Chapter 8.30
LITTER CONTROL
Sections:
8.30.030 Receptacles – Placement.
8.30.050 Receptacles – Maintenance.
8.30.060 Receptacles – Damaging.
8.30.070 Mandatory litter bags for vehicles.
8.30.080 Sweeping litter in gutter.
8.30.090 Handbills – Prohibited.
8.30.100 Handbills – Exemptions.
8.30.120 Violations – Penalties.
8.30.010 Purpose.
The purpose of this chapter is to accomplish litter control in the county. This chapter is intended to place upon all persons within the county the duty of contributing to the public cleanliness of the county and appearance in order to promote public health, safety and welfare and to protect the economic interests of the people of the county against unsanitary and unsightly conditions. It is the further intent of this chapter to protect the people against the health and safety menace and the expense incident to littering. [Ord. 5-85 § 1]
8.30.020 Littering.
No person shall throw, drop, deposit, discard or otherwise dispose of litter, as that term is defined in RCW 70.93.030(4), upon any public place in the county or upon any private property not owned by him, or in any waters within the jurisdiction of the county whether from a vehicle or otherwise, including, but not limited to, any highway, street, alley, sidewalk, or park, except:
(1) When such property is designated by the county or other public authority for the disposal of garbage and refuse, and such person is authorized by the proper public authority to so use such property. The duly designated locations as presently fixed by the board of county commissioners are:
(a) The county landfill located off Landfill Road in the S 1/2 of S 1/2 of Section 8 and the N 1/2 of NW 1/4 of Section 17, Township 30 N, Range 1 W, W.M.
(b) Hadlock Drop Box Site located at the Hadlock gravel pit in the SE 1/4 of the NE 1/4 of Section 11, Township 29 N, Range 1 W, W.M.
(c) Quilcene Drop Box Site – located at the E 560 feet of NE 1/4 of NE 1/4 and E 560 feet of SE 1/4 of NE 1/4 North of State Highway in Section 23, Township 27 N, Range 1 W, W.M.
(d) Brinnon Drop Box Site – on Dosewallips Road in a portion of the SE 1/4 of the NE 1/4, Section 17, Township 25 N, Range 2 W, W.M.
(e) Coyle Drop Box Site – at the intersection of the Hazelpoint and Coyle Roads, a portion of the NW 1/4 of the SE 1/4 of Section 3, Township 26 N, Range 2 W, W.M.
(f) Clearwater Drop Box Site – 1-1/2 miles W of S.R. 101 on Clearwater Road, a portion of Gov. Lot 2, Township 30 N, Range 12 W, W.M.
(2) Into a litter receptacle or other container in such a 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.
(3) 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 said litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. [Ord. 5-85 § 2]
8.30.030 Receptacles – Placement.
(1) Litter receptacles shall be placed in all places in respect to the service of transient habitation including, but not limited to, parks, trailers 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.
(2) 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 county and state regulations. [Ord. 5-85 § 3]
8.30.040 Receptacles – Use.
Litter receptacles placed as required above shall be used only for such litter material as persons may have for disposal while passing along the street or other public place and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business. [Ord. 5-85 § 3]
8.30.050 Receptacles – Maintenance.
It shall be the responsibility of the local municipality, agency or person owning the receptacle to maintain and remove the litter from same. [Ord. 5- 85 § 3]
8.30.060 Receptacles – Damaging.
It shall be unlawful for any person to willfully damage or deface any litter receptacle. [Ord. 5-85 § 3]
8.30.070 Mandatory litter bags for vehicles.
(1) The owner or person in possession of all vehicles or watercraft shall keep a litter bag or other suitable container in said vehicle or watercraft at all times.
(2) No person, while a driver or passenger in any vehicle or watercraft, shall throw or otherwise deposit litter upon any property. [Ord. 5-85 § 4]
8.30.080 Sweeping litter in gutter.
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 the sidewalks in front of their premises free of litter. [Ord. 5-85 § 5]
8.30.090 Handbills – Prohibited.
(1) No person shall throw or deposit any handbill upon any public place within the county; 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.
(2) No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property. [Ord. 5-85 § 6]
8.30.100 Handbills – Exemptions.
The provisions of JCC 8.30.090 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 other private property. [Ord. 5-85 § 6]
8.30.110 Vehicle loading.
(1) 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 the public authority having jurisdiction for the same or by persons under contract or other authorization by such public authority.
(2) 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 highway or street shall immediately cause such public highway or street to be cleaned of all such glass or other objects and shall pay any cost therefor. [Ord. 5-85 § 7]
8.30.120 Violations – Penalties.
(1) Civil Penalties. Any person who violates the provisions of this chapter shall be subject to a penalty in the amount of not less than $50.00, nor more than $250.00.
(2) Gross Misdemeanor. In addition to the penalty imposed in subsection (1) of this section, any person who violates any provision of this chapter more than two times shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50.00. In addition thereto, except where infirmity or age or other circumstances would create a hardship, any such person shall be directed by the court in which the 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 eight 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. 5-85 § 8]
8.30.130 Enforcement.
Enforcement of this chapter may be by any law enforcement officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this chapter. Said 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. 5-85 § 9]
8.30.140 Interpretation.
(1) In the event any other county ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable.
(2) Nothing in this chapter shall be considered or construed to lessen, or take from, the provisions of the city of Port Townsend Ordinance 1138 or any subsequent ordinance passed by the city pertaining to the collection of garbage. [Ord. 5-85 § 11]