Chapter 5.12 UNIFORM LITTER CONTROL CODE

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 statewide 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. 701 § 21, 1972)

5.12.030 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 always mandatory and not merely directory.

(1) “City” means the city of Sumas, Washington.

(2) “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:

(a) Which advertises for sale any merchandise, product, commodity, or thing; or

(b) 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

(c) 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 the same 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 such license is or may be required by any law of this state, or under any ordinance of this city; or

(d) 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.

(3) “Highway” for the purpose of this chapter is synonymous with and includes street, road and alley.

(4) “Litter” as used in this chapter means and includes refuse, rubbish, garbage and all other waste materials of every kind and description.

(5) “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.

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

(7) “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.

(8) “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 aforesaid definitions of a commercial handbill or newspaper.

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

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

(11) “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 multiple, and whether inhabited or temporarily or continuously uninhabited or vacant.

(12) “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.

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

(14) “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.

(15) “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, copies of the applicable portions of which by this reference are incorporated herein as if set forth in full.

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

(17) “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.

(18) “Watercraft” means any boat, ship, vessel, barge, or other floating craft. (Ord. 1128 § 1, 1994; Ord. 701 § 2, 1972)

5.12.040 Littering prohibited—Exceptions—Penalty.

No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, alley, sidewalk, surface waters or any other public or private property within the Sumas city limits 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 the 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, private residence or other 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 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. 1128 §§ 2, 3, 1994; Ord. 701 § 3, 1972)

5.12.050 Receptacles—Placement.

(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 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 state regulations. (Ord. 1128 § 4, 1994; Ord. 701 § 4, 1972)

5.12.060 Receptacles—Use.

(a) 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.

(b) 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. 701 § 5, 1972)

5.12.070 Receptacles—Damaging unlawful.

It is unlawful for any person to wilfully damage or deface any litter receptacle of another person. (Ord. 1128 § 5, 1994; Ord. 701 § 6, 1972)

5.12.075 Receptacles to be maintained in clean and sanitary condition.

Every person who owns, controls, possesses, transports, or maintains any litter receptacle or other container utilized for the deposit or transportation of litter shall maintain such receptacle or container in a clean and sanitary fashion and in a manner so that such receptacle or container is not noxious, putrid, foul, offensive or malodorous and so that it is securely protected from flies, rats, birds or other animals and all contents, including liquids, are contained therein and nonleaking. (Ord. 1388 § 1, 2004)

5.12.080 Removal of litter from public places.

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. 701 § 7, 1972)

5.12.090 Vehicle or watercraft—Litter bag required.

The owner and person in possession of all vehicles or watercraft shall keep and use a litter bag in the vehicle or watercraft at all times which litter bag shall be maintained in such vehicle or watercraft in a place in which the same may be viewed from the outside of such vehicle or watercraft whether or not the vehicle or watercraft is locked or otherwise secured from entry. (Ord. 701 § 8, 1972)

5.12.100 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. 701 § 9, 1972)

5.12.110 Merchants’ duty to keep sidewalks free of litter.

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. 701 § 10, 1972)

5.12.120 Owner to maintain premises free of litter.

The owner or person in control of any private residence or other private property shall at all times maintain the premises free of litter.

When improved real property within the city is occupied, the property owner and/or any person authorized to occupy said property, such as a tenant or lessee, shall be rebuttably presumed to be in violation of this chapter for the unlawful accumulation of litter on the owner’s property if the owner, or authorized occupier of the property, fails, for any reason, to have his garbage picked up by the city sanitary garbage service continuously for more than one month. (Ord. 1128 § 6, 1994; Ord. 701 § 11, 1972)

5.12.130 Commercial and noncommercial handbills—Throwing or distributing in public places.

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. 701 § 12, 1972)

5.12.140 Commercial and noncommercial handbills—Placing on vehicles.

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. 701 § 13, 1972)

5.12.150 Commercial and noncommercial handbills—Depositing on uninhabited or vacant property.

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. 701 § 14, 1972)

5.12.160 Commercial and noncommercial handbills—Distribution prohibited when requested or posted.

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 said 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 said residence or property do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 701 § 15, 1972)

5.12.170 Commercial and noncommercial handbills—Distributing at inhabited private 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 such 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 such residence not to do so, may place or deposit any such handbill in or upon such inhabited private residence, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such 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.

(a) 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 street, sidewalk or other public place or upon private residences or other private property. (Ord. 701 § 16, 1972)

5.12.180 Throwing litter from vehicles.

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. 701 § 17, 1972)

5.12.190 Vehicle loading.

(1) 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 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 such roadway by 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 street shall immediately cause said public street to be cleaned of all such glass or other objects and shall pay any cost therefore. (Ord. 701 § 18, 1972)

5.12.200 City inspections for litter receptacles.

(1) At such times as the fire department or other local fire control agency makes routine or other fire inspections within the city, it shall also be the duty of the fire department to inspect all such inspected premises to assure compliance with the requirements for placing and maintaining litter receptacles as required by this chapter. In the event violations of this chapter are found, members of the fire department are authorized to issue citations and the other legal process authorized in this chapter as in the case of police and other law enforcement personnel.

(2) 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 herein required 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. 701 § 19, 1972)

5.12.210 Enforcement officers and procedures.

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 civil infraction citations to persons violating the provisions of this chapter. Said enforcement officers may serve and execute all citations, and other process issued by the courts. In addition, mailing by registered mail of such 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 as may be otherwise permitted under applicable state regulations, state statutes, ordinance, or court rule. (Ord. 1128 § 7, 1994: Ord. 701 § 20, 1972)

5.12.220 Investigation.

Where for any reason there has been no garbage pickup, as specified in Section 5.12.120 continuously for more than one month, thereby creating a rebuttable presumption of violation of this chapter, the city shall have the right to enter upon the subject real property without a warrant at all reasonable times for the purposes of determining and investigating whether or not there has been a violation of this code. (Ord. 1128 § 9, 1994)

5.12.230 Abatement by city—Notice—Costs and charges.

If, within three days after receiving notice in writing from the city for the abatement of any nuisance detrimental to health or for the removal of litter or other offensive materials mentioned in this chapter, signed by the chief of police, and the person owning, occupying or controlling such premises shall fail, neglect or refuse to remove the same, such nuisance may be removed, abated or corrected by order of the chief of police, and the person on whom such notice for removal of the same was served, in addition to incurring penalties provided in this chapter, shall become indebted to the city for the damages, costs and charges incurred by the city in removal of and/or abatement of such nuisances. Such costs and charges may be recovered by civil action brought by the city against the person so served with such notice. (Ord. 1306 § 1, 2000: Ord. 1128 § 10, 1994: Ord. 701 § 24, 1972)

5.12.235 Violation—Penalty.

It is unlawful to violate any provisions of this chapter.

In addition to the cost of abatement, any persons violating any portions of this chapter shall be deemed to have committed a civil infraction and shall be fined not less than two hundred fifty dollars nor more than one thousand dollars per violation.

Every person violating this chapter three or more times within any five-year period shall be guilty of a gross misdemeanor and accordingly punished as such.

A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

In addition to the penalties as provided for in this chapter, any violator of this chapter in the sound discretion of the court in which the violation is heard, may be directed by the court 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 deposit ed thereon by anyone prior to the date of execution of the sentence. (Ord. 1306 § 2, 2000)

5.12.240 Conflicts with other provisions.

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. 1128 § 8, 1994; Ord. 701 § 23, 1972)