Chapter 8.32LITTER CONTROL

Sections:

8.32.010
Declaration of Purpose.
8.32.020
Definitions.
8.32.030
Enforcement.
8.32.040
Littering Prohibited - Penalties.
8.32.050
Notice to Public Contents of Chapter.
8.32.060
Litter Receptacles - Distribution - Placement - Violations - Penalties.
8.32.070
Litter Bags - Violations - Penalties.
8.32.080
Removal of Litter - Responsibility.
8.32.090
Coordination with the Department of Ecology.
8.32.100
Violations - Penalties.
8.32.900
Statutes Adopted by Reference.
8.32.010Declaration 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. 314 § 1 (part), 2003; Ord. 38 § 1 (part), 1996.)

8.32.020Definitions.

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

A. “Litter” means and includes all types of garbage, refuse, trash, and waste material;

B. “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;

C. “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;

D. “Person” means any industry, public or private corporation, copartnership, association, firm, individual or other entity whatsoever;

E. “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;

F. “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. 38 § 1 (part), 1996.)

8.32.030Enforcement.

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. In addition, mailing by certified mail, of such citations, complaints, informations or notices or other process to the last known place of residence of a person charged, or as otherwise provided by applicable court rules, shall be deemed as personal service upon that person. The City shall also have the authority to contract with the Department of Ecology for purposes of providing litter control/enforcement services and personnel reasonably necessary to carry out the enforcement provisions of State law. Additionally, litter violations on private property may also be deemed a nuisance subject to abatement as provided in Chapter 8.16 of the City Code, or such other process as is provided in the City Codes. (Ord. 181 § 8, 1998; Ord. 38 § 1 (part), 1996.)

8.32.040Littering 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, campground, 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;

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

C. Any person discarding, throwing or dropping litter upon public or private property shall be guilty of a misdemeanor.

D. Any person who owns property within the City, or who has control or custody of property within the City, shall keep the premises thereof free from litter. Any person failing this duty shall be guilty of a misdemeanor.

E. Any person allowing a litter can, garbage can or a similar receptacle, to overflow or who fails to keep litter or garbage within a closed lidded container shall be guilty of a misdemeanor.

F. 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.

G. Any person found guilty of violating the provisions of this Section, in the sound discretion of any court in which conviction is obtained, may be directed by the judge to pick up and remove from any public place or any private property with prior permission of the legal owner upon which it is established by competent evidence that such person has deposited litter, any or all litter deposited thereon by anyone prior to the date of the execution of sentence. In the sound discretion of the court, any person found guilty of violating any of the provisions of this Section may be sentenced to perform work in the City Work Crew in lieu of or in addition to any jail time imposed thereunder. (Ord. 314 § 1 (part), 2003; Ord. 38 § 1 (part), 1996.)

8.32.050Notice to Public Contents of 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. 181 § 9, 1998; Ord. 38 § 1 (part), 1996.)

8.32.060Litter Receptacles - Distribution - Placement - Violations - 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.

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. Any person who fails to place such litter receptacles on the premises in the numbers required by rule or regulation of the City, violating the provisions of this Section or rules or regulations adopted thereunder, shall be subject to a fine of twenty dollars ($20.00) for each day of violation. (Ord. 38 § 1 (part), 1996.)

8.32.070Litter Bags - Violations - 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. The City encourages use of the standard litter bag designed and distributed by the State Department of Ecology. (Ord. 38 § 1 (part), 1996.)

8.32.080Removal of Litter - 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 operator of such property. (Ord. 38 § 1 (part), 1996.)

8.32.090Coordination with the Department of Ecology.

The City shall coordinate with and shall support the efforts of the State Department of Ecology in accomplishing local anti-litter efforts; shall, together with the Department of Ecology, encourage, organize and coordinate all voluntary local anti-litter campaigns seeking to focus the attention of the public on the programs of the State and City to control and remove litter; and to investigate the availability of, and to apply for funds available from any private or public source to be used in programs to control and remove litter. (Ord. 38 § 1 (part), 1996.)

8.32.100Violations - Penalties.

Every person convicted of a violation of this Chapter for which no penalty is specially provided for shall be punished by a fine of not more than fifty dollars ($50.00) for each violation. (Ord. 314 § 1 (part), 2003; Ord. 38 § 1 (part), 1996.)

8.32.900Statutes Adopted by Reference.

The following statutes are incorporated in this Chapter by reference:

RCW 7.80.120(1)(a) (Monetary Penalties and Restitution)

RCW 70.93.030 (Definitions)

RCW 70.93.060(4) (Potentially Dangerous Litter) (Ord. 314 § 1 (part), 2003.)