Title 7
HEALTH AND SANITATION
Chapters:
7.04 Abatement of Public Nuisances
7.08 Garbage Collection and Disposal
7.12 Uniform Litter Control Code
ABATEMENT OF PUBLIC NUISANCES
Sections:
7.04.010 Definitions.
7.04.020 Types of nuisances designated.
7.04.030 Unlawful acts designated.
7.04.040 Enforcement.
7.04.050 Abatement by the city--Liability for costs.
7.04.060 Violations.
7.04.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
"Abandoned structure" means any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidence indicates that no person is presently in possession. Evidence of abandonment may include, but is not limited to, disconnected utilities, accumulated debris, uncleanliness, and disrepair. In the case of chattels, location, length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining whether the property is abandoned.
"Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines it necessary in the interest of the general health, safety and welfare of the community. It shall include to stop, discontinue, or do away with a condition on any premises which is in violation of this chapter or any part of the Kalama Municipal Code which defines a public nuisance.
"Attractive nuisance" means any property, real or personal, constituting or containing a dangerous condition which might reasonably be expected to attract children of tender years, including, but not limited to, abandoned or unoccupied dwellings or structures, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris, abandoned property either real or personal as interpreted in the definition of abandoned.
"Building materials" mean and include lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.
"Enforcement officer" means the nuisance abatement officer under the supervision of the clerk-treasurer and/or police chief or as designated by the mayor.
"Graffiti" means the writing, painting, or drawing of any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless that person has given permission to the perpetrator for such conduct.
"Grass" or "uncut grass" means any grass which is more than twelve inches tall.
"Junk" means and includes all old appliances or furniture or parts thereof, all old iron, or other metal, or machinery of any kind or of any major parts thereof, glass, grass, cardboard, old lumber, old wood, or tires or articles that have outlived their usefulness in their original form.
"Premises" means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks, parking strips and street.
"Refuse" means and includes all trash, dirt, garbage, discarded food or clothing, animal and vegetable matter including excrement and lawn and garden debris, cans, bottles, insect-infested materials of all kinds, and ashes.
"Responsible person" means the owner, any agent, lessee or tenant of any premises.
"Storage area" means any open area of a parcel of land in a residential, commercial, and industrial use district.
"Unsafe structure" means any structure fitting the definition as contained in Chapter 1, Section 108 of the International Property Maintenance Code, 2003 Edition.
(Ord. 1164 § 2 (part), 2005).
7.04.020 Types of nuisances designated.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any lake, river, stream, drainageway or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:
A. The existence of any junk as defined herein; provided, junk vehicles may be dealt with under Chapter 10.12 of this code if they qualify under the definitions in that chapter. In addition, the retention, parking or storage of any unauthorized vehicle on the public rights-of-way of the city or on private property unless so retained, parked or stored as expressly permitted in Title 17 of this code. For the purposes of this section, an "unauthorized vehicle" is as defined in Chapter 46.55 RCW and the procedure set forth therein may be followed without regard to the nuisance abatement procedure provided in this chapter;
B. The accumulation of materials or objects in a storage area when the same endangers property and/or safety or creates unsanitary conditions;
C. The retention of wastes that are not in a covered receptacle which include, but are not limited to, bones, meat hides, skins, whole or parts of any dead animal, fish, fowl or reptile;
D. The existence of any places which are likely to attract flies, mosquitoes, and vermin, or which are foul or malodorous, including, but not limited to, privies, vaults, cesspools, sumps and pits;
E. The existence of any junk or refuse as defined herein on any premises as defined herein;
F. The existence of any noxious weeds, growing or otherwise, without the proper retention in a covered receptacle, including, but not limited to, poison oak, poison ivy, Russian thistle, or other such weeds;
G. The growing of blackberry vines that create a visibility obstruction at intersections, alleys, and driveway entrances or that grow onto another person's property, as well as tall grass and/or weeds which become over one foot in height;
H. The existence of items that may become a fire hazard;
I. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in this chapter, whose retail cost new would exceed one thousand dollars, without a special permit from the director; provided, the business is permitted under the zoning ordinance and other applicable ordinances of the city. Nothing in this section shall:
1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being pursued diligently to completion.
2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise.
3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws.
J. The existence of any fence or other structure or thing on private property which is sagging, leaning, fallen, decayed, dilapidated, or in an unsafe condition;
K. Violation of the zoning ordinance (KMC Title 17); health and sanitation regulations (KMC Title 7); and building and construction codes (KMC Title 14);
L. The existence on any premises, in a place accessible to children, of any attractive nuisance;
M. The existence of any drainage onto or over any sidewalk or public pedestrian way;
N. The existence of any bees, Africanized honey bees, yellow jackets, hornets, or wasps that harbor in colonies, hives, apiaries or nests which are not authorized by ordinance or statute and are not in full compliance with Chapter 15.60 RCW or Chapter 16-602 WAC;
O. The existence of any graffiti as defined herein;
P. The existence of any heat pump and/or air conditioner unit that is ground-mounted, unless screened by shrubs or fence from the adjacent property;
Q. The existence of any flood or display lighting unless used and constructed so as to not unduly illuminate the surrounding properties and not create a traffic hazard. Lighting maintained by the city on public rights-of-way and lighting of athletic fields are exempt from this provision.
(Ord. 1164 § 2 (part), 2005).
7.04.030 Unlawful acts designated.
A. It is unlawful for any person to permit, maintain, suffer, carry on or allow upon any premises or in any lake, river, stream, drainageway or wetlands, any of the acts or things declared by this chapter or any other ordinance of the city to be a public nuisance.
B. Every owner of premises located in close proximity to an occupied dwelling unit shall keep such premises so as to prevent rodent, insect, or other pest infestation, and to prevent fire hazards.
(Ord. 1164 § 2 (part), 2005).
7.04.040 Enforcement.
There shall be a nuisance enforcement officer who will serve under the direction of the clerk-treasurer and/or police chief or as designated by the mayor. The enforcement officer having knowledge of any public nuisance, which includes substandard housing and dangerous buildings shall cause any owner and/or tenant or other responsible person to be notified in writing of the existence of a public nuisance on any premises.
1. A copy of the notification shall be forwarded to:
a. Mayor;
b. City attorney;
c. Chief of police.
2. The enforcement officer shall direct the owner and/or tenant, or other responsible person to abate the condition that constitutes a public nuisance within ten days or less after the date of the notice as determined by the abatement officer.
3. The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR
UNLAWFUL CONDITION
(Name and address of person(s) notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at ________, you are hereby notified that the undersigned, pursuant to Chapter 7.04 of the Kalama Municipal Code, has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection _____ of Section 7.04.020:
You are hereby notified to abate said condition to the satisfaction of the undersigned within ten days of the date of this notice unless the Nuisance Enforcement Officer shortens the time for good cause. If you do not abate such condition within said period, the City may abate the condition at your expense or may file criminal charges, or both.
Abatement is to be accomplished in the following manner:
Dated:________
By:________
4. Any order described in this section of this chapter shall be served on a responsible person. Service shall be deemed complete under any of the following conditions:
a. By delivering such notice to such person personally by any authorized person eighteen years of age or older;
b. By certified mail directed to a responsible person as defined herein with return receipt requested; or
c. By posting upon any portion of the premises visible from a public place.
5. If the whereabouts of the responsible person are unknown and the name cannot be ascertained by the enforcement officer and the enforcement officer shall make an affidavit to that effect, then the order shall be served by publishing the same twice, once each week for two consecutive weeks, in a local newspaper of general circulation in the city.
6. Whenever any declared nuisance shall be found to exist on any private or public property, the enforcement officer shall have the power and authority to issue a criminal citation if the nuisance has not been abated within the prescribed time limit set in this chapter.
(Ord. 1164 § 2 (part), 2005).
7.04.050 Abatement by the city--Liability for costs.
In all cases where the enforcement officer successfully proceeds with abatement, the responsible person or persons shall be liable for the city's costs.
(Ord. 1164 § 2 (part), 2005).
7.04.060 Violations.
In addition to any other remedies provided for herein, violations of any of the provisions of this chapter or the maintenance or existence of a public or private nuisance shall constitute an infraction and shall be governed by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). In the event the court determines that the defendant has committed an infraction, a civil penalty in the minimum amount of five hundred dollars, no more than two hundred fifty dollars of which may be suspended, shall be imposed upon the responsible person. Any additional penalty will be in the discretion of the court. Each day such incident is in existence shall constitute a separate and distinct infraction for the purposes of imposing a civil penalty. This section shall apply to nuisances declared as such under Kalama Municipal Code Chapter 10.12, as well as any nuisance declared as such by this or any other ordinance of the city.
(Ord. 1164 § 2 (part), 2005).
GARBAGE COLLECTION AND DISPOSAL
Sections:
7.08.010 Definitions.
7.08.020 Duty to deposit garbage and refuse in portable receptacles.
7.08.030 Garbage receptacles.
7.08.040 Trash receptacles--Specifications--Brush or shrubbery trimmings.
7.08.050 Location of garbage receptacles.
7.08.060 Noncomplying receptacles.
7.08.070 Disposal of garbage, trash, or refuse to comply with chapter.
7.08.080 Allowing rubbish to accumulate.
7.08.090 Rates--Residential low-income discount.
7.08.100 Service charges--Rates.
7.08.110 Service charges--Special pickup.
7.08.120 Service charges--Where payable--Date due--Delinquencies--Lien for nonpayment.
7.08.130 Violation--Penalty.
7.08.010 Definitions.
For the purposes of this chapter:
"City" means the city of Kalama or the service provider under contract with the city for garbage collections.
"Dead animals" mean all animals and fowl, large and small, which may die or be killed for other than food purposes.
"Garbage" means all solids and semisolid kitchen refuse subject to decay or putrefaction and all market waste of animal and vegetable matter which was intended as food.
"Offal" means waste animal matter from butchers, slaughter or packing houses.
"Person" means every person, firm, partnership, association, institution and corporation. The term also means the occupant and/or the owner of the premises for which services herein mentioned is rendered.
"Trash and refuse" means all waste matter not subject to decay or putrefaction which for the purposes of this chapter, includes ashes, sod, newspapers, magazines, paper cartons and paper signs.
(Ord. 1078 § 1 (part), 2001: Ord. 463 § 2, 1962).
7.08.020 Duty to deposit garbage and refuse in portable receptacles.
A. The maintenance of health and sanitation requires that collection, removal and proper disposal of solid waste within the city be compulsory and universal. Therefore, it is required of every person in possession, charge or control of any dwelling, flat, rooming house, apartment house, trailer camp, hospital, hotel, school, restaurant, boarding or eating house, or in possession, charge or control of any public or private place of business or manufacturing establishment, where garbage, refuse, trash or offal is or may be created or accumulated within the city limits, to keep or cause to be kept, portable cans of approved size, type of construction as herein provided; and to deposit or cause to be deposited such accumulation therein, except as hereinafter provided.
B. All refuse and garbage from businesses dispensing food and drink (including boardinghouses, hotels, auto courts, and motels), food stores, doctors' and dentists' offices, and private and public meeting places where banquets are held, including refuse from all rest rooms, shall be deposited in containers of the size and type specified in Section 7.08.030.
C. Exemptions. While it is the intention of this chapter to make the collection of solid waste compulsory and universal, the city recognizes that in some rural areas included within the city limits accessed by unimproved private drives and roads where requiring collection service would be unreasonable, unduly burdensome to the customer, and inefficient. If the solid waste service provider is unable to provide collection service to a residence annexed into the city after 2007 due to inadequate access a customer may file a written request for an exemption from solid waste collection services with the city. "Inadequate access" is defined as not having direct access from the public road or street or private drive to a property's own driveway or street access or frontage. Such exemption shall be conditioned upon compliance with all disposal and receptacle requirements of this chapter and agreement that solid waste will be disposed of properly on a monthly basis at a permitted landfill by the customer.
(Ord. 1078 § 1 (part): Ord. 463 § 3, 1962).
(Ord. No. 1224, § 1, 9-3-2008)
7.08.030 Garbage receptacles.
All garbage, offal, trash, and/or refuse must be placed or kept by the occupant of the premises in the garbage containers provided by the city of not over ninety gallon capacity for single-family dwellings, as well as hotels, apartments, restaurants, and other business locations. No container should weigh more than seventy-five pounds when loaded and it is the responsibility of the occupant to keep containers closed during inclement weather. Any additional noncity-issued containers of garbage placed with the city provided containers will be picked up at an additional charge of four dollars per unit.
(Ord. 1078 § 1 (part): Ord. 463 § 4, 1962).
7.08.040 Trash receptacles--Specifications--Brush or shrubbery trimmings.
A. Trash and refuse must be deposited in suitable, solid containers not in excess of thirty gallon capacity and when loaded, not weighing more than sixty pounds; provided, that brush or shrubbery trimmings may be tied in bundles not over five feet in length and not over eighteen inches in circumference.
B. Newspapers and magazines and paper signs may be placed in paper cartons, or tied in bundles in both directions around the circumference thereof, with either rope, wire or heavy cord, none of which shall be more than sixty pounds in weight.
(Ord. 463 § 5, 1962).
7.08.050 Location of garbage receptacles.
All garbage cans, receptacles and trash, refuse, brush and shrubbery trimmings, shall be placed at locations as indicated by the city. Any person within the city who leaves garbage receptacles inaccessible for pickup, requiring the driver to move receptacle more than five feet shall pay an additional charge of one dollar per month to the city for deluxe service. This deluxe service may be requested and paid for by a customer physically unable to move the garbage receptacle to the pick up location.
(Ord. 1078 § 1 (part): Ord. 463 § 6, 1962).
7.08.060 Noncomplying receptacles.
In the event that garbage, refuse, or trash receptacles do not comply with the provisions of this chapter as to size, weight or carrying distance, as provided in Sections 7.08.030 through 7.08.050, the city's garbage collectors shall be under no obligation to remove said receptacles unless and until either:
A. The person owning said receptacle makes the same comply with the provisions of this chapter; or
B. A special pickup is arranged pursuant to Section 7.08.110.
C. All service charges shall apply during any period of noncompliance.
(Ord. 1078 § 1 (part): Ord. 463 § 7, 1962).
7.08.070 Disposal of garbage, trash, or refuse to comply with chapter.
It is unlawful for any person to bury or dump waste paper, boxes, leaves, trash, debris, grass, woods, and cuttings from trees, lawns, shrubs and gardens upon the street, alley, or public place in the city.
(Ord. 1078 § 1 (part): Ord. 463 § 8, 1962).
7.08.080 Allowing rubbish to accumulate.
A. It is unlawful for the occupant, owner, or agent of the owner of any premises in the city to permit thereon any rubbish, trash, tin cans, bones, rags, straw, manure, decaying vegetable or animal matter, stagnant water, liquid household waste, ashes, soot, poison oak or poison ivy, or any unclean, unsanitary or unhealthful substance or matter; provided, nothing herein contained shall prevent the temporary retention of waste matter in receptacles in a manner approved by this chapter.
B. It is unlawful for the occupant, owner, or agent of the owner of any premises in the city, to allow trash or refuse to accumulate in a city alley and/or city street abutting such premises. The council shall notify by letter or authorized form, any such person to cause such trash or refuse to be removed by such person or by the city's garbage collector. If trash or refuse is not removed, the garbage collector shall cause the same to be removed and charge the person for removal at the special pickup rate established by Section 7.08.100.
(Ord. 1078 § 1 (part): Ord. 463 § 9, 1963).
7.08.090 Rates--Residential low-income discount.
A. Eligibility. A low-income rate is available to qualified low-income individuals who occupy residential dwellings not federally subsidized and meet the conditions as specified in Kalama Municipal Code Section 12.18.
B. Character of Service. Service shall be offered to low-income residential customers within the city limits for fifty percent of the minimum bimonthly charge for a one-can pickup of garbage every other week. If garbage pickup is required weekly, then the discount will not be applicable even if otherwise qualified for low-income discount.
(Ord. 1170 § 1, 2005: Ord. 1078 § 1 (part): Res. 179, 1980: Ord. 463 § 10, 1962).
7.08.100 Service charges--Rates.
A. The minimum solid waste service required by all residences in the city is one can, one time per week. The minimum solid waste service for business or commercial customers is a weekly service at a level commensurate with the amount of solid waste produced by the establishment as determined by the city. Rates for required regular service at all places of residence and business shall be fixed by a resolution of the council.
B. An occupant may request a temporary service interruption if the house is vacant of a minimum of two weeks and contact the city in advance of their departure.
(Ord. 1078 § 1 (part): Ord. 463 § 11, 1962).
7.08.110 Service charges--Special pickup.
Any person may secure a special pickup of any of the items mentioned in this chapter by calling the city's garbage collector and requesting such pickup and paying the fee as determined by the garbage collector, but in no event less than one dollar minimum. In the event of a disagreement upon the amount of fee to be charged therefor, the city council shall have the right to fix the amount which shall be charged and when so fixed by the council, the same shall be binding.
(Ord. 1078 § 1 (part): Ord. 463 § 12, 1962).
7.08.120 Service charges--Where payable--Date due--Delinquencies--Lien for nonpayment.
A. All charges for services to be rendered herein shall be payable to the city clerk-treasurer, and if not paid on or before the due date of such bill, such charge shall be delinquent.
B. Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage collection service shall have been rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges, and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material. Such lien shall be prior to any and all other liens and encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments, whether levied prior or subsequent thereto.
(Ord. 1078 § 1 (part): Ord. 463 § 13, 1962).
7.08.130 Violation--Penalty.
Any person committing an unlawful act or omission in violation of the provisions of this chapter shall be guilty of a misdemeanor and punishable by a fine not to exceed one thousand dollars for each such offense. Violation of this chapter shall not result in a term of imprisonment.
(Ord. 1078 § 1 (part): Ord. 907 § 1, 1995).
UNIFORM LITTER CONTROL CODE
Sections:
7.12.010 Short title.
7.12.020 Purpose.
7.12.030 Interpretation.
7.12.040 Definitions.
7.12.050 Prohibited--Penalty.
7.12.060 Receptacles--Placement.
7.12.070 Receptacles--Use.
7.12.080 Receptacles--Damaging unlawful.
7.12.090 Removal of litter.
7.12.100 Mandatory litter bags.
7.12.110 Sweeping litter into gutter prohibited.
7.12.120 Merchants' duty to keep sidewalks free of litter.
7.12.130 Owner to maintain premises free of litter.
7.12.140 Throwing or distributing commercial handbills in public places.
7.12.150 Placing handbills on vehicles.
7.12.160 Depositing handbills on uninhabited or vacant property.
7.12.170 Prohibiting distribution of handbills where property posted.
7.12.180 Distributing handbills at inhabited private residences.
7.12.190 Littering from vehicles.
7.12.200 Vehicle loading.
7.12.210 City inspection of litter receptacles.
7.12.220 Enforcement officers and procedures.
7.12.230 Violation--Penalty.
7.12.010 Short title.
This chapter shall be known and may be commonly referred to and cited as the "uniform litter control code."
(Ord. 553 § 1, 1973).
7.12.020 Purpose.
The purpose of this chapter is to accomplish litter control in the city and pursuant to the general laws of the state of Washington to adopt basically uniform and coordinated litter control legislation throughout the state. This chapter is intended to place upon all persons within the city, in a cooperative and coordinated statewide effort, the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the city 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 the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial and noncommercial handbills.
(Ord. 553 § 21, 1973).
7.12.030 Interpretation.
In the event any other city 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. 553 § 23, 1973).
7.12.040 Definitions.
A. 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.
B. "City" means the city of Kalama, Washington.
C. "Commercial handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature, excluding newspapers:
1. Which advertises for sale any merchandise, product, commodity or thing; or
2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection 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 performance, exhibition, or event of any kind, when either of the same is held, given or takes 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 subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or
4. Which, while containing reading matter other than advertising matter, is predominately 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.
D. "Highway," for the purpose of this chapter, is synonymous with and includes street, road and alley.
E. "Litter" means all solid wastes including but not limited to containers, packages, wrapping, printed matter or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.
F. "Litter bag" means a bag, sack 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.
G. "Litter receptacle" means those containers meeting minimum requirements of state regulations of the State Department of Ecology.
H. "Newspaper" means 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.
I. "Noncommercial handbill" means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
J. "Park" means a park, reservation, playground, beach, recreation center or any other area in the city devoted to active or passive outdoor recreation.
K. "Person" means any individual, political subdivision, government agency, municipality, industry, public or private corporation, co-partnership, association, firm or other entity, whatsoever.
L. "Private residence" means any privately owned yards, grounds, walk, driveway, dwelling, house, building or other structure, including appurtenant porches, steps or vestibules, used or designed either wholly or in part for private residential purpose, whether single family, duplex or multiple, and whether uninhabited or vacant.
M. "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.
N. "Road," for the purpose of this chapter, is synonymous with and includes street, highway and alley.
O. "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.
P. "State regulations" means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to Chapter 34.04 RCW and codified or prepared for codification as part of the Washington Administrative Code, copies of the applicable portions of which are on file in the office of the clerk-treasurer of the city of Kalama.
Q. "Street," for the purpose of this chapter, is synonymous with and includes road, highway and alley.
R. "Vehicle" includes every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
S. "Watercraft" means any boat, ship, vessel, barge or other floating craft.
(Ord. 553 § 2, 1974).
7.12.050 Prohibited--Penalty.
A. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, alley, sidewalk or any other public place in the city or upon a private residence or other private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise except:
1. When such property is designated by the state or by any of its agencies or the city for the disposal of garbage and refuse, and such person is authorized by 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 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 the litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations.
B. Any person violating the provisions of this section shall be guilty of a misdemeanor and the fine or bail forfeiture for such violation shall not be less than ten dollars for each offense, and, in addition thereto, in the sound discretion of the court, such person may be directed by the court to pick 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. 553 § 3, 1973).
7.12.060 Receptacles--Placement.
A. Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient habitation, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such public places in numbers appropriate to need as specified by state regulation.
B. It shall be the responsibility 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. 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. 553 § 4, 1973).
7.12.070 Receptacles--Use.
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 street, sidewalk or other public place or upon any private residence or other private property.
B. Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
(Ord. 553 § 5, 1973).
7.12.080 Receptacles--Damaging unlawful.
A. It is unlawful for any person to willfully damage or deface, any litter receptacle of another person.
B. Penalty. Upon conviction for such violation such violator shall be subject to a fine of one hundred dollars for each such violation.
(Ord. 553 § 6, 1973).
7.12.090 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. 553 § 7, 1973).
7.12.100 Mandatory litter bags.
The owner and person in possession of all vehicles or watercraft shall keep and use a litter bag in said vehicles or watercraft at all times which litter bag shall be maintained in such vehicle or watercraft in a place in which the same may be viewed from the outside of such vehicle or watercraft when the same is locked or otherwise secured from entry.
(Ord. 553 § 8, 1973).
7.12.110 Sweeping litter into gutter prohibited.
No person shall sweep into or deposit in any gutter, street, alley or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.
(Ord. 553 § 9, 1973).
7.12.120 Merchants' duty to keep sidewalks free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.
(Ord. 553 § 10, 1973).
7.12.130 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.
(Ord. 553 § 11, 1973).
7.12.140 Throwing or distributing commercial handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the city 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. 553 § 12, 1973).
7.12.150 Placing handbills on vehicles.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicles. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, any noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(Ord. 553 § 13, 1973).
7.12.160 Depositing 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. 553 § 14, 1973).
7.12.170 Prohibiting distribution of handbills where property posted.
No person shall throw, deposit or distribute any commercial or noncommercial handbill 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 Advertisement," or any similar notice, indicating in any matter that the occupants of said residence or property do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
(Ord. 553 § 15, 1973).
7.12.180 Distributing handbills at inhabited private residences.
A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon a 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, streets 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 distribution of mail by the United States, or to newspapers (as defined herein) except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private residences or other property.
(Ord. 553 § 16, 1973).
7.12.190 Littering from vehicles.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any street or other public place or upon any private residence or private property.
(Ord. 553 § 17, 1973).
7.12.200 Vehicle loading.
A. No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking 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 sprinkled 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 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 street, shall immediately cause said public street to be cleaned of all such glass or other objects and shall pay any cost therefor.
(Ord. 553 § 18, 1973).
7.12.210 City inspection of litter receptacles.
A. 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 chapter. In the event violations of this chapter are found, members of the fire department are authorized to issue citations and the 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 herein required 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 the case of police and other law enforcement personnel.
(Ord. 553 § 19, 1973).
7.12.220 Enforcement officers and procedures.
Enforcement of this chapter may be by any police officer or other law enforcement officer, fire department and building department personnel, jurisdictional health department personnel, and those public employees charged with the responsibility of operating and maintaining all public places within the provisions of this chapter. All such enforcement officers are hereby empowered to issue citations to, and/or arrest without warrant, persons violating the provisions of this chapter. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts. In addition, 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 herein shall be construed to prohibit citizens' complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance or court rule.
(Ord. 553 § 20, 1973).
7.12.230 Violation--Penalty.
Every person convicted of a violation of this chapter for which no penalty is specifically provided within the specific section violated shall be punished by a fine of not more than ten dollars for each such violation. Each day that such violation continues shall be considered a separate offense.
(Ord. 553 § 24, 1973).