HomeMy WebLinkAbout1857 Anti-Litter CodeORDINANCE NO. ~7
AN ORDINANCE CREATING AN
ANTI-LITTER CODE.
WHEREAS, the adoption of this ordinance is necessary .to
promQte the public health, safety and welfare,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, DO ORDAIN AS
FOLLOWS:
Section 1. Definitions. For the purposes of this ordinance,
the following terms, phrases and words, shall have the meanings
given in this section.
"Authorized litter receptacle" means a litter storage
and/or collection receptacle as defined or required
by this chapter as now enacted or hereafter amended.
"Handbill" means any printed or written matter, any
sample, circular, leaflet, pamphle%, paper, booklet, or
any other printed or otherwise reproduced original or
copy of any matter of literature, political or non-
political, excepting legal notices.
"Litter" means garbage, refuse, and rubbish,
as defined in ordinances of the City, animal excrement,
and in addition all other waste material which, if thrown
or deposited as prohibited in this chapter, tends to
create a public nuisance.
Litter receptacle" means a container for the disposal of
litter of not more than sixty gallon capacity; provided that
garbage containers or other waste containers serving
single-family or multifamily residences are not included
in this definition.
"Private property" means any realty not held out for the
use by the pubt[c~ whether owned or operated by public
or private interests, whether inhabited or uninhabited.
"Public place" means any area that is used or held out
for use by the public whether owned or operated by public
· " for purposes
or private interests "Public place,
of compliance with the provisions of this chapter regarding
placement of litter receptables in the number specified,
shall not include indoor areas. An indoor area shall be
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construed to mean any enclosed area covered with
a roof and protected from moisture and wind.
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"Carry-out food and beverage" means that food which is
ready for consumption and is contained in throwaway
wrappings or receptacles.
Section 2. Prohibited Conduct:
Deposit in public places. No person shall throw or deposit
litter in or upon any street, sidewalk, or other public
place within the City except in litter receptacles or in
official county transfer stations.
Deposit on private property. No person shall throw or
deposit litter on any private property within the City,
whether owned by such person or not, in such a manner
that litter will be carried or deposited by the elements
onto any street, sidewalk, or other public place or onto
any other private property.
Deposit in parks. No person shall throw or ~gSi~ litter in
any park within the City except in litter rec~eptacles and in
such a manner that the litter will be prevented from being
carried or deposited by the elements onto any part of the
park or into any street or other public place. Where litter
receptacles are not provided, all such litter shall be
carried away and properly disposed of elsewhere as provided
in this chapter.
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Deposit in water. No person shall throw or deposit litter in
any fountain, pond, lake, stream, bay or any other body of
water in a park or elsewhere within the City.
Throwing from vehicles. No person, while a driver or
passenger in a vehicle, shall throw or deposit litter upon
any street<or other public place or upon private property
within the City.
Litter from vehicle. No person shall drive or move any
vehicle within the City unless such vehicle is so constructed
or loaded as to prevent any load, contents or litter from
being blown or deposited upon any street, alley or other
public place or private property.
Any person owning or operating a vehicle from which any
litter has fallen or escaped, which would constitute an
obstruction or damage to a vehicle or otherwise endanger
travel upon such public street shall immediately cause such
public street to be cleaned of all such litter or other
objects and shall pay any cost thereof.
~ersor~owning or occupying any real property withi~.'~t~h~ ~ity
shall keep the sidewalk in front of or adjacent to said property
free of litter.
Dropping litter or handbills from aircraft. No person in an
aircraft shall throw out, drop or deposit within the City any
litter, handbill or any other object.
I. Handbills -- Prohibited placement.
Handbills posted. In the case of posted handbills, any person
so posting a handbill is hereby required to remove the same
upon the expiration of its purpose.
2. Handbills -- Placing on vehicles. No person shall throw or
~eposit any handbill in or upon any vehicle.
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Handbills -- Deposit on vacant property. No person shall throw,
deposit post or distribute any handbill in or upon any private
property which is temporarily or continously uninhabited or
vacant.
Handbills -- Distribution on posted premises. No person shall
throw, deposit, post or distribute any handbill upon any private
property if requested by the owner or person in control of such
property to refrain from doing so or if there is placed on the
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 manner
that the occupants of the premises do not desire to have any such
handbills left upon such premises. Provided, however, that in
case of inhabited private premises which are not posted as
provided in this section, such person, unless requested by
anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, in
such a manner as to prevent such handbill from being blown or
drifted about such premises or sidewalks, streets, or other public
places.
Section 3. Property owner's duty to keep premises litter-free. The
owner, occupant or person in control of any public place shall at all times maintain
the premises free of litter; provided, however, that this section shall not pro-
hibit: the storage of litter in private litter receptacles for collection or
disposal; the maintenance of compost piles contained within a physical structure;
and the temporary storage of building, construction, landscaping and similar
materials.
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Section 4. Placement in litter receptacles. Persons placing
litter in litter 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. Responsibility to procure and place receptacles.
Any person owning or operating any private property or public place, in
which litter receptacles are required by this chapter, shall procure,
place, and maintain such receptacles on the premises at his or her own
expense in accordance with the provisions of this chapter.
Section 6. Authorized Litter Receptacles -- Minimum standards.
Litter receptacles procured and placed in public places as required
by this chapter shall meet the following minimum standards:
A. General Specifications.
The body of each litter receptacle shall be constructed
of a minimum of twenty-four gauge galvanized steel or
other material of equivalent strength that will, with
normal wear and tear, reasonably resist corrosion and
acts of vandalism.
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Ail outside edges of each litter receptacle shall be
rounded.
Openings in covered litter receptacles shall be
readily identifiable and readily accessible for the
deposit of litter.
Construction and general configuration of litter
receptacles shall be in conformance with all pertinent
laws, ordinances, resolutions, or regulations pertaining
to fire, safety, public health or welfare.
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No commercial advertisement shall be placed on any
litter receptacle. However, the person owning any
receptacle may place a single line on the receptacle
identifying the ownership, and a single credit line
designating any donor of the litter receptacle other
than the owner may also be placed' -on the the receptacle
provided that the lettering does not exceed the size
specified for the words "Deposit Litter", and does not
interfere with or distract from the prominence of the
anti-litter symbol.
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Mainte~. Compliance with the minimum standards set
forth in this section shall include proper upkeep,
maintenance, repair or replacement of litter receptacles
sufficient to permit such receptacles to serve the
functions for which they were designed and to prevent the
appearance of such receptacles from becoming unsig~tly.
Ail litter receptacles are to be braced or supported in
such a manner that dogs or other animals cannot enter or
tip or tilt the same or empty any of the contents thereof.
Section 7. Receptacles -- Placements required.
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Litter receptacles meeting the standards established by this
chapter shall be placed in the following public and private
places in the City:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Parks;
Campgrounds;
Trailer park facilities for transient habitation;
Drive-in restaurants;
Gasoline service stations;
Tavern parking lots;
Shopping centers;
Grocery store parking lots;
Marinas;
Boat launching areas;
Boat moorage and fueling stations;
Public and private piers;
Beaches and bathing areas;
Outdoor parking lots, other than those specifically
designated in this section, having a capacity of more
than fifty automobiles;
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15. Fairgrounds;
16. Schoolgrounds;
17. Racetracks;
18. Sporting event sites;
19.
Sites for carnivals, festivals, circuses, shows, or
events of any kind to which the public is invited;
20. Restaurants selling 'carry out' food and beverages.
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Litter receptacles need only be placed in the public
and private places designated in subsection A of this section
during times that such places are open to the public.
Placement of litter receptacles shall be in conformance with
laws, ordinances, resolutions, and regulations pertaining to
fire, safety, public health or welfare.
Section 8. Litter receptacles -- Prohibited acts.
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No person shall damage, deface, abuse, or misuse any litter
receptabcle not owned by such person so as to interfere with
its proper funtion or to ~tract from its proper appearance.
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No person shall deposit leaves, clippings, prunings, or
gardening refuse in any litter receptacle not owned by such
person.
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No person shall deposit household garbage in any litter
receptacle; provided that this subsection shall not be
construed to mean that wastes of food consumed on the
premises at any public place may not be deposited in litter
receptacles.
Section 9. Presumption of Responsibility.
A person is presumed to be responsible for illegally depositing
litter by the discovery of three or more pieces of litter within
such illegally deposited litter which are identifiable to such
person by means of a name, address, or other mark of identification
contained on such items.
Section 10. 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 ORDINANCE.
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2. The building department shall not approve occupancy of any
building, structure or other improvement for new construction of
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.
Section 11. Business places.
Persons owning or occupying places of business within the CITY
shall keep the sidewalk in front of their business premisess free of
LITTER.
Section 12. Violation.
Each day of violation of or failure to comply with this ordinance
shall be considered a separate offense.
Section 13. Interpretation.
In the event any other CITY ordinance, whether or not codified,
is oin conflict with any of the terms of this ordinance the more strigent
shall be construed as applicable.
Section 14. This ordinance shall take effect upon its passage,
approval and publicationw as provided by law.
Read three times and passed on
Attest:
BA~EY McCLURE Mayor
Approved~_~s to Fo~m:
y AttOrney
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