Chapter 8.04
LITTER CONTROL* Revised 8/18

Sections:

8.04.010    Short title.

8.04.020    Definitions.

8.04.030    Litter in public places.

8.04.040    Placement of litter in receptacles.

8.04.050    Litter in parks.

8.04.060    Litter in lakes and fountains.

8.04.070    Truck loads causing litter.

8.04.080    Litter thrown by persons in vehicles.

8.04.090    Sweeping litter into gutters.

8.04.100    Litter on private property.

8.04.110    Reserved.

8.04.120    Reserved.

8.04.130    Posting notices prohibited.

8.04.140    Throwing or distributing commercial handbills in public places.

8.04.150    Commercial and noncommercial handbills – Placing on vehicles.

8.04.160    Same – Depositing on uninhabited or vacant premises.

8.04.170    Same – Prohibiting distribution where properly posted.

8.04.180    Same – Distributing at inhabited private premises.

8.04.190    Violation – Penalty. Revised 8/18

*Cross reference(s) – Littering in parks and recreation areas, 4.01.100; performance standards, § 15.08.050.

State law reference(s) – Model litter control act, RCW 70.93.010 et seq.

8.04.010 Short title.

This chapter shall be known and may be cited as the “City of Kent Anti-Litter Ordinance.”

(Ord. No. 2154, § 1. Formerly Code 1986, § 9.18.04)

8.04.020 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aircraft is 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 is a litter storage and collection receptacle as required and authorized in Ch. 7.03 KCC.

Commercial handbill is 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;

2. Which directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;

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 subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incidental to such meeting, theatrical performance, 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. Nothing contained in this subsection 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 is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter is “garbage,” “refuse,” and “rubbish” as these terms are defined in this section and all other waste material which, if thrown or deposited as prohibited in this chapter tends to create a danger to public health, safety and welfare.

Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office 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. In addition, the term “newspaper” shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

Noncommercial handbill is 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 definitions of a commercial handbill or newspaper.

Park is 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.

Private premises is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited, 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 is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

Refuse is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

Rubbish is 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 is 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. No. 2154, § 2. Formerly Code 1986, § 9.18.08)

Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.

8.04.030 Litter in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, or in authorized private receptacles for collection.

(Ord. No. 2154, § 3. Formerly Code 1986, § 9.18.12)

State law reference(s) – Similar provisions, RCW 70.93.060.

8.04.040 Placement of litter in receptacles.

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. No. 2154, § 4. Formerly Code 1986, § 9.18.16)

State law reference(s) – Similar provisions, RCW 70.93.060(2).

8.04.050 Litter 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. No. 2154, § 9. Formerly Code 1986, § 9.18.36)

State law reference(s) – Similar provisions, RCW 70.93.060.

8.04.060 Litter 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. No. 2154, § 10. Formerly Code 1986, § 9.18.40)

State law reference(s) – Similar provisions, RCW 70.93.060.

8.04.070 Truck loads causing litter.

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 other public place. No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

(Ord. No. 2154, § 8. Formerly Code 1986, § 9.18.32)

State law reference(s) – Similar provisions, RCW 46.61.655.

8.04.080 Litter thrown by persons in 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. No. 2154, § 7. Formerly Code 1986, § 9.18.28)

State law reference(s) – Similar provisions, RCW 73.93.060.

8.04.090 Sweeping litter into gutters.

A. Prohibited. 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.

B. Merchants’ duty to keep sidewalks free of litter. 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. No. 2154, §§ 5, 6. Formerly Code 1986, §§ 9.18.20, 9.18.24)

8.04.100 Litter on private property.

A. Occupied 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.

B. 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.

C. Owner to maintain premises free of litter. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(Ord. No. 2154, §§ 18, 19, 20. Formerly Code 1986, §§ 9.18.72, 9.18.76, 9.18.80)

8.04.110 Reserved.

Editor’s note – Ord. No. 3111, § 1, adopted May 18, 1993, repealed former § 8.04.110 in its entirety, which pertained to the clearing of litter from open private property by the city.

8.04.120 Reserved.

Editor’s note – Ord. No. 3111, § 2, adopted May 18, 1993, repealed former § 8.04.120 in its entirety, which pertained to alternative or accumulative methods of collection of charges.

8.04.130 Posting notices prohibited.

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

(Ord. No. 2154, § 17. Formerly Code 1986, § 9.18.68)

8.04.140 Throwing or distributing commercial 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. No person shall hand out or distribute or sell any handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute without charge to the receiver thereof any handbill to any person willing to accept it.

(Ord. No. 2154, § 11. Formerly Code 1986, § 9.18.44)

8.04.150 Commercial and noncommercial handbills – Placing on vehicles.

No person shall throw or deposit any 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 handbill to any occupant of a vehicle who is willing to accept it.

(Ord. No. 2154, § 12. Formerly Code 1986, § 9.18.48)

8.04.160 Same – Depositing on uninhabited or 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. No. 2154, § 13. Formerly Code 1986, § 9.18.52)

8.04.170 Same – Prohibiting distribution where properly posted.

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 the premises in a conspicuous position near the entrance thereof, a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

(Ord. No. 2154, § 14. Formerly Code 1986, § 9.18.56)

8.04.180 Same – Distributing at inhabited 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 handling or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. 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 premises if the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal laws or regulations.

B. The provisions of this section shall not apply to the distribution of mail by the United States mail, nor to newspapers, as defined in KCC 8.04.020, 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. No. 2154, § 15. Formerly Code 1986, § 9.18.60)

8.04.190 Violation – Penalty. Revised 8/18

A. Civil code enforcement action. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein.

B. Criminal offense. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter may be charged criminally, pursuant to KCC 1.04.030(B).

C. Civil infraction. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter may be issued a class 1 civil infraction pursuant to RCW 7.80.120, as currently enacted or hereafter amended, and KCC 1.04.225.

(Ord. No. 3111, § 3, 5-18-93; Ord. No. 4282, § 4, 7-3-18)