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HomeMy WebLinkAbout3250 AN ORDINANCE prescribing design and placement for litter receptacles; prohibiting damaging litter receptacles; providing for litter re- moval and mandatory litter bags; regulating litter control in public places, sidewalks, streets and private residences and property; regulating the distribution of handbills; pro- hibiting throwing of litter from vehicles, watercraft and aircraft; providing for city inspections for litter control eompliance and receptacles; prescribing enforcement officials and procedures; generally regulating and pro- hibiting litter; and providing penalties. THE CITY OF BREMERTON DOES ORDAIN: SECTION ONE. SHORT TITLE: This Ordinance shall be known and may be commonly referred to as the ~Uniform Litter Con- trol Code." SECTION TWO. DEFINITIONS: As used in this uniform lit- ter control code, unless ~he context clearly indicates otherwise, the following terms h~ve 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. (1) "City" means the city of Br~merton, Washington. (2) "Handbill" is 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 anyi.kind. (3) '!Highway" for the purPose of this ordinance is syn- onymous with and includes STREET, ROAD and alley. (4) "Litter" means all solid wastes including but not limited to c~ntainers, 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. (5) "Litter bag" means a bag, sack, or o~her container made of any material which is large enough to serve as a receptacle 1 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 circula- tion as defined by general law. (8) "Park" is a park, reservation, playground, beach, recreation center or any other area in the CITY, devoted to active or passive outdoor recreation. (9) "Person" is any individual, industry, public or private corporation, co-partnership, association, firm, or other entity, whatsoever. (10) "Private property" shall mean any property not publicly owned or held out for use by the public. (11) "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. (12) "Solid waste" means all putriscible and nonputriscible solid and semisolid wastes including garbage, rubbish, ashes, indus- trial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. (13) "State regulations" means the regulations duly pro- mulgated 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. (14) "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. (15) "Watercraft" means any boat, ship, vessel, barge, or other floating craft. 2 SECTION THREE. LITTER IN~..~GENERAL: No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any pub- lic place in the city or upon any private property not owned by him, or in any waters within the ~urisdiction of the city whether from a vehicle or o~herwise 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 pri~ate 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 and provided said litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. Penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor and in addition to or in lieu of any other penalty, such PERSON, may in the sound discretion of the court, be directed, by the court bo pick up~.~and remove from any PUBLIC PLACE or any private property, with permission of the owner, or the PERSON in possession, of the property, upon which it is established that such person has deposited litter, any and all litter deposited thereon by anyone prior to the date of the execu- tion of sentence. SECTION FOUR. PLACEMENT OF LITTER RECEPTACLES: (1) 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 REGULATIONS. SECTION FIVE. USE OF RECEPTACLES: 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. SECTION SIX. DAMAGING RECEPTACLES: It shall be unlawful for any PERSON to willfully damage or deface any LITTER RECEPTACLE. SECTION SEVEN. REMOVAL OF LITTER: It shall be the re- sponsibility of the local municipality, other agency or PERSON owning or maintaining the same for the removal of LITTER from LITTER RE- CEPTACLES placed in PARKS, beaches, campgrounds, and other PUBLIC PLACES. SECTION EIGHT. MANDATORY LITTER BAGS: The owner and PERSON in possession of all VEHICLES or WATERCRAFT shall keep a LITTER BAG in said VEHICLE or WATERCRAFT at all times. SECTION NINE. SWEEPING LITTER INTO GUTTER PROHIBITED: No PERSON shall sweep into or deposit in auy 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. SECTION TEN. THROWING OR DISTRIBUTING HANDBILLS IN PUBLIC PLACES: 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. SECTION ELEVEN. DEPOSITING HANDBILLS ON UNINHABITED OR VACANT PROPERTY: No person shall throw~or deposit any handbill in or upon any uninhabited or vacant private property. 4 (a) Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United State 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. SECTION TWELVE. LITTER THROWN BY PERSONS IN VEHICLES: No PERSON, while a driver or passenger in a VEHICLE, shall throw or otherwise deposit LITTER upon any PUBLIC PLACE or upon any pri- vate property. SECTION THIRTEEN. VEHICLE LOADING: (1) No VEHICLE shall beck, driven or moved on any public STREET unless such VEHICLE is so constructed or loaded as to pre- vent 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 pub- lic 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 other- wise 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. SECTION FOURTEEN. ENFORCEMENT OFFICERS AND PROCEDURES: Enforcement of this ordinance may be by any police officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant, PERSONS violating the provisions of this ordinance. 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 PERSON charged. SECTION FIFTEEN. PU~OSE. The purpose of this ordinance is to accomplish LITTER control in the CITY. This ordinance is intended to place upon all PERSONS within the CITY, the duty of contributing to the public cleanliness of the CITY and appearance in order to promote the p~lic 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 ordinance to protect the people against the h~alth and safety menace and the expense incident to LITTERING. SECTION SIXTEEN. SEVERABILITY: If any section, word or words of this ordinance is found to be unconstitutional or other- wise invalid, such unconstitutionality or invalidity shall not affect the remaining portions of this ordinance. SECTION SE~NTEEN. INTE~TATION: In the event any other CITY ordinance, whether or not codified is in conflict with any of the terms of this ordinance the more stringent shall be construed as applicable. SECTION EIGHTEEN. PENALTIES: Any person who violates any of the provisions of this ordinance shall be guilty of a mis- demeanor, and shall be punished by ~sentence of not more than 90 days in the county jail or a fine of not more than $250.00, or both. APPROVED by th~ City Council on the first reading this /~day of ~ 1975. PASSED by the City Council of the City of Bremerton, signed by the Mayor and atte t by the City Clerk in authentication of such passage this ~~day of .~975. ATTEST: G. C. YF2?DON, SR.,rCi~ Clerk