HomeMy WebLinkAboutResolution 11-056-CCBOARD OF COUNTY COMMISSIONERS
County of Grant, State of Washington
ORDINANC� NO. 11- � � -CC
RESOLUTION NO. 11- p�7v -CC
AN ORDINANCE AMENDING
CHAPTER 8.28 OF THE GRANT COUNTY CODE
WHEItEAS, the Board of County Commissioners adopted by Grant County Resolution No,
116517 and Grant County Ordinance No. 828 (1974) for the purpose of creating and
incorporating chapter 8,28 of the Granti County Code, the same commonly referred to and cited
as the "uniform litter control code";
WHEREAS, the Board of County Coinmissioners amended chapter 8.28 of the Grant County
Code pursuant to Ordinance No. 09-106 CC (2009);
WI�EREAS, it is the desire of the Board of County Commissioners to promote and improve the
health, welfare and sanitation of the county of; and
WHEREAS, the Board of County Commissioners have determined that it is in the best interests
of the county to amend chapter 8.28 GCC pertaining to litter control and solid waste shipments.
NOW, THEREFORE, BE IT ORDAINED:
Section 1. Chapter 8.28 GCC adopted by Grant County Resolution No. 116517 and Grant
County Ordinance No. 828 (1974), and thereafter amended pursuant to Ordinance No. 09-106
CC (2009), is further amended as follows:
8.28.010 Short title.
This chapter shall be known and may be commonly referred to and cited as the "uniForm litter
control code." (Ord. 828 § 1, 1974), (Ord. No. 09-098-CC, § 1, 11-15-2009).
8.28.020 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.
"Commercial handbill" is any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, boolclet, 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
Unsecured Load Ordinance - 1
Civil 8\Ordinauces\20I0\Vehiele Load\Ordinance 6-16-I1
(B) Which directs attention to any business or mercantile or coinmercial establishinent, 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 adinission 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
perforinance, exhibition, or event of any kind, when either of the same is held, given or talces
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 ineeting, theatrical performance, exhibition, or event of any lcind without a license, where
such license is or may be required by any law of this state, or under any ordinance of this county;
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.
"County" means the County of Grant, Washington,
"Litter" means all solid wastes including but not limited to containers, pacicages, wrapping,
printed matter or other material thrown or deposited as herein prohibited, but not including the
wastes of the primary process of mining, logging, sawmilling, farming or manufacturing,
"Litter bag" means a bag, sacic, 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. It is not necessarily
limited to the state approved litter bag but must be similar in size and capacity, having not less
than one quart minimum capacity.
"Litter receptacle" means those containers meeting minimurn requirements of state regulations of
the State Department of Ecology.
"Newspapers" 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, shall mean and include any periodical or
current magazine regularly published with not less than four issues per year, and sold to the
public.
"Noncommercial handbill" is any printed or written matter, any sample, or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, boolclet, or any other printed or
otherwise reproduced original or copies of any matter of literature not included in the definitions
of a "commercial handbill" or "newspaper,"
"Park" is a parlc, reservation, playground, beach, recreation center or any other area in the
county, devoted to active or passive outdoor recreation.
"Person" is any individual, political subdivision, government agency, municipality,
industry, public or private corporation, co-partnership, association, firm or other entity,
whatsoever.
"Premises" is a tract of parcel of land with or without habitable buildings.
"Private residence" means any privately owned yard, grounds, driveway, dwelling, house,
buildiilg, 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.
Unsecured Load Ordinance - 2
Civil 8\Ordinances\2010\Vehicle Load\Ordinance 6-16-11
"Problem 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 converts it into a useful product.
"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.
"Reclamation" is the disposal process in which there is hand 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 the purpose of this chapter is synonymous with and includes "street,"
"highway" and "alley."
"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.
"Solid waste handling" means the storage, collection, transportation, treatment,
utilization, processing, and iinal disposal of solid wastes. (RCW 70.95.030)
"State regulations" means the regulations duly promulgated and adopted by the State
Department of Ecology pursuant to RCW Chapter 34.04 and codified or prepared for
codification as part of the Washington Administrative Code, copies of the applicable portions of
which are attached to the ordinance codifiad in this chapter as Exhibit "A" and by this reference
are incorporated in this chaptier as if set forth in full.
"Vehicle" includes every 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
tracics.
"Watercraft" means any boat, ship, vessel, barge, or other floating craft.
(Ord. 828 § 2, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.030 Litter regulations generally.
(a) No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any road,
alley, or any other public place in the county 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 such property is designated by the state or by any of its agencies or the county for the
disposal of garbage and refuse, and such person is authorized by the propar 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 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, t�ules or regulations; or
(4) Where such property is permitted by the county planning commission and jurisdictional
health district for "reclamation" purposes in which there is hand and/or mechanical segregation
Unsecured Load Ordinance - 3
Civil 8\Ordinnnces\2010\Vehiele Load\Ordinance 6-16-1 I
of solid waste for sale and reuse including salvage, A reclamation site shall be located, designed,
constructed, 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 protection, water pollution prevention, litter control prevention, air pollution
prevention and esthetics. �
(b) Penalty, Any person violating the provisions of this section shall be g ilty of a misdemeanor �
and the fine or bail forfeiture for such violation shall not be less than t two hundred and fifty ���
dollars for each offense, and, in addition thereto, in the sound discretion of the court, such person
may be 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.
(c) Presumption. In any action brought to enforce the provisions of this section, the name or
designation of identity of the person appearing on one or more separate pieces of litter shall be
prima facie evidence and raise a rebuttable 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 seq., a reward, not to exceed the amount of two
hundred and fifty dollars, may be paid to any person who observes indiscriminate dumping
occurring and thereafter provides information which results in the convictio�l of a person or
persons performing the act of promiscuous dumping. PROVIDED; Any claims related to such
reward which are determined to be in conflict shall be subject to provisions set forth in RCW
10.85.040,
(e) Restitution. Any person convicted of violating provisions set forth herein shall be ordered
by the court to pay restitution to the County of Grant, State of Washington, in the amount of two
hundred and fifty dollars.
(Ord. 828 § 3, 1974).
(Ord. No, 09-106-CC, 12-8-2009)
8.28.040 Solid waste storage and handling.
The owner and/or occupant of any premises, business establishment or industry shall be
responsible for the saCe, orderly and sanitary storage of all solid waste accumulated at that
premises until it is removed. Reclaimad materials, pending use or resale, shall be 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).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.050 Placement of litter receptacles.
(a) Litter receptacles shall be placed in all paslcs, trailer parks in respect to the service o�
transient habitation, gasoline 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 appropriata to need as specified by state regulations.
(b) It shall be responsibility of any person owning or operating any establislunent 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.
Unsecured Load Ordinance - 4
Civil 8\Ordinnnces\2010\Vel�icle Load\Ordivance 6-16-ll
(c) Penalty. Any person who fails to place such litter receptacles on the premises in the numbers
and design required by state regulation, violating the provisions of this section, shall be subject
to a fine of ten dollars for each day of violation.
(Ord. 828 § 5, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.060 Use of 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
may have for disposal while passing by public places and in no event shall be used for the
disposal of other solid waste accumulated in residences or places of business.
(Ord. 828 § 6, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.070 Damaging receptacles.
(a) It is unlawful for any person to willfully damage or deface any litter receptacle of another
person.
(b) Upon conviction for
dollars for each violation.
(Ord. 828 § 7, 1974).
such violation such violator shall be subject to a fine of one hundred
(Ord. No. 09-106-CC, 12-8-2009)
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).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.090 Mandatory litter bags.
The owner and person in possession of all vehicles or watercraft shall keep 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).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.100 Merchant's duty to keep 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 oi litter from any building or lot or from any public or
Unsecured Load Ordinance - 5
Civil 8\Ordinances�20I0\Veliicle Load\Ordinance 6-I6-11
private sidewallc or driveway. Persons owning or occupying their business within the county
shall keep the grounds around their business premises free of litter.
(Ord. 828 § 10, 1974),
(Ord. No. 09-106-CC, 12-8-2009)
8.28.110 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 and shall be 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).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.120 Throwing or distributing commercial handbills in public places.
No person shall throw 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 within the county 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. 828 § 12, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
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 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. 828 § 13, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.140 Depositing commercial nnd noncommercial handbills 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 are temporarily or continuously uninhabited or
vacant.
(Ord. 828 § 14, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.150 Prohibiting distribution of handbills where property posted.
No person shall throw, deposit or distribute any cammercial 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 thereof,
a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisaments," or
Unsecured Load Ordinance - 6
Civil 8\Ordinances\2010\Vehicle Load\Ordinnnce 6-16-1 I
any similar notice, indicating in any manner that the occupants of said residence or property do
not desire to be molested or have their right af privacy disturbed, or to have any such handbills
left upon such premises,
(Ord. 828 § 15, 1974).
(Ord, No. 09-106-CC, 12-8-2009)
8.28.160 Distributing commercial and noncommercial handbills at inh�bited private
residences.
(a) 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, roads, or other public places, and except that
mailboxes may not be so used when so prohibited by federal postal law or regulations.
(b) Exemption for Mail and Newspapers. The provisions of this section shall not apply to the
distributian of inail by the United States, nor to newspapers (as deiined 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 by the elements upon any road, or other p�blic place
or upon private residences or other private property.
(Ord. 828 § 16, 1974)
(Ord. No, 09-106-CC, 12-8-2009)
8.28.170 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, or other public place or upon any private residence or private property.
(Ord. 828 § 17, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.180 Vehicle loading.
(a) No �vehicle shall be driven or moved on any public road unless such vehicle is so
constructed or loaded as to prevent any of its load from dropping, shifting, lealcing 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 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 from 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 objects and shall pay any cost therefore.
(Ord. 828 § 18, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
Unsecured Load Ordinance - 7
Civil8\Ordinnnces\2010\Vehicle Load\Ordinance 6-16-I1
8.28.190 Solid Waste Disnosal — Unsecured Load Fee
"Unsecured load" means a shipment of solid waste in or on a vehicle that is not covered with a
tarp, inside an enclosed vehicle or otherwise secured or tied down b�y chains or other
fastening devices in a inanner that will prevent matierials from spillin�pin f�alling or being
blown or debosited outside the vehicle while the vehicle is in motion. For purposes of this
definition, solid waste contained in trash bags that are not covered with a tarp inside an enclosed
vehicle or otherwise secured or tied down is an unsecured load.
(1) Pursuant to RCW 70.93.097, a fee shall be char�ed to all vehicles with unsecured loads
arrivin� at a dropbox or landfill maintained and operated within Grant County. The operator of
the vehicle containin� the unsecured load, unless otherwise exempted as set forth below and
pursuant to RCW 46,61.655, shall be required to pav a fee. �ffective Julv 1 2011 the unsecured
load fee shall be:
Passen�er licensed vehicles 1-3 yards capacitv $5.00
Trucics and other vehicles over 3 vard capacitv $15.00
(2) A vehicle transporting sand, dirt or gravel in compliance with the provisions of RCW
46.61.655 shall not be required to secure or cover a load pursuant to this section.
(3) The fee collected under subsection (1) of this section shall be debosited, no less than
quarterlv, in an identifiable account with the Solid Waste operating fund.
8.28.��9 200 County inspections for litter receptacles.
(a) At such times as the building inspector makes 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 maintaining 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 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 required in this chapter
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 case of police and other law enforcement personnel.
(Ord. 828 § 19, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.�8A 210 Enforcement affcers and procedures.
Enforcement 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
Unsecured Load Ordinance - 8
Civil 8\Ordinances\2010\Vehicle Load\Ordiunnce G-16-11
waste depai�tment 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 enforcement officers are empowered io issue citations to and/or arrest without warrant,
persons violating the provisions of this chapter. Said officers may serve and execute all warrants,
citations, and other process issued by the coui�ts. In addition, mailing by registered mail of such
warrant, citation, or other process to the last lcnown 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 inay be otherwise permitted under applicable state
regulations, state statute, ordinance, or court rule.
(Res. 88-11-CC, 1988; Res. 116517 § 20, 1974).
(Ord. No, 09-106-CC, 12-8-2009)
8.28.�8 220 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 coordinated statewide effort the duty of
contributing to the public cleanliness of the county appearance in order to promote public health,
safety and welfare and to protect the economic interest of the people of the county 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 roads and public
places by the promiscuous and uncontrolled distribution of advertising matter and commercial
and noncommercial handbills.
(Ord. 828 § 21, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.3�9 230 Sever�bility.
If any section, subsection, sentence, clause, phrase, words, word of this chapter is for any reason
found to be 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
ssction, subsection, sentence, clause, phrase, words, or word be declared or otherwise found
unconstitutional or invalid for any reason.
(Ord. 828 § 22, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.�39 240 Interpretation.
In the event any other county 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. 828 § 23, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
8.28.�49 250 Viol�tion--Penalty.
Unsecured Load Ordinance - 9
Civil 8\Ordinances\2010\Vehicle Load\Ordinance 6-16-1 I
Every person convicted of a violation of this chapter for which no penalty is speciiically
provided within the specific section violated shall be punished by a fine of not more than ten
dollars for each such vialation, Each day that such violation continues shall be considered a
separate offense.
(Ord. 828 § 24, 1974).
(Ord. No. 09-106-CC, 12-8-2009)
Section 2, If any provision of this ordinance or its application to any person, entity or
circumstance is, for nay reason, held invalid or unconstitutional, the remainder of the ordinance
or its application to other persons entities or circumstances 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 2;00 O'CLOCK P,M., ON THE 12TI3
DAY OF JULY, 2011,
Enacted this � day of � ry , 2011,
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Carolann Swartz, Chair
6/20/ 201 l; 6/27/ 2011
Approvec�.,a��to �c�rm
d`�
By ji 4
�
Dalton�����" e
Deputy Prosecuting Attorney
Date: �� ��- -- � (
Unsecured Load Ordinance - 10
Civil 8\Ordivances\2010\Vehiale Load\Ordivance 6-16-1 I