HomeMy WebLinkAbout1974-1609 ENACTING CHAPTER 6.86, “LITTER CONTROL”. 1. ORDINANCE NO. /607
AN ORDINANCE relating to public safety and morals; defining terms;
prohibiting the discharge of litter on public and
private property and making exceptions to such uc pro-
hibition; requiring litter bags in vehicles and litter
receptacles at certain public places; regulating the
distribution of handbills; providing a penalty for
violation; and enacting Chapter 6.86, "Litter Control"
and its various sections as a new chapter and new sec-
tions of the City of Yakima Municipal Code; and repealing
Sections 6.04.255, 6.04.295 and 6.04.466 of the City of
Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 6.86, "Litter Control", and its various
sections are hereby enacted as a new chapter and new sections of
the City of Yakima Municipal Code to read as follows:
"CHAPTER 6.86
LITTER CONTROL
6.86.010 Purpose of chapter. The purpose of this chap-
ter is to accomplish litter control in the City of Yakima.
This ordinance is intended to place upon all persons within
411 the City of Yakima the duty of contributing to the public
cleanliness and appearance of the City of Yakima in order to
promote the public health, safety and welfare and to protect
the economic interests of the people of the City of Yakima
against insanitary and unsightly conditions. It is further
the intent of this ordinance to protect the people against
the health and safety menace and the expense incident to
littering.
6.86.020 Definitions. As used in this chapter unless
a different meaning clearly appears from the context, the
following words and phrases shall have the following meanings
ascribed to them:
1. 'Litter' means waste paper of every nature and all solid
wastes including, but not limited to, containers, packages,
wrappings, printed matter or other material thrown or
deposited as herein prohibited, but not including the
wastes of the primary processes of logging, sawmilling,
farming or manufacturing.
2. 'Litter bag' means a bag, sack or other container made of
411 any material which is large enough to serve as a receptacle
for litter inside a vehicle.
3. 'Litter receptacle' means a container for the disposal
of litter of not more than sixty gallon capacity; provided
• that special containers of larger capacity such as those
referred to as 'dumpsters', and garbage containers or
other waste containers serving single or multi family
residences are not included within this definition and
their use is in no way regulated or affected by this
chapter.
4. 'Park' means a park, reservation, playground, recreation
center or any other area in the City of Yakima devoted
to active or passive outdoor recreation.
5. 'Person' means any individual, industry, public or private
corporation, co-partnership, association, firm or :any
41, other entity whatsoever.
6. 'Public place' means any area used or held out for use
by the public whether owned or operated by public or
private interests.
7. 'Solid waste' means all putriscible and nonputriscible solid
and semi-solid wastes including, but not limited to, gar-
bage, rubbish, ashes, industrial waste, swill, demolition
and construction wastes and discarded commodities.
8. "State “wegulations' means the regulations duly promulgated
and adopted by the State Department of Ecology pursuant
to Chapter 34.04 of the Revised Code of Washington and
codified or prepared for codification as part of the
Washington Administrative Code.
9. 'Vehicle' means every device capable of being moved on
a street and in, upon or by which any person or property
is or may be transported, excepting devices moved by
human or animal power or used exclusively upon stationary
rails or tracks.
6.86.030 ca e ' sm No person shall
throw, drop, drop, deposit, discard or otherwise dispose of
litter on any street, alley, sidewalk or other public place
or upon a private residence or other private property not con-
trolled or owned by such person within the City of Yakima, or
in any body of water or waterway within the jurisdiction of
the City, except:
1. When such property is designated by the state, its
authorized agencies or by the City of Yakima for the
disposal of litter and solid waste; or
2. Into a litter receptacle or other container in such a
manner so that the litter will not be strewn or blown about
or otherwise carried away and deposited by the elements
upon any public place or private property of another; or
3. When the person disposing of the litter has prior consent
of the owner or person in possession of such property
and when the litter is deposited in such a manner so as
not to cause a public nuisance or to be in violation of
41, any other applicable law or regulation.
6.86.040 .Placement of litter receptacles.
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, and
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. .
in other similar public places of a quantity appropriate
to the need for such receptacles, all as specified by
and in accordance with state regulations.
B. Every person who owns or operates any establish-
ment or public place in which litter receptacles are
required by this section shall procure and place and main-
411 tain such litter receptacles on the premises, all as
specified by and in accordance with such state regulations;
and it shall be unlawful for any such person to fail
to so procure, place and maintain litter receptacles
as required by this section.
6.86.050 .Use of litter receptacles. 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 such litter receptacles be used for the disposal of other
solid waste accumulated in residences or places of business.
6.86.060 Damage of litter receptacle prohibited. It
shall be unlawful for any person to wilfully damage, deface
or destroy any litter receptacle.
6.86.070 Removal of litter from receptacle. It shall
be the responsibility of the person owning or maintaining
any public place where litter receptacles are placed pursuant
to this chapter to remove and dispose of litter from such
litter receptacles
6.86.080 Litter bags required in vehicles. The owner
and the person in possession of any vehicle shall maintain
a litter bag in such vehicle at all times; provided, litter
bags are not required on motorcycles, motor scooters and simi-
lar vehicles.
6.86.090 Sweepin: litter into .utter Prohibited. No
person shall sweep into or deposit in any gutter, street, alley
or other public place the accumulation of litter from any
building, lot or from any public or private sidewalk or drive-
way. Persons owning or occupying property shall keep the
sidewalks in front of their premises free of litter.
6.86.100 Distribution of handbills.
A. In public places. It is unlawful for any person
to distribute or hand out, or to deposit, place, throw
or scatter, or cause the same to be done by any person,
any commercial handbill or any device containing samples
of any patent medicine, foodstuffs.-or other product in
or upon any public sidewalk, street, alley, park or square,
or any other public place in the City of Yakima; provided,
111 it is not unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any non-commercial
handbill in any public place to any person willing to
accept such non-commercial handbill.
For purposes of this section, the term 'commercial
handbill' means any printed or written handbill, circular,
dodger, leaflet, pamphlet, card, picture, or other similar
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• .
item which advertises for sale any merchandise or product,
or which directs attention to any business establishment
or commercial activity for the purpose of either directly
or indirectly promoting the interests thereof by sales,
or 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
410 of private gain or profit or which is predominantly and
essentially an advertisement and is distributed or cir-
culated for advertising purposes or for .the private benefit
and gain of any person; provided, the term 'commercial
handbill' does not include any handbill or similar item
directing attention to any meeting, theatrical performance,
exhibition or other event where an admission fee is
charged for the purpose of defraying expenses incidental
to such meeting, performance, exhibition or event, and
where such meeting, performance, exhibition or event has
for its purpose the dissemination of information not
otherwise restricted or prohibited by law. For purposes
of this section, the term 'non-commercial handbill' means
any printed or written matter not included in the fore-
going definition of a 'commercial handbill'.
B. In vehicles. It is unlawful for any person to
place or deposit, or cause same to be done by any person,
any handbill, circular, dodger, leaflet, pamphlet, card,
picture, or any advertising matter of any kind whatsoever,
or .samples of any patent medicine, foodstuffs, or other
produce, in or upon any automobile or other vehicle not
his own in or on any street, alley or other public place,
or in or on any public or private parking lot or garage,
or on private property, except by the owner or occupant
of such private premises.
C. On private property. It is unlawful for any
person to distribute, deposit, scatter, throw, or other-
wise deliver or leave, or cause the same to be done by
any person, any handbill, circular, dodger, leaflet,
pamphlet, card, picture, or any advertising matter of
any kind whatsoever, or samples of any patent medicine,
foodstuffs or other produce, on or in any residence or
other private premises under any of the following cir-
cumstances:
1. When and where such residence or other private
premises are uninhabited or vacant; or
2.. •When or where there is fixed near the entrance of
such residence or other private premises a sign _
bearing the words 'No Trespassing', 'No Peddlers or
Agents', 'No Advertisement', or any similar notice
indicating in any manner that the occupants do not
desire to have their privacy disturbed or have any
such handbill or other similar material left upon
such premises; or
3. When and where the occupants of such residence or
other private premises otherwise in any manner notify
the person delivering, or causing to be delivered,
such handbill or other similar material that the occu-
pants do not desire to have the same delivered to
their premises.
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D. Deliverx_of handbills. It is unlawful for any
person to deliver, or cause the same to be done by any
person, any handbill, circular, dodger, leaflet, pamphlet,
card, picture, or any advertising matter of any kind
whatsoever, or samples of any patent medicine, foodstuffs,
or other produce, whether or not otherwise authorized
by this section, without placing and leaving the same
411 so as to secure or prevent it from being blown or drifted
about such premises or elsewhere, except that mailboxes
may not be so used when prohibited by federal postal
laws or regulations.
E. The provisions of this section shall not apply
to newsboys delivering newspapers to their customers
who request such delivery.
6.86.110 Penalt for violation. It shall be unlawful
for any person to commit an act prohibited by this chapter
or to fail to perform a duty when required to do so by the
terms of this chapter or otherwise to violate or fail to
comply with provisions of this chapter. Any person convicted
of violating any provision of this chapter shall be subject
to a fine of not less than Ten Dollars ($10.00) for each
offense, and each day during which any violation occurs or
continues shall constitute a separate offense for the purpose
of this section; provided, the maximum penalty to which a
violator may be subject for each separate offense shall not
exceed the maximum penalty provided by Section 6.05.050 of
the City of Yakima Municipal Code."
Section 2. Sections 6.04.255, 6.04.295,and 6.04.466 of the
City of Yakima Municipal Code are hereby repealed in their entirety.
Section 3. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as provided
by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this /
day ofILw , 1974.
Mayor
ATTEST:
110
City/Crerk /
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