

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

1.    "City" means the city of Elma, Washington;

2.    "Highway" is synonymous with and includes street, road and alley;

3.    "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;

4.    "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 of any person;

5.    "Litter receptacle" means those containers meeting minimum requirements of the regulations of the state department of ecology;

6.    "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 offices as provided by general law; and in addition thereto, means and includes any periodical or current magazine regularly published with not fewer than four issues per year, and sold to the public;

7.    "Park" is a park, reservation, playground, beach, recreation center or any other area in the city devoted to active or passive outdoor recreation;

8.    "Person" is any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, or any other entity, whatsoever;

9.    "Private residence" 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;

10.    "Public place" means any area that is used or held out for use by the public, whether owned or operated by public or private interests;

11.    "Road" is synonymous with and includes street, highway and alley;

12.    "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;

13.    "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 rails or tracks;

B.    All words used in the present tense include the future and past tense. All words in the plural number include the singular number, and all words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (Ord. 537 §2, 1973).

8.12.030 Littering 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 said owner or tenant, and provided the litter will not cause a public nuisance or be in violation of any other state law, rule or regulation, or municipal ordinance. (Ord. 537 §3, 1973).

8.12.040 Litter receptacles--Required in certain places.

Litter receptacles shall be placed in all parks, trailer parks servicing 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 required by regulation of the Department of Ecology. (Ord. 537 §4(1), 1973).

8.12.050 Litter receptacles--Responsibility for placement.

It is the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by Section 8.12.040 to procure and place and maintain such litter receptacles at his own expense on the premises in accord with state regulations. (Ord. 537 §4(2), 1973).

8.12.060 Litter receptacles--Deposit of litter in careful manner.

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. 537 §5(1), 1973).

8.12.070 Litter receptacles--Not for deposit of accumulated solid wastes.

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. 537 §5(2), 1973).

8.12.080 Litter receptacles--Willful damage prohibited.

It is unlawful for any person to willfully damage or deface, any litter receptacle of another person. (Ord. 537 §6, 1973).

8.12.090 Litter receptacles--Responsibility for removal of litter.

It is the responsibility of the local municipality, other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, campgrounds, and other public places. (Ord. 537 §7, 1973).

8.12.100 Litter bags required in all vehicles.

The owner and person in possession of all vehicles shall keep and use a litter bag in said vehicle at all times. The litter bag shall be maintained in such vehicle in a place in which the same may be viewed from the outside of the vehicle, whether or not the vehicle is locked or otherwise secured from entry. (Ord. 537 §8, 1973).

8.12.110 Depositing litter in gutters and streets prohibited--Sidewalks to be kept free of litter.

A.    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.

B.    Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 537 §9, 1973).

8.12.120 Private property to be kept 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. 537 §11, 1976).

8.12.130 Throwing litter from vehicle prohibited.

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. 537 §12, 1973).

8.12.140 Escape of load from vehicle--Prevention required--Exceptions.

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 a public authority having jurisdiction for the same, or by persons under contract or other authorization by such public authority. (Ord. 537 §13(1), 1973).

8.12.150 Escape of load from vehicle--Removal of fallen material required--Responsibility for costs.

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. 537 §13(2), 1973).

8.12.160 Enforcement--Inspections--Report to police department.

The city shall require routine inspections within the city by a specified city employee 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, a report should be made to the police department for the issuance of citations or other legal process. (Ord. 537 §14(1), 1973).

8.12.170 Enforcement--Buildinq inspector to withhold approvals until litter receptacles are placed.

The building inspector shall not approve occupancy of any building, structure or other improvement, or new construction or modification to an existing building or structure for which a building permit is required, or give final inspection approval to any such building or structure or improvement until litter receptacles as required by this chapter have been set in place on the property in question. (Ord. 537 §14(2), 1973).