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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