Chapter 8.30


8.30.010    Purpose.

8.30.020    Litter.

8.30.030    Litter receptacles.

8.30.040    Mandatory litter bags.

8.30.050    Sweeping litter into gutter prohibited.

8.30.060    Handbills.

8.30.070    Vehicle loading.

8.30.080    Evidence.

8.30.090    Violation - Penalty.

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. 1096 § 1, 1987]

8.30.020 Litter.

In general 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) Ethel - 1037 Spencer Road, Ethel. At the intersection of the Classe Road and Spencer Road, just east on Spencer Road on the north side. More particularly described as:

A portion of Government Lot 1 in Section 31, Township 12 North, Range 1 East, W.M., described as follows: Beginning at the Northwest corner of said Section 31; thence East, along the North line of said Section 31, to the County Road, known as the Spencer Road, thence in a Southwesterly direction along said road to the West line of said Section 31; thence North, along said West line to the place of beginning. Except County Road.

(b) Meskill - 3547 State Highway 6, Chehalis. Approximately 10 miles west of Chehalis on Highway 6 on the south side of the highway. Just before River Road. More particularly described as:

Portion North 295.16’ of SW 4, Section 15, Township 13 North, Range 4 West, W.M., lying west of State Hwy. 6.

(c) Mineral - 292 Mineral Creek Road, Mineral. Approximately three miles east of Mineral on the Mineral Creek Road on the south side. More particularly described as:

Portion SE 4, NW 4, Section 10, Township 14 North, Range 5 East, W.M.

(d) Mossyrock - 515 Larson Road, Mossyrock. Approximately three miles north of Highway 12 on the Larson Road on the south side. More particularly described as:

Portion E 2, NE 4, Section 1, Township 12 North, Range 2 East, W.M.

(e) Morton Transfer Station - Approximately four miles east of Morton on Highway 12 on the north side. More particularly described as:

All that part of the NE1/4 NE1/4, Section 13, Township 12 North Range 4 East, W.M., lying Northerly of U.S. Highway 12 as located this date, excepting therefrom the following described tract of land.

Beginning at a point of intersection of the Northeasterly right of way boundary of U.S. Highway 12 with the Easterly line of the NE1/4 NE1/4 Section 13 TWP 12N Range 4E W.M. said bears N 1 degree 08’ E a distance of 649.21 feet from the NE Corner of said Section 13. Thence following the Northeasterly boundary of U.S. Highway 12, N 31 degrees 30’ E, a distance of 237.24 feet to a point; thence N 31 degrees 30’ E, a distance of 99.41 feet to a point; thence S 58 degrees 30’ E, to the Easterly line of the said NE1/4 NE1/4 Section 13, a distance of 115.21 feet to the point of beginning thence southerly along the Easterly line of the said NE1/4 NE1/4. Situate in the county of Lewis, state of Washington.

(f) Onalaska - 201 Alexander Road, Onalaska. Just west of Onalaska off Alexander Road on 2nd Street. More particularly described as:

West 295.16’ of North 295.16’ of South 669.01’, SW 4, SE 4 and 60’ strip being South 60’, North 211.75’ of West 1085.9’, SW 4, SE 4, Section 30, Township 13 North, Range 1 East W.M.

(g) Packwood - 12919 U.S. Highway 12, Packwood. Just south of Packwood city limits on the west side of Highway 12. More particularly described as:

S/2, NE 4, SE 4, Section 21, Township 13 North, Range 9 East, W.M. except part east of Highway.

(h) Randle - 9392 U.S. Highway 12, Randle. Approximately two miles west of Randle on the south side of Highway 12. More particularly described as:

Portion NW 4, NE 4, Section 13, Township 12 North, Range 6 East, W.M.

(i) Toledo - 294 Highway 505, Toledo. Midway between Highway 5 and Toledo on Highway 505 on the south side. More particularly described as:

A part of the George Drew Donation Land Claim, Section 12 Township 11 North, Range 2 West W.M. being located southerly of S.S.H.I.Q. (S.R. 505) and being further described as follows:

Beginning at an intersection of the Southerly right of way boundary of said S.R. 505 and the Easterly boundary of said Drew D.L.C. thence N89-22’W along the Southerly boundary of S.R. 505, a distance of 200.00 feet; thence Southerly and parallel with the Easterly boundary of said Drews D.L.C., a distance of 360.0 feet; thence S89-22’E, to the said Easterly boundary of Drews D.L.C., a distance of 200 feet more or less, thence Northerly along said Easterly boundary of Drews D.L.C. to the point of beginning, a distance of 360 feet more or less. Containing 1.8 acres more or less, and being a part of those lands described in Deed Volume 316, page 529, of the office of the Lewis County auditor.

(j) Winlock - 1105 Winlock/Vader Road. Midway between Winlock and Vader on the east side of the Winlock/Vader Road. More particularly described as:

Part SE4, SW4, Section 8, Township 11 North, Range 2 West W.M. lying west of creek except county road.

(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. 1157, 1998; Ord. 1096 § 2, 1987]

8.30.030 Litter receptacles.

(1) Placement.

(a) Litter receptacles shall be placed in all places in respect to the service of transient habitation including, but not limited to, parks, trailer 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.

(b) 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.

(2) 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.

(3) Maintenance. It shall be the responsibility of the local municipality, agency or person owning the receptacle to maintain and remove the litter from same.

(4) Damaging. It shall be unlawful for any person to willfully damage or deface any litter receptacle. [Ord. 1157, 1998; Ord. 1096 § 3, 1987]

8.30.040 Mandatory litter bags.

(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. 1157, 1998; Ord. 1096 § 4, 1987]

8.30.050 Sweeping litter into gutter prohibited.

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. 1157, 1998; Ord. 1096 § 5, 1987]

8.30.060 Handbills.

(1) No person shall throw or deposit any handbill upon any public place or public or private vehicle within the county; provided, however, that it shall not be unlawful for any person to hand out any handbill to any person who is willing to accept it; to post any such handbill on private property with permission of the owner; or for public officers performing official duties to place such official notices or warnings as may be appropriate to law enforcement, public notice and public safety.

(2) No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.

(3) Exemption for Mail and Newspapers. The provisions of this section 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. 1157, 1998; Ord. 1096 § 6, 1987]

8.30.070 Vehicle loading.

(1) No vehicle shall be driven or moved on any public highway 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. 1157, 1998; Ord. 1096 § 7, 1987]

8.30.080 Evidence.

The presence of the name of one individual on two or more items of litter disposed of in violation of this chapter shall constitute evidence that the individual whose name appears on such items committed the unlawful act of littering. [Ord. 1157, 1998; Ord. 1096 § 8, 1987]

8.30.090 Violation - Penalty.

(1) Public Nuisance. Violation of this chapter is declared a public nuisance and the owner of any interest in property, public or private, may recover from the offender all necessary and reasonable expenses incurred in the cleanup and removal of any materials deposited in a manner contrary to this chapter.

(2) Civil Penalty. In addition to, or as an alternative to, any other penalty provided herein or by law, any person, firm, or corporation which violates the provisions of this chapter, shall be subject to the monetary penalties in LCC 1.20.040.

Whenever the director of public works or his designee determines that a violation occurred, the director of public works or his designee is authorized to issue a notice of infraction directed to the person(s) committing or causing such violation pursuant to the provisions of LCC 1.20.040;

(3) In addition to the penalty imposed in subsection (2) of this section, any person who violates any provision of this chapter more than two times except where infirmity or age or other circumstances would create a hardship, may 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. 1180 §10, 2002; Ord. 1157, 1998; Ord. 1096 § 9, 1987]