HomeMy WebLinkAboutOrdinance 09-098-CCBOARD OF COUNTY COMMISSIONERS
County of Grant, State of Washington
ORDINANCE NO. 09- O % �CC
AN ORDINANCE AMENDING
CHAPTER 8.28 OF THE GRANT COUNTY CODE
WHEREAS, the Board of County Commissioners adopted by Gr�nt County Resolution No, 116517
a�1d Grant County Orditiance No. 828 (1974) for the puipose of creating and incorporatilig ch�pter
8.28 of the Grant County Code ("GCC"), the same commonly referred to and cited as the "uniform
litter control code."
WHEREAS, it is t11e desire of tlae Board of County Commissiollers to promote and improve the
health, welfare and sai�itatioi� of the county of; and
WHEI2EAS, tl�e Board of CoL�nty Cornmissioners have determined that it is in the best interests of
the county to anzend chapter 8.28 GCC pertaining to litter control.
NOW, THEREFORE, BE IT ORDAINED:
Section 1, Chapter 8.28 GCC adopted by Grant County Resolution No. 116517 and Grant
Cou�lty Ordi�la�ice No. 828 (1974), is amended as follows:
8.28.010 Short title.
This chapter sha�l be known and may be commonly referred to and cited as the "uniform litter control
code," (Ord. 828 § 1, 1974).
8.28.020 Deiinitions.
As used in this ui�ifonn litter control code, unless the context clearly indicates otherwise, the
following terms liave the following n�eanings, All words used i�i the present tense include the fittt�re
and past tense; all words in the plural number include the singular nunaber and all words in the
singular numUer include the plural number. The word "shall" is always inandatory and not merely
directory,
"Commercial ha��dUill" is ai�y printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, Uooklet, or any other printad or otherwise reproduced original or copies of
any matter of literatt�re, excluding newspapers:
(A) Which advertises for sale any merchandise, product, commodity, or thing; or
(B) Which directs attention to any business or rnercantile or commercial establishment, or other
activity, for the purpose of either directly or indirectly promoting the i�iterest thereof by sales; or
(C) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event
of any lcind, for wl�ich an admission fee is charged for the purpose of private gai�1 or profit; but the
ternls of tl�is clause shall not apply where an admission fee is charged or a collection is taken up for
the puipose of defiaying the expenses incidenti to such meeting, theatrical performance, exhiUition, or
event of any kind, when either of the same is held, given or takes place in connection with the
dissemination of infonnatioi� whicli is not restricted under the ordinaiy rules of decency, good
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morals, public peace, safety and good order; provided, that nothing contained in this clause shall be
deemed to authorize the holding, giving or talcing place of any meeting, theatrical performance,
exhiUition, or event of any lcind without a license, where such license is or may Ue required by any
law of this state, or tinder any ordinance of this county; or
(D) Wl�ich, while containing reading matter other than advertising matter, is predominantly and
essentially an advertisement, and is distributed or circulated for adve�-tising purposes, or Por the
private benefit and gain o� any person so engaged as advertiser or distriUutor.
"County" meai�s the county of Grant, Washington.
"Litter" nleans all solid wastes incli�ding but not limited to containers, packages, wrapping, printed
matter or other material tluown or deposited as herein prohiUited, but rlot including the wastes of the
primaiy proc�ss of mining, logging, sawmi11ii1g, farming or manufacturing.
"Litter bag" means a bag, sacic, or other contailier made of any material which is large enough to
serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily
limited to the state approved litter Uag but must be similar in size and capacity, having not less than
one quart mi�iimum capacity.
"Litter receptacle" meails tliose containers meeting minimuin requirernents of state regulations of the
State Department of Ecology.
"Newspapers" is any newspaper of gei�eral circulation as defined by general law, any newspaper duly
entered with the post office departmei�t of the United States, in accordance with federal statute or
regulation, a�id any newspaper filed and recorded with any recording officer as provided by general
law; aiid in additioia thereto, shall mean and include any periodical or cunent magazine regularly
published with not less than four issues per year, and sold to the public.
"Noncommercial handbill" is any printed or written rnatter, any sample, or device, dodger, circular,
leaflet, palnphlet, ilewspaper, magazine, paper, bool�let, or any other printed or otherwise reproduced
oiiginal or copies af ai�y matter of literature not included in the definitions of a"commercial
handbill" or "newspaper."
"Park" is a park, reservation, playground, beach, recreation center or any other area in the county,
devoted to active or passive outdoor recreation.
"Person" is any individual, political subdivisioii, government agency, municipality, industry, public
or private coiporatioi�, co-paxtnership, association, firnl or other entity, whatsoever,
"Premises" is a tract of parcel of land with or without habitaUle buildings,
"Private residezzce" means any privately owned yard, grounds, driveway, dwelling, house, building,
or other structure, including appui�tenant 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.
"ProUlem wastes" are bulky wastes, abandoned vehicles, construction and demolition wastes,
industrial wastes, manure, fly ash and such other solid waste that may talce special handling.
"Processing" is the operation of solid waste handing that convarts it into a useful product,
"PuUlic place" means any area that is used or held out for use by the public whether owned or
operated by public or private interests.
"Reclamation" is the disposal process i�i which there is hazzd and/or mechanical segregation of solid
waste for sale and reuse including salvage.
"Reclamation site" is a location used for the processing or the storage of reclaimed material,
"Road" for tlie purpose of this chapter is s}monymous with and includes "street," "highway" and
alley."
"Solid wastie" means all putrescible and nonputrescible solid and semisolid wastes including garUage,
ruUbish, aslies, industrial wastes, swill, demolition and construction wastes, abandoned vehiclas or
parts thereof, and discarded commodities.
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"Solid waste handling" means the storage, collection, transportation, treatment, utilization,
processing, and fii�al disposal of solid wastes. (RCW 70,95.030)
"State regulatioils" means the regulations duly promulgated and adopted by the State Department of
Ecology pursuant to RCW Chapter 34.04 and codi�ed or prepared for codification as part of the
Washington Administrative Code, copies of the applicaUle portions of which are attached to the
ordinaiice codified i�i this chapter as Exhibit "A" and by this reference are incorporated in this
chapter as if set forth ii� full.
"Vehicle" includes eveiy device capable of being moved upon a public road and in, upon, or by
which any person or property is or may be transported or drawn upon a public road, excepting
devices moved by human or animal power or used exclusively upon stationary rails or tracks.
"Watercraft" means ai�y boat, ship, vessel, barge, or other floating craft. (Ord. 828 § 2, 1974),
8.28,030 Litter regulations gener�lly.
(a) No person shall throw, drop, deposit, discard or otherwisa dispose of litter upon any road, alley,
or any other public place in the caunty or upon a private residence or other private property not
owned by him, or in any waters within the jurisdiction of the county whether from a vehicle or
otherwise except;
(1) When sucl� property is designated Uy the state or by any of its agencies or the county for the
disposal of garbage and refuse, and such person is autliorized Uy 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 prevei�ted fiom
Ueing carried aw�y or deposited by the elements upon any part of said puUlic place, private residence
or otiher private property; or
(3) When such psrson 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 perso�ial direction of said 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; or
(4) Where such property is permitted by the county planning commission and jurisdictional 1lealth
district for "Reclamatiion" purposes in which there is hand and/or mechanical segregation of solid
waste for sale and reuse including salvage. A reclamation site shall be located, designed, const�ucted,
operated and maintained so as to prevent the creation of a nuisance, and shall comply with all state
and local requirements including, but not limited to, if applicable, zoning, land use, fire protaction,
water pollution prevention, litter control prevention, air pollution prevention and esthetics.
(b) Penalty. Any person violating the provisioiis of this section shall be guilty of a misdemeanor and
tlle fine or bail forfeiture for such violation shall not be less than � tVvo hundred and �fty dollars
($250.00) dollars for each offense, and, in additioi� thereto, in the sound discretion of the court, such
person may Ue directed by the court to picic 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 such person has deposited litter,
any and all litter deposited thereon by anyone prior to the date of execution of sentence, (Ord. 828 §
3, 1974).
(c) Presumption. In anv action brou hg t to enforce the provisions of this section, the name or
desig;nation of identitv of the person appearin� on one or more separate pieces of litter shall be rp ima
facie evidence and raise a reUuttable presumption that the person has thrown, dropped, deposited, or
otherwise discarded litter in violation of this section.
(d) Reward, Pursuant to RCW 10,85, et se�., a reward, not to exceed the amount of two hundred and
�ftv dollars (,�250,OO�may be paid to an,v berson who oUseives indiscriminate dumping occurring
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and thereafter provides information which results in the conviction of a person or persons performing
the act of promiscuous dumping. PROVIDED: Any claims related to such reward which are
detern�ined to be in conflict shall be subject to provisions set forth in RCW 10.85.040.
(e) Restitution. Anv person convicted of violatin�provisions set forth herein shall be ordered b.�
court to pav restitution to the County of Grailt, State of Washington, in the amount of two hundred
and fiftv dollars .$250.00�.
8.28.040 Solid waste storage �nd handling.
The owner and/or occupant of any premises, business establishment or industry shall Ue responsiUle
for the safe, orderly and sanitary storage of all solid waste accumulated at that premises until it is
removed. Reclaimed materials, pending use or resale, shall Ue stored in such a manner as to prevent
vector problems and esthetic degradation, Unusable materials shall be properly stored and removed
frequently enough so as to prevent nuisances. (Ord. 828 § 4, 1974).
8.28.050 Placement of litter receptacles.
(a) Litter receptacles shall Ue placed in all parks, trailer parks in respect to the service of transient
habitation, gasoliile service stations, tavern parking lots, shopping centers, grocery store parlcing lots,
marinas, boat launching areas, beaches, bathing areas and other such public places in numbers
appropriate to need as specified by state regulations,
(U) It shall be responsiUility 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.
(c) Fenalty, Any person wha fails to place such litter receptacles on the �rernises in the nu�nbers a�� ,
design required by state regulation, violating the provisions of this section, shall be subject to a fine
of ten dollars for each day af violation. (Ord. 828 § 5, 1974).
8.28.060 Use af receptacles. �
(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 road, or other public place or upon any private
residence or other private property.
(b) Litter receptacles placed on public places shall be used only for such material as persons rnay
have for disposal while passing by public places and in no event shall Ue used for the disposal of
other solid waste accurnulated in residences or places of business. (Ord. 828 § 6, 1974).
8.28.070 D�maging receptacles.
(a) It is unlawful for any person to willfiilly damage or deface any litter receptacle of another person.
(U) Upon conviction for such violation such violator shall be subject to a fine of one hundred dollars
for each violatiion. (Ord, 828 § 7, 1974).
8.28.080 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. 828 § 8, 1974).
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8.28.090 M�nd�tory litter bags.
The owner and person in possession of all vehicles or watercraft shall lteep and use a litter bag in said
vehicle or watercraft at all times which litter bag shall be maintained in such a place in which the
same shall be readily accessible for placement of litter by occupants of such vehicle or watercraft.
(Ord, 828 § 9, 1974).
8.28.100 Merchant's duty to lceep his premises free of litter.
No person owning or occupying a place of business shall sweep into a deposit on any road or other
public place the accumulation of litter frorn any building or lot or from any public or privata sidewall�
or driveway. Persons owning or occupying their bttsiness witliin the county shall lceep the grounds
around their businass premises fiee of litter. (Ord. 828 § 10, 1974).
8.28.110 Owner to maintain premises free of litter.
The owner or person in control of any private rasidence or other private property shall at all times
rnaintain the premises fiee of litter and shall Ue responsible for the safe, orderly and sanitary storage
of all solid waste accumulated at the premises until it is removed. Exception is inade to allow orderly
storage of salvageable materials. (Ord. 828 § 11, 1974).
8,28,120 Throwfng or distribating commerci�l h�ndbills in public places.
No person shall tllrow or deposit any commercial or noncommercial handbill in or upon any road or
other public place within the county. 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 road, or
other public place witihin the county for any person to hand out or disti-ibute, without charge to the
receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 828 § 12,
1974).
8.28.130 Placing commercial and noncommercial handbills on vehicles.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle.
Provided, however, that it is not ui�lawful 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. 828 § 13, 1974).
8.28.140 Depositing commerci�l �nd noncommercial handbills on uninhabited or vac�nt
praperty.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private
residence or other private property which are temporarily or continuously uninhabited or vacant.
(Ord. 828 § 14, 1974).
8.28.150 Prohibiting distribution of handbills where property posted.
No person shall throw, deposit or distribute any commercial or noncommercial handbills 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 thereo�, a sign
Uearing the words; "No Trespassing," "No Peddlers or Agents," "No Advertisements," or any similar
notice, indicating in any manner that the occupants of said residence or property do not desire to be
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molested or have their right of privacy disturbed, or to liave any such handbills left upon such
premises. (Ord. 828 § 15, 1974),
8.28.160 Distributing commercial 1nd noncommercial handbills at inhabited private
residences.
(a) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or
upon private reside�lce which is inhabited, except by handing or transmitting any such handbill
directly to the owner, occupant, or other person tihen present in or upon such private t�esidence.
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 fiom being blown or drifted aUout such residence or
sidewalks, roads, or other public places, and except that mailboxes may not be so used when so
prohibited by federal postal law or regulations,
(U) Exemption for Mail and Newspapers. The provisions of this section shall not apply to the
distribution of mail Uy the United States, nor to newspapers (as defined in this chapter) except that
newspapers shall be placed on private residences or other private property in such manner as to
prevent their being carried or deposited Uy the elements upon any road, or other public place or upon
private residences or other private property. (Ord. 828 § 16, 1974).
$.28.170 Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any
road, ai othei �ul�lic �lace o� u�on any private residence or �rivate property. (Ord, 028 � 17, 1974).
8,28.180 Vehicle loading.
(a) No vehicle shall be driven or moved on any public road unless such vehicle is so constt�.icted or
loaded as to prevent any of its load fiom dropping, shifting, lealcing or otherwise escaping therefrom,
except that sand or gravel may be dropped for the puipose of securing traction, or water or other
substance may Ue sprinlcled 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.
(b) Any person owning or operating a vehicle fiom which any glass, "problem waste" 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 road shall immediately cause said public road to be
cleaned of all such glass or other oUjects and shall pay any cost therefore. (Ord. 828 § 18, 1974),
8,28,190 County inspections for litter receptacles.
(a) At such times as tl�e building inspector malces routine inspections within the county, it shall also
be the duty of the building inspector to inspect all such premises to assure compliance with the
requirements for placing and maintaii�ing litter receptacles as required by this chapter. In the event
violations of this chapter are found, the building inspector is authorized to issue citations and other
legal process authorized in this chapter as in the case of police and other law enforcement personnel.
(b) The building department shall not approve oecupanc.y of any buildiiig, stniat�re or other
improvement for new constn.iction 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
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Uuilding, stiucture or other improvement, until litter receptacles as required in this chapter have been
set in place on tl�e suUject property. In the event violations of this chapter are foui�d, members of the
Uuilding department are authorized to issue citations and other legal process authorized in this
chapter as in case of police and other law enforcement personnel. (Ord. 828 § 19, 1974).
8.28.200 Enforcement officers and procedures.
Ei�forcement of this chapter may be by any police officer or other law enforcement officer, fire
marshal and building department personnel, jurisdictional health department, planning and solid
waste department personnel, and those public employees charged with the responsibility of operating
and maintaining all public and private places within the provisions of this chapter. All such
enforcenzei�t officers are empowered to issue citations to and/or anest without war�ant, persons
violating the provisions of this chapter, Said officers may sei-ve and execute all warrants, citations,
and other process issued by the cou�ts, In additio�i, 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 in this chapter shall be construed to prohibit
citizen's complaints or arrests as may Ue otherwise permitted under applicable state regulations, state
statute, ordinance, or court rule. (Res. 88-11-CC, 1988; Res, 116517 § 20, 1974).
$.28.210 Purpose.
The purpose of this chapter is to accomplish litter control in the county and pursuant to the general
laws of the state of Washington to adopt basically uniform and coordinated litter control local
legislation throughout the state. The ordinance codified in this chapter is intended to place upon all
persons within the county, in a cooperative and cooz•dinat�d statewide effoi-t the du�y oi con�ribu�ir�g
to the public cleanliness of tlie county appearance in order to promote public health, safety and
welfare and to protect the economic interest of the people of the co�nty against unsanitaiy and
unsightly conditioxls. It is fiirther the intent of this chapter to protect the people agaiiist the health and
safety menace and the expense incidezlt to the littering of roads and puUlic places by the promiscuous
and uncontrolled distribution of advertising matter and commercial and noncommercial handbills.
(Ord. 828 § 21, 1974).
8.28.220 Severability.
If any section, subsection, sentence, clause, phrase, words, word of this chapter is for aiiy reason
found to Ue unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not
affect the constitutionality or validity of the remaining portions of this chapter, it being expressly
declared that each section, subsection, sentence, clause, phrase, words or word would have been
prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more
section, subsection, sentence, clal�se, phrase, words, or word be declared or otherwise found
unconstitutia�ial or invalid for any reason, (Ord, 828 § 22, 1974).
8.28.230 Interpretation.
In the event any otller county ordinance, whether or not codified, is in conflict with any of the teims
of this chapter, the more stringent shall be constilied as applicable. (Ord. 828 § 23, 1974).
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8.28.240 Violation--Penalty.
Every person convicted of a violation of this cliapter for which no penalty is specifically provided
within the specific section violated shall be punished by a�ne of not more than tezi dollars for each
such violation. Each day that such violation continues shall be considered a separate offense. (Ord.
828 § 24, 1974).
Section 2. If any provision of this ordinance or its applicatioil to any person, entity or
circumstance is, for nay reason, held invalid or unconstit�itional, the remainder of the ordinance or its
applic�tion to other persons ei�tities or circurnstances shall not be affected.
Section 3, This ordinance, amending the existing text for chapter 8.28 GCC, shall be effective
when signed,
A PUBLIC HEARING WAS HELD ON THE ABOVE RESOLUTION/ORDINANCE
AT �; o� O'CLOCK �.M., ON THE /a � DAY OF /�6 (/ , 2009.
�nacted this /�f�day of /Vv t1e/�`� �Ger , 2009.
BOARD OF COUNTY COMMISSIONERS
G12�AtT COUNTY, WASHINGTON
Richard Stevens, Vice-Ch '
Carolann Swartz, Member
�� / �(� / 2009; J/ / � 2009
Approved as to fornl:
By
D. Angus Lee
Prosecuting Attorney
Date:
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