Chapter 11.64
LITTERING

Sections:

11.64.010    Declaration of purpose.

11.64.020    Definitions.

11.64.030    Enforcement.

11.64.040    Littering prohibited—Penalties.

11.64.050    Notice to public of contents of this chapter.

11.64.060    Litter receptacles—Distribution, placement, violations and penalties.

11.64.070    Litter bags—Violations and penalties.

11.64.080    Removal of litter from receptacles—Responsibility.

11.64.090    Violations—Penalties.

11.64.010 Declaration of purpose.

The purpose of this chapter is to protect the public health, safety and welfare, and to control and remove litter and garbage from the city to the maximum practical extent possible. The intent of this chapter is to add to and to coordinate existing litter control and removal efforts of private and public entities and individuals, and not to terminate or supplant such efforts. (Ord. 4334 § 6 (part), 2011)

11.64.020 Definitions.

As used in this chapter, unless the context indicates otherwise, the following words shall have the meanings set forth below:

(1) “Litter” means and includes all types of garbage, refuse, trash, and waste material;

(2) “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, and is not limited to the state-approved litter bag but must be similar in size and capacity;

(3) “Litter receptacle” means an appropriately sized and shaped litter storage and collection receptacle intended to be used for the purpose of containing litter deposited therein, and includes but is not limited to those containers approved by the Department of Ecology as to standards as to size, shape, capacity, and color and bearing the state anti-litter symbol;

(4) “Person” means any industry, public or private corporation, copartnership, association, firm, individual or other entity whatsoever;

(5) “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. “Public place” also means any area that is used or held out for use by the public whether owned or operated by public or private interests, and shall include lakes, rivers, streams and other waterways;

(6) “Vehicle” means every device in, upon, or by which any person or property is or may be transported, including devices used exclusively upon stationary rails or tracks. “Vehicle” also means any boat, ship, vessel, barge, or other floating craft. (Ord. 4334 § 6 (part), 2011)

11.64.030 Enforcement.

City law enforcement officers, code enforcement officers, and those employees otherwise duly delegated and vested with enforcement authority all shall enforce the provisions of this chapter and all rules and regulations adopted hereunder. Additionally, litter violations on private property may also be deemed a nuisance subject to abatement as provided in Chapter 11.24 of this code, or such other process as is provided in the city’s codes. (Ord. 4334 § 6 (part), 2011)

11.64.040 Littering prohibited—Penalties.

(a) No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her or in the waters of this city whether from a vehicle or otherwise, including but not limited to any public highway, public park, beach, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1) When such property is designated by the city for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose; or

(2) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters.

(b) Except as provided in RCW 7.80.120(1)(a) and 70.93.060(4), any person discarding, throwing or dropping litter from any motor vehicle shall be guilty of a misdemeanor.

(c) Except as provided in subsection (f) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(d) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(e) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(f) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount.

(g) Any person who deposits, abandons or discards any vehicle or motor vehicle parts, fluids or accessories, upon any public property or upon the private property of another without permission, shall be guilty of a gross misdemeanor. (Ord. 4334 § 6 (part), 2011)

11.64.050 Notice to public of contents of this chapter.

Pertinent portions of this chapter, or pertinent notices, may be posted along the public streets and highways of the city and at all entrances to city parks, recreational areas, at all public beaches, and at all other public places in the city where persons are likely to be informed of the existence and content of this chapter and the penalties for violating its provision. (Ord. 4334 § 6 (part), 2011)

11.64.060 Litter receptacles—Distribution, placement, violations and penalties.

(a) Litter receptacles shall be of an appropriate size and design pursuant to standards adopted by the city or by the State Department of Ecology, and shall bear an anti-litter symbol as designed and adopted by the State Department of Ecology, or other suitable identification as a litter receptacle in accordance with WAC 173-310-050.

(b) Litter receptacles of the appropriate size and design, pursuant to city or state standards, shall be placed along the public streets and highways of this city and shall further be placed at all parks, drive-in restaurants, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, parking lots of major industrial firms, boat launching areas, beaches and bathing areas and at such other public places within the city as may be specified by rule or regulation adopted by the city manager, or designee.

(c) It shall be the responsibility of any persons owning or operating any establishments or public places in which such litter receptacles are required by this section to procure and place such receptacles at their own expense on the premises.

(d) Violation of this section shall be a class 3 civil infraction pursuant to RCW 7.80.120. Any person violating the provisions of this section or rules or regulations adopted thereunder shall be subject to an infraction for each day of violation. (Ord. 4334 § 6 (part), 2011)

11.64.070 Litter bags—Violations and penalties.

The owner of any vehicle who fails to keep and use a litter bag in his or her vehicle shall be guilty of a violation of this section and shall be subject to penalties as provided in this chapter. (Ord. 4334 § 6 (part), 2011)

11.64.080 Removal of litter from receptacles—Responsibility.

Responsibility for the removal of litter from receptacles placed on private or public property which is used by the public shall remain the responsibility of the owner or the person in possession of such property. (Ord. 4334 § 6 (part), 2011)

11.64.090 Violations—Penalties.

Every violation of this chapter for which no penalty is specially provided shall be punished by a class 3 civil infraction pursuant to RCW 7.80.120. (Ord. 4334 § 6 (part), 2011)