Chapter 8.08 LITTER

The purpose of this chapter is to accomplish litter control in the city and, pursuant to the general laws of the state of Washington to adopt basically uniform and coordinated litter control local legislation throughout the state. This chapter is intended to place upon all persons within the city, in a cooperative and coordinated state-wide effort, the duty of contributing to the public cleanliness of the city and appearance 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 the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial and noncommercial handbills. (Ord. 73-13 § 21, 1973)

8.08.020 Definitions.

As used in this chapter, 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 always mandatory and not merely directory.

A. “City” means the city of Poulsbo, Washington.

B. “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, excluding newspapers:

1. Which advertises for sale any merchandise, product, commodity or thing; or

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

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 clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of them 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; provided, that nothing contained in this clause 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 the 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.

C. “Highway,” for the purposes of this chapter, is synonymous with and includes street, road and alley.

D. “Litter” means all solid wastes including, but not limited to, containers, packages, wrapping, printed matter or other material thrown or deposited as prohibited in this chapter, 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” is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department 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; and in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

H. “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 in subsections B and G of this section.

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

J. “Person” is any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association or other entity, whatsoever.

K. “Private residence” means any privately owned yard, grounds, walk, driveway, dwelling, house, building or other structure, including appurtenant porches, steps or vestibules, used or designed either wholly or in part for private residential purposes, whether single-family, duplex or multifamily, and whether inhabited or temporarily or continuously uninhabited or vacant.

L. “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.

M. “Road,” for the purpose of this chapter, is synonymous with and includes street, highway and alley.

N. “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.

O. “State regulations” means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to RCW Chapter 34.04 and codified or prepared for codification as part of the Washington Administrative Code, copies of the applicable portions of which are attached to the ordinance codified in this chapter as Exhibit A, a copy of which is on file in the office of the city clerk, and by this reference are incorporated in this chapter as if set forth in full.

P. “Street,” for the purpose of this chapter, is synonymous with and includes, road, highway and alley.

Q. “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 rails or tracks.

R. “Watercraft” means any boat, ship, vessel, barge or other floating craft. (Ord. 73-13 § 2, 1973)

8.08.030 Disposal—Prohibited where.

A. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, alley, sidewalk or any other public place in the city or upon a private residence or other private property not owned by him, or in any waters within the jurisdiction of the city, whether from a vehicle or otherwise, except as set out in Section 8.08.040.

B. Any person violating the provisions of this section or of Section 8.08.040 is guilty of a misdemeanor and the fine or bail forfeiture for such violation shall not be less than ten dollars for each offense and, in addition thereto, in the sound discretion of the court, such person may be directed by the court to pick up and remove from any public place or any private residence or other property, with permission of the legal owner or other person having legal possession, upon which it is established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (Ord. 73-13 § 3(3) (part), 1973)

8.08.040 Disposal—Permitted when.

Disposal of litter is permitted in these instances:

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

B. 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 the public place, private residence or other private property; or

C. When the 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 the property, or unless the act is done under the personal direction of the owner or tenant, and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (Ord. 73-13 § 3(1), (2), (3) (part), 1973)

8.08.050 Receptacles—In parks.

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 in numbers appropriate to need as specified by state regulation. (Ord. 73-13 § 4(1), 1973)

8.08.060 Receptacles—Maintenance.

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. 73-13 § 4(2), 1973)

8.08.070 Receptacles—Penalty for violation.

Any person who fails to place such litter receptacles on the premises in the numbers and design required by state regulation, violating the provisions of Sections 8.08.050 and 8.08.060, shall be subject to a fine of ten dollars for each day of violation. (Ord. 73-13 § 4(3), 1973)

8.08.080 Receptacles—Manner of placement.

Persons placing litter in litter receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private residence or other private property. (Ord. 73-13 § 5(1), 1973)

8.08.090 Receptacles—Exclusive use.

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. 73-13 § 5(2), 1973)

8.08.100 Receptacles—Damage.

A. It is unlawful for any person to wilfully damage or deface any litter receptacle of another person.

B. Upon conviction for such violation, the violator is subject to a fine of one hundred dollars for each such violation. (Ord. 73-13 § 6, 1973)

8.08.110 Receptacles—Removal of litter.

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. 73-13 § 7, 1973)

8.08.130 Sweeping into gutters from private property.

No person shall sweep into or deposit in any gutter, street, alley or other 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. 73-13 § 9, 1973)

8.08.140 Sweeping into gutters from businesses.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street 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 places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 73-13 § 10, 1973)

8.08.150 Maintenance of residences.

The owner or person in control of any private residence or other private property shall, at all times, maintain the premises free of litter. (Ord. 73-13 § 11, 1973)

8.08.160 Handbills—Throwing on public place.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it is not 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 noncommercial handbill to any person willing to accept it. (Ord. 73-13 § 12, 1973)

8.08.170 Handbills—Throwing in or upon vehicle.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 73-13 § 13, 1973)

8.08.180 Handbills—Uninhabited residences.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private residence or other private property which is temporarily or continuously uninhabited or vacant. (Ord. 73-13 § 14, 1973)

8.08.190 Handbills—No trespassing signs.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private residence or other private property, if requested by anyone thereon not to do so, or if there is placed on the residence or property 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 matter that the occupants of the residence or property do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon the premises. (Ord. 73-13 § 15, 1973)

8.08.200 Handbills—Inhabited residences.

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private residence which is inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon the private residence; provided, however, that in case of inhabited private residence which is not posted as provided in this chapter, such person unless requested by anyone upon the residence not to do so, may place or deposit any such handbill in or upon the inhabited private residence, if such handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the residence or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. (Ord. 73-13 § 16 (part), 1973)

8.08.210 Handbills—Mail excepted.

The provisions of Section 8.08.200 do not apply to the distribution of mail by the United States, nor to newspapers (as defined in Section 8.08.020), 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 street, sidewalk or other public place or upon private residences or other private property. (Ord. 73-13 § 16 (a), 1973)

8.08.220 Vehicles—Throwing prohibited.

No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any street or other public place or upon any private residence or private property. (Ord. 73-13 § 17, 1973)

8.08.230 Vehicles—Prevention of leakage of loads.

No vehicle shall be driven or moved on any public street unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand or 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 the roadway by public authority having jurisdiction for it or by persons under contract or other authorization by such public authority. (Ord. 73-13 § 18(1), 1973)

8.08.240 Vehicles—Disposal of fallen glass.

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 the public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 73-13 § 18(2), 1973)

8.08.260 Duty of building department.

The building department shall not approve occupancy of any building, structure or other improvement for new construction or modification to any existing building, structure or other improvement for which a building permit is required, nor give final inspection approval to any such building, structure or other improvement, until litter receptacles as required in this chapter have been set in place on the subject property. In the event violations of this chapter are found, members of the building department are authorized to issue citations and other legal process authorized in this chapter, as in the case of police and other law enforcement personnel. (Ord. 73-13 § 19(2), 1973)

8.08.270 Enforcement.

Enforcement of this chapter may be by any police officer or other law enforcement officer, fire department and building department personnel, jurisdictional health department personnel and those public employees charged with the responsibility of operating and maintaining all public places within the provisions of this chapter. All such enforcement officers are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this chapter. The 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 person charged. Nothing herein shall be construed to prohibit citizens’ complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance or court rule. (Ord. 73-13 § 20, 1973)