Chapter 8.08 LITTER

“Aircraft” means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” includes helicopters and lighter-than-air dirigibles and balloons.

“Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in the refuse collection ordinance.

“City” means the city of Goldendale.

“Commercial handbill” means 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:

1. Which advertises for sale any merchandise, product, commodity or thing; or

2. Which 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. Which 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, 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. Which, 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.

“Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

“Litter” means “garbage”, “refuse” and “rubbish” as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

“Newspaper” means 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; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

“Noncommercial handbill” means 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 aforesaid definitions of a “commercial handbill” or “newspaper.”

“Park” means a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

“Private premises” means any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

“Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

“Refuse” means all putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals or machinery or appliances, and solid market and industrial wastes. “Refuse” also includes and means for purposes of this chapter (but without limitation to the foregoing definition) any machinery, implements, appliances or equipment which: (1) through age, use or obsolescence has become inoperable or not in regular or frequent use; or (2) remains in a state of disrepair or nonuse for a continuous period of more than thirty days; and which has an apparent value of less than one hundred dollars as determined by a city appraiser appointed and selected by the council; provided, that such vehicles, machinery, appliances or equipment shall not be considered refuse if kept in a building or under complete cover, such as a tarp, or outdoors within a portion of premises enclosed by a wall or fence of such height as to sight obscure the vehicles, machinery, implements, appliances or equipment from the street or other public way.

“Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 1104 (part), 1993)

8.08.030 In public places.

No person shall throw or deposit litter in or upon any street, sidewalk or public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps. (Ord. 1104 (part), 1993)

8.08.040 Receptacle placement.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 1104 (part), 1993)

8.08.050 Sweeping into gutters.

No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Ord. 1104 (part), 1993)

8.08.060 Business owner to keep sidewalk clean.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 1104 (part), 1993)

8.08.070 Throwing from vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (Ord. 1104 (part), 1993)

8.08.080 Truck loads.

No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or public place. (Ord. 1104 (part), 1993)

8.08.090 In parks.

No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this chapter. (Ord. 1104 (part), 1993)

8.08.100 In lakes and fountains.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city. (Ord. 1104 (part), 1993)

8.08.110 Handbills--In public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city. (Ord. 1104 (part), 1993)

8.08.120 Handbills--On vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 1104 (part), 1993)

8.08.130 Handbills--Vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 1104 (part), 1993)

8.08.140 Handbills--On posted premises.

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 said premises in a conspicuous position near the entrance thereof a sign bearing the words: “No Trespassing,” “No Peddlers or Agents,” “No Advertising” or any similar notice, indicating in any matter the occupants of said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 1104 (part), 1993)

8.08.150 Handbills--Private premises.

A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premise, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be used when so prohibited by federal postal law or regulation.

B. Exemption for mail and newspapers is as follows: the provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 1104 (part), 1993)

8.08.160 Dropping from aircraft.

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Ord. 1104 (part), 1993)

8.08.170 Posting notices.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 1104 (part), 1993)

8.08.180 On occupied private property.

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. 1104 (part), 1993)

8.08.190 Maintaining premises free of litter.

The owner/tenant or person in control of any private property shall at all times maintain the premises free of litter. Landlord shall be accountable for any and all clean-up costs. Failure to pay costs of clean-up will result in a lien against the property, as provided in Section 8.08.210 below; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 1104 (part), 1993)

8.08.200 Vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 1104 (part), 1993)

8.08.210 Removal from private property.

A. Notice to Remove. The city is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to said owner at his last known address.

B. Action upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter within thirty days after receipt of written notice provided for in subsection A of this section, or within thirty days after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the city is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city.

C. Charge Included in Tax Bill., When the city has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion of the work, if not paid by such owner prior thereto, it shall become a lien against such property, and shall be certified to the county treasurer for collection prior to October 1st of said year.

D. Recorded Statement Constitutes Lien. Where the full amount due the city is not paid by such owner within thirty days after the disposal of such litter, as provided for in subsections A and B of this section, then, and in that case, the city shall cause to be recorded in the county auditor’s office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of eight percent in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (Ord. 1104 (part), 1993)

8.08.220 Dumping on road prohibited.

From and after the taking effect of the ordinance codified herein it is unlawful for any person to dump any garbage, refuse, debris or other substance along or in the road leading to any dump or transfer station site. (Ord. 1104 (part), 1993)

8.08.225 Implementation.

The ordinance codified in this chapter shall not be enforced for eight months after the effective date. (Ord. 1104 (part), 1993)

8.08.230 Penalty--Civil infraction.

A. Any person violating this chapter, shall be deemed to have committed a class one infraction and shall be subject to a maximum penalty of one hundred dollars, not including statutory assessments; this section may be enforced separately and in addition to the liens process enumerated elsewhere in this chapter.

B. Each violation or noncompliance shall be corrected within the time limits set out in this chapter and, each day thereafter that a prohibited condition is maintained shall constitute a separate offense. (Ord. 1136, 1994)