Chapter 7.12


7.12.010    Short title.

7.12.020    Purpose of provisions.

7.12.030    Definitions.

7.12.040    Interpretation.

7.12.050    Littering prohibited – Exceptions.

7.12.055    Owner to maintain premises free of litter.

7.12.060    Litter receptacles – Placement responsibility – Locations where required.

7.12.070    Litter receptacles – Use restrictions.

7.12.080    Litter receptacles – Damaging or defacing prohibited.

7.12.090    Litter receptacles – Responsibility for removal of material deposited.

7.12.100    Litter bags mandatory in vehicles and watercraft.

7.12.110    Sweeping litter into gutter prohibited.

7.12.120    Throwing or distributing handbills in public places prohibited – Exception.

7.12.130    Depositing handbills on uninhabited or vacant property prohibited – Exceptions.

7.12.140    Throwing litter from vehicles prohibited.

7.12.150    Dropping materials from vehicles – Prohibited when – Owner cleanup duty.

7.12.160    Enforcement officers and procedures.

7.12.170    Violation – Penalty.

7.12.180    Severability.

7.12.010 Short title.

This chapter shall be known and may be commonly referred to as the “uniform litter control code.” (Ord. 828 § 1, 1976)

7.12.020 Purpose of provisions.

The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness and appearance of the city in order to promote the public health, safety and welfare, and to protect the economic interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering. (Ord. 828 § 15, 1976)

7.12.030 Definitions.

As used in this uniform litter control code, unless the context clearly indicates otherwise, the following terms have the following meanings. All words used in the present tense include the future and past tense; all words in the plural number include the singular number, and all words in the singular number include the plural number. The word “shall” is mandatory and not merely directory.

A. “City” means the city of Lynnwood.

B. “Handbill” means any printed or written matter, excluding newspapers, which advertises for sale any commodity, or thing, or which directs attention to any business or other activity or event of any kind.

C. “Highway” is synonymous with and includes street, road and alley.

D. “Litter” means all solid wastes, including but not limited to containers, packages, wrappings, printed matter or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.

E. “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 or watercraft of any person.

F. “Litter receptacle” means those containers meeting minimum requirements of state regulations of the State Department of Ecology.

G. “Newspaper” means any newspaper of general circulation as defined by general law.

H. “Park” means a park, reservation, playground, beach, recreation center or any other area in the city, devoted to active or passive outdoor recreation.

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

J. “Private property” means any property not publicly owned or held out for use by the public.

K. “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.

L. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.

M. “State regulations” means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to Chapter 34.04 RCW, and codified or prepared for codification as part of the Washington Administrative Code.

N. “Vehicle” includes every device capable of being moved upon a public street and in, upon or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks.

O. “Watercraft” means any boat, ship, vessel, barge, or other floating craft. (Ord. 828 § 2, 1976)

7.12.040 Interpretation.

In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 828 § 17, 1976)

7.12.050 Littering prohibited – Exceptions.

A. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the city or upon any private property not owned by him, or in any waters within the jurisdiction of the city, whether from a vehicle or otherwise, except:

1. When such property is designated by the state or by any of its agencies or the city for disposal of garbage and refuse, and such person is authorized by the proper public authority to so use such property; or

2. Into a litter receptacle or other container in such 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; or

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 shall not cause a public nuisance or be in violation of any other state or local laws, rules or regulations.

B. Penalties for Violation of This Section.

1. It is a Class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

2. It is a Class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu of part of all of the cleanup fee, 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. (Ord. 2164 § 13, 1997; Ord. 828 § 3, 1976)

7.12.055 Owner to maintain premises free of litter.

The owner or persons in control of any private residence or other private property shall at all times maintain the premises free of litter. (Ord. 965 § 1, 1978)

7.12.060 Litter receptacles – Placement responsibility – Locations where required.

A. Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient habitation, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such public places as numbers appropriate to need as specified by state regulations.

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 state regulations. (Ord. 828 § 4, 1976)

7.12.070 Litter receptacles – Use restrictions.

Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have for disposal while passing along the street or other public places, and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business. (Ord. 828 § 5, 1976)

7.12.080 Litter receptacles – Damaging or defacing prohibited.

It is unlawful for any person to willfully damage or deface any litter receptacle. (Ord. 828 § 6, 1976)

7.12.090 Litter receptacles – Responsibility for removal of material deposited.

It shall be the responsibility of the local municipality, other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, beaches, campgrounds, and other public places. (Ord. 828 § 7, 1976)

7.12.100 Litter bags mandatory in vehicles and watercraft.

The owner and person in possession of all vehicles or watercraft shall keep a litter bag in said vehicle or watercraft at all times. (Ord. 828 § 8, 1976)

7.12.110 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 or 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. 828 § 9, 1976)

7.12.120 Throwing or distributing handbills in public places prohibited – Exception.

No person shall throw or deposit any handbill upon any public place within the city; 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. (Ord. 828 § 10, 1976)

7.12.130 Depositing handbills on uninhabited or vacant property prohibited – Exceptions.

A. No person shall throw or deposit any handbill in or upon uninhabited or vacant private property.

B. 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 as defined herein, 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 private property. (Ord. 828 § 11, 1976)

7.12.140 Throwing litter from vehicles prohibited.

No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property. (Ord. 828 § 12, 1976)

7.12.150 Dropping materials from vehicles – Prohibited when – Owner cleanup duty.

A. 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 public authority having jurisdiction for the same or by persons under contract or other authorization by such public authority.

B. 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 street, shall immediately cause such public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 828 § 13, 1976)

7.12.160 Enforcement officers and procedures.

Enforcement of this chapter may be by any police officer and other persons designated by the mayor. 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 persons charged. (Ord. 828 § 14, 1976)

7.12.170 Violation – Penalty.

Any conduct by any person violating any of the provisions of this chapter is unlawful and any person convicted of a violation of this chapter shall be fined only and in an amount not to exceed $250.00. (Ord. 828 § 18, 1976)

7.12.180 Severability.

If any section, word or words of this chapter is found to be unconstitutional or otherwise invalid, such unconstitutionality shall not affect the remaining portions of this chapter. (Ord. 828 § 16, 1976)