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ORD 66-09 LITTERING4 CRDIN®Nt~ NUJ. 66 - 9 ~ ~`_~ ~ AN ORDTNUNCE PROHIBITING T1dE TR'R(~ING fJ~t DEP'~ITIld(i ~ LIT`ITY~ IN ~ PUBIC PIACSS IN THE TO~fN OF 11[IPtSS,t'~f, RFGUTATING T3~iE DISTRIBUTION C&' j Cf~MERC?AL AAID NQN-Cf~RCT1I~<3~'ANDBILLS; CE~iTROI.LING TSiE DEPfl6ITTAlG CF LIT'18R ON AGNATE Pfti E~NtISES PROUlDII~ A LIEN. FOR CITY CIF~ARANCE; AND PROSCRIBING PENALTIES Ff~t TBE VtOL~TION f?F' ITS PROVISIONS. BE IT ORDAINID BY~ THE COUNCIL C~ THE Tf7@YN ~ ~(fINSLfJlllf, WASHII~TdN, AS FOLLt7YfS: SECTION 1: STdORT TITIE. This Ordinance shall be lrnown and nay be cited as th "Ae i~'bsloa- Anti-Litter Ordinance." SECTION 2': I~IlVITIONS. For the purposes of this Ordinance the following erns, phrases, words, and their derivations. shall have the Weaning given, hereixt. lifhen not inconsistent xi.th the context, words used in the present tense include the future, words used in the plural number include the s~ular. number, and words used in the sigular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "Aircraft" is any contrivance nc~vr known or hereafter invented, used or designated for navigation or for flight in the air. The word "air- ' craft" shall include helicopters and lighter-then-air dirigibles and balloobs. ~~) "Authorized private receptacle" is a litter storage and co].]sction receptacle. (3) "City" is the Town of Winslow, Washington. (1~.) "Commercial Handbills is-any printed or written natter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherrri.se reproduced original or copies of any natter of literatare: (a) Which advertises for sale any merchandise, ~oduct, con~nodity, or thing; or (b) ~Ihich 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 (e} ~ihich directs attention to or advinetises any meeting, theatrical performance, exhibition, or event of any kS.nd, for which an adni.ssioffi fee is charged for the purpose of private gain or profit; but the terns of this clause ;__\ shall not apply where an admission fee is charged or a collections ie taken up for the purpose of defraying the. expenses incident ~ such meeti~ag, theatrical performance, exhibition, or event of any kiand, when either of the sane is held, ~- gives or takes place in connection with the disseni.nation of informtion which is not restricted under the ordinary rules of decency, good morals, public peaces, safety and good order; Provided that nothing contained in this clause sha71 be deemed to authorize the holding, giving or tal~3.ng place of ar3y meeting, theatrical performance, exhibition, or avast of any kind, without a license, where such a license is or nay be required. by ax~y law of this State or under any ordinance of this City; (d} ~ihich, while containixig reading matter other than advertising matter, is predominairtly and essentially an advertisement, and is distributed or ciculated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. (5) "Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparation, cook3.Mg and consumption of food. (6) "Litter" is "garbage", "refuse", and "rubbish„ as defined herein and all other waste material wha.ch, if throraa or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. --~ ~.~~-tea ~, ,.. t?rd. No. 6b -- 9 ..2.. (7) `' Nexspapern is any ~ae~spaper of general circulation as defirded by general lair, any newspaper duly entered with the Post Office Department of the United States, in accordance vith Federal statute or regulation, and. any newspaper filed and recorded with any. recording officer as provided by general 1aw'; and, in addition thereto, shall Wean and include arty periodical or current regularly published with mot less than four issues per year, aMd sold to the public. (8) "Nos-~oaffiercial I~IandbilT" is ar~y printed or written natter, arty sample, or device, dodger, circular, leaflet, pamphlet, neWSpaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any natter of literature not included i.ri the aforesaid definitions of a co~maercial handbill or newspaper. (qj "Parka is a park, reservation, playground, beach, recreation center or any other.publi.c area in the City, owned or used by the City and devoted to active or passive recreation. (lOj aPersona is any person, fire, partnership, association, corporation, company or organization of any kind. (11) aPrivate Premisesa is any dwelling, house, building, or other stx-actiare, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabitated or vacant, and shall include any yard, grounds, wal]c, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwrelT.ing, house, build- ing, or other structure. (12) apublic Pla,aea is any and all streets, sidewalk~a, bou~.evards, alleys or other_publi.c ways and any and all public parks; squares;,~~"6unds, and buildings. (],3j aRefusea is all. putrescible and nosputrescible solid wastes (except body_wastesj, 3.ncludi~ag garbage, rubbish, ashes, street cleanings, dead animals, abandoned iutonobiles, and solid market and industrial wastes. (11.~.j a~ti~bbishw is non putrescible solid wastes consisting of both combustibU and..aon-combustible 'wastes, such as paper, 'wz'appin.gs, cigarettes.; cardboard., tin cans, yard clippings, leaves, Rood, glass, bedding, crockery and similar materials. (~) ag'ehiclea is every device in, upon, or by which any person or property is or may be transported or drawn upon a high~.y, including devices used exelusi.vely upon stationary rails or tracks. 3CCTIObi 3s IST~R IN' PtJBI,~C PIACES'. No person shall thrrnr or deposit litter in or`~upon arty streets sidewalk or other public place within the City except in public receptacles, in authorized private receptacles for eollecti~n, or in official City dumps. ACTION ~,s PIANT OF I,IT~R IN RECEPTACLES SO ~3 TO P14EVENT SCATTE~II'~.- rsous placing litter in public receptacles or in authorized ;_: -,.. ~-. private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. SECTION 5 s SN~EEPIA~ UTTER INTO GUTTERS PR.ONIBI'~ • No person shall sweep 3.Mto o dr`~eposit in ax~y gutter, street, or other public place within the City the accumulation of litter from any building or lot or from any public or' private sidewalk or driveway. Persons o~m3-m8 or occupying Property shall keep the sidewalk in front of their premises free of li.ttee. ~~ " O-td. No. f 6 - 9 -3- SECTION 6. ]~CHAIVTS~ DUTY TO IS~P 3 aTxc FRSE fF LITER. No persaa clrning or occappi~tg a place of business sha1,1 sweep iiato or `" deposit iu nay getter, street or other public pl~acm withi~t the City the accmaulatioa of litter from arm building or lot or frog any public or private sidewalk or driveway. persors~ otmi~; or occupying places of business uitho~`tl~e City shall. keep the sidewalk 3sr front of their business premises free of litter. BECTIOH T. LITTER T~C~A BY ~8R30~T~ IN STEkICI88. No person, trhile a driver or pa~seager iffi a vehicle, shall throng or c~epos3.t litter upon any street or other public place within the City, or upon private property. SECTION 8. TRt~E IAA CAIIRING LITTER. No person shall drive or n~ove any" ~T other vehicle ~wi.thia the :City ~ual.ess such vehicle is sa constructed or loaded as to prevea~t wry load, coateaats or litter iron being blpwa or deposited u~ any stree7t, alley or othea~ public plac®. Nor sha11, at~y person driver or nave eery vehicle or truck wi.thia the City, the wheel.a~ or tires of which carry onto or deposit in any street, alley'or other public place, mod, dirt, sticky substances, litter or foreign natter of any kind. SECTION 9. LITTF~R IN PAR&~. No person shall throw or deposit litter in nay p within the .City ecccept. in public receptacles: and i.n such a manner that the litter will be preve~ated from being carried or deposited by the elements upon any part of the park or upon any street or other public place. llhere public receptacles are not provided., all such litter shall be carried away from the park by the pea~son responsible for its presence. and properly disposed of else~ere as provided herein. ACTION lA. LITT~t IN 1'AI~ AMID FOUNTg No person shall throw or deposi~~t~a ~6' fountain, pond, .lake, .stream, bay or ar~y other body of water ixi a park or elsevrhere ~rlth3.a the City. SECTION ll. THR (1~ DISTRIBUTIA~# CO~RCSAL T~TANDBII,t3 IN PUBLIC PIr'~. No ~rsoa sba11 thro~r or deposit any com~ercial or aor~- conaercial handbill in or upon ar~y sidewalk, street, or other public place u3.thin the City. Nor shall any persons baud out or distribute or sell arty conYUercial ~aadbill is any public place. lrovS.ded, however, that it shall eat be unlawful on ar~y sidewalk, street, or other public place within the City for a person to baAd ont or distribute, without charge to the receiver thereof, any non-cosmercial handbill to air person w3.lling to accept it. SECTION 12. PLIICIl~r COI~RCIAL APID NON-CC~RCIAL 1~1ANDBILTS ON VEHICIES. No persoa shall throw or deposit amy comrercial or non-co~merci~al. ;, handb3.17. in or upon arty vehicle. Provided, however, that it shall not be Sul in any public place for a person to bead omt or distribute ai.thotirt charge to the receiver thereof, a n~oa-conaerc3.a1 handbill to any occupant of a vehicle who is wi173ng to accept it. SECTION 13 s 1~POSITIlaG COI~RCIAL AND NON-Cf~RC?AL Hd1~IDBILIS ON UNTNYABI'"4d~NT ISgS'• No person shall thrrnr or deposit any comercial.. or aomAeomnereial han~tbill is or upon any private premises~whieh are teanporarily or continuously uninhabited or vacant. SECTIC~bt l,l~a lRfl~tIBITTN(~ DISTRIBDTION OAF KAI+IDaILt,B 11LtEB8 2'RO?SR.LY POSTED. No persoa~row~ deposit. or distribute any commnercial or non-commercial ha~db3.11. upon any private. premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a coi~spicuous~ position near the entrance thereof, a sign bearing the words; nNo TrespassirrgN,aNo peddlers or Agents", wN'o Advertisement", or any similar notice, indicata.ug.in any matter that the oscupants of said. premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. G'~d. No. 66 - 9 "~" ;, • ;~CTIO~ s 1~I3Tl~hUTI~ COID~tCTAh L1~ID NON-CEi[I~tCLL YdNDBILL3 /[T ?1t1VATS ~FIdI~BS. No person shall throw, deposit or distr3.bute azay coamnercial or aoa-eosmerc3.a1. handbill. is or upon po•ivate presises~ uh3,ch are inhabited, except by handing or transmitting any each handbill directly tc> the cnraer, occapant, or other person then present in or upon such pr3.vate pren3.ses. provided, however, that is case of inhabited private premises w2~i.ch are not posted, as provided in this Ordinance, such person, anl.ess req>sested by ar,~roae apon such premises not to do so, stray place or deposit any:~aeh handbill in or apoa each inhabited private presi.ses, if each hsandbill is so placed or deposited as to seemee or prevent stitch hand- bill from being blcnnt or drifted shoat each premises or sidewalks, streets, or other p+sblic places, and except that s~ailboa©ss asy not be so need when so prohibited by Federal postal 1a~r or regr3lations. (a) ~?TION FCR YLIL 1lt+iD 1~i15tlA~tS. The provisions. of this: Section sh~11 not apply to the distribution of nail by the United States, War to newspapers (as defined herein) earcept that newspapers shall be placed on private property 3.a such a_na~er as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. SF;G'TIOIi 1(: Dlt022I~ LI7."1~![ F1ttCY iIltCltJ-F'P. No person 3.n an aircraft shall thronr oat, drop or deposit within the City aa~r litter, handbill or any other ob3ect. SgCTION ~,'~s ?OSTIl~Ia NOT7~a3 ?RAYIBITF~. xo person shall post or affYs any no ce, poster or other paper or device, calc>alated to attract the attentioh of the public, to any lamp post, pablic util.3.ty pole or shacla tree, or apon any pablie sts~uetare or buildtxg, eoccept as nay be authorized or required by law. SgGTS01~ 18s ~ ~ OCCU!'7ED !ltl~iTS ?~t023:ttTY. No person shall throw or ~ s.~ttar on any occupied.-private property within the City, whether awned by each person or Hots except that the onset or person i.a control of private property may naintaia authorized private receptacles for collection 3.n sack a Wanner that litter will be prevented from being carried ar deposited by the elements upon the street, sidewalY or other public place or apose asty private property. ~CTIOl~ 1.9 t Q~ T© ~~~ F~ ~ LITT~lt • The owner or person in. control of any private property shall at all tines atiainntain the premises free of litter. Trov3.ded, ho~ever, that dais Section shall not prohibit the storage of litter in authorized private receptacles for eallection. SBCTIO~i 20s LITT&!t ON V~CA)iT LOTS. Na person shall throw or deposit litter on asy open or vacant private property within the City wfasbae owned by each person or not. SBCTIO~T 2ls CI$LF.I~'i (~ LITTNN Fled OlSD1 ?lt,1VATB ?!t0?B1LTI BY CITY. ~~1. TO COVE. The ToRn; Ytaacaha]: is hereby author~.zed asud empowered to notify the owner of asgr open or vacant private property withiaa the City or the agent of srach owner to properly dispose of litter located on each owner's property which is dangero?~s to pebl.ie healtl~-, safety ar° wBltare. Such notice sha11 be by lLegistered ]tail, addressed to. said owner at his last lo€aown address. (b) i~CTION O?ON NOI~-Ct~I!'LL~Tf~. Upox the tom, ateglect or refusal of aa~y owner or agent so notified, to properly dispose of litter daageroas to the public health, safety or Welfare within tea (]A) days after receipt of written notice provided for in sab-section (a) above, or within ten (l0) days after the date of such notice in the event. the sane is retmrned to the City ?ost Office Department because of its inability to Hake delivery thereof, prov3.ded the sauce was properly addressed to the last known address,. of suck owner, or agent, the Toes Marshal., is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City. 'rY'` mow. ..~~ (c) Uxr~azD c~c~ To B~cc~: 1 L1B~t iGAINST T~ rz~s, ~a g~~iT CaNST LIEN. Uhere the fnl~. astiot~t due the Gity is not paid by Bch owner with3.a fifteen (15) days after the disposal of such litter, as provided for is subsections (a) and (b) above, they, and ~ that ease, the City sha11 cause to be recorded is ttae Office of the luditor of Rit®ap County, a s~rorn stateneat sht~r3.ng the cost and expense incurred for the Work, the date the work was done and the locat3.on of the property on which said work ~-as done. The recordation of such s~rora stataeeat shall. constitute alien and privilege on '~ ProP~ty~ anti shall re~nai.n is fhll force and effeforf collece amow~t~til ~ principal and interests plus costs of court, i.f any, , finial payraeat has been made. Said costs and exp eases shall be collected in the nar~ner fired by ]~nr~ Sworn stateseutts recorded in accordance w•I.th the provisions heroof shall be prima facie evidence that all legal formalities have been tom- plied with and that the cork has be~ea done properly and satisfactorily, and sha11 be 33u11 notice try every j person concerned that the amt of the statensnt, plus interest, constitutes a charge against the property designated or described in the statemext sad that the sane is due and collectible as prov~d4Dby lair. IpN ~~. lS~1'-LTZgS. lriy person vibZ~ating air of the prov3.s3.oas of .this pr'~i~-' a's~lall be deemed guilty of a nior and mpon conviction thereof shall be fined in an amount not e~cceeding Five ~Tundred dollars (~5f'f4.t70) or be imprisoned in the County Jail for a period not exceeding 3iz (6) months or be both so fined and imprisoned. Each day such violation is eo~ami.tted or permitted to continue shall constitute a separate offense and shall be p~ani.sh- able as such hereeinder. ~glpE ~~~ ~l~1~ttBII,ITY. If an3r section, subsection, sentence, 4yMpe, ase or portion of this Ordinaaae is for aaY reason held invalid or unconstitat3.oaal by any court of competent 3ur3.sdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not aff eet the va].t.dity of the remaining portions hereof . ACTION 2 s CttDIIDT+~N~S RB?FdIEO. l11 ordinances and parts of ordi.nanceE"~"o ct with the provisions of this Gtrdinance are hereby repealed. BZ TNg COUNCIL (~' TYS T(7Yi1Id CF ~t3Lt~, 1fi.SIIIbTGTCET, 1rID 01'lRa9ED By ITS y(h74E at a regular nesting n the 6th day of Jw~e, 1966. t ' 1 S C)~ : or f r /~ Clerk s,.,~