HomeMy WebLinkAbout05 85
{!(?,: PItt? ~l t${s(,¿
l::" ^ :tJJ (,,[0d!!"
..~H'·_,;".~~ . C' ~ ~ ~ Lf '0-,) V
:: "t- - ~ ,.,:>,
. .:..
- ..
.
.
ORDINANCE NO. 5-85
AN ORDINANCE REGULATING LITTER CONTROL IN PUBLIC PLACES¡
REGULATING THE DISTRIBUTION OF HANDBILLS¡ PROHIBITING THE
THROWING OF LITTER FROM VEHICLES, WATERCRAFT OR AIRCRAFT¡
PROHIBITING DAMAGE OF LITTER RECEPTACLES¡ PROVIDING FOR
LITTER REMOVAL AND MANDATORY LITTER BAGS¡ PROVIDING FOR
COUNTY INSPECTION FOR LITTER CONTROL COMPLIANCE AND FOR
RECEPTACLES¡ PRESCRIBING ENFORCEMENT OFFICIALS AND PRO-
CEDURES¡ GENERALLY REGULATING AND PROHIBITING LITTER¡
AND PROVIDING PENALTIES.
WHEREAS, Ordinance VI, pertaining to proper disposal
of refuse was passed by the Board of County Commissioners on
the 19th of October, 1953, and
WHEREAS, there have been many changes in the State
laws regulating the proper disposal of litter which changes are
reflected in the Uniform Litter Control Code, and
WHEREAS, it would be in the b~st interests of the
citizens of this County to replace Ordinace No. VI with an
ordinance more closely conforming to said Code,
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Jefferson County, Washington:
SECTION ONE:
PURPOSE
The purpose of this ordinance is to accomplish litter control
in the County. This ordinance is intended to place upon all
persons within the County the duty of contributing to the
public cleanliness of the County and appearance in order to
promote public health, safety and welfare and to protect the
economic interests of the people of the County against unsani-
tary and unsightly conditions. It is the further intent of
this ordinance to protect the people against the health and
safety menace and the expense incident to littering.
SECTION TWO:
LITTER IN GENERAL
No per~on shall throw, drop, deposit, discard or otherwise
dispose of litter, as that term is defined in RCW 70.93.030(4),
upon any public place in the County or upon any private property
1
"JOL
';.1',.."
+- iJ¡.~
o 1e52
..; :".
. ,.'
not owned by him, or in any waters within the jurisdiction of the
County whether from a vehicle or otherwise, including, but not
limited to, any highway, street, alley, sidewalk, or park,
except:
(1) When such property is designated by the County or other
public authority for the disposal of garbage and refuse, and such
person is authorized by the proper public authority to so use
such property.
The duly designated locations as presently fixed
by the Board of County Commissioners are:
1.
The County Landfill located off Landfill Road in
the S 1/2 of S 1/2 of Section 8 and the N 1/2
of NW 1/4 of Section 17, Township 30 N, Range 1 W.
2.
Hadlock Drop Box Site located at the Hadlock gravel
pit in the SE 1/4 of the NE 1/4 of Section 11,
Township 29 N, Range 1 W, W.M.
Quilcene Drop Box Site - located at the E 560 feet
of NE 1/4 of NE 1/4 and E 560 feet of SE 1/4 of
NE 1/4 North of State Highway in Section 23, Town-
ship Township 27 N, Range 1 W, W.M.
..z:..~
Brinnon Drop Box Site - on D~ewallips Road in a
portion of the SE 1/4 of the NE 1/4, Section 17,
Township 25 N Range 2 W.
3.
4.
5.
Coyle Drop Box Site - at the intersection of the
Hazelpoint and Coyle Roads, a portion of the NW 1/4
of the SE 1/4 of Section 3,Township 26 N, Range 2 W
Clearwater Drop Box Site - 1 1/2 mi. W. of S.R.
101 on Clearwater Road, a portion of Gov. Lot 2,
Section 30N, Range 12W, W.M.
6.
(2) Into a litter receptacle or other container in such a manner
that the litter will be prevented from being carried away or
deposited by the elements upon any part of said public place or
any 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, rules or regulations.
\rnt
. 'fl;ll.,
11 r.\t~
2
"~O 1~53
t· ""
.............:;,.,.:-~..-. ~
~ -. .
. '
*..
SECTION THREE
LITTER RECEPTACLES
Placement
(1) Litter receptacles shall be placed in all places in respect
to the service of transient habitation including, but not limited
to, parks, trailers parks, 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.
(2) 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 County and state regulations.
Use of Receptacles
Litter receptacles placed as required above shall be used only
for such litter material as persons may have for disposal while
passing along the street or other public place and in no event
shall be used for the disposal of other solid waste accumulated
in residences or places of business.
Maintenance of Receptacles
It shall be the responsibility of the local municipality, agency
or person owning the receptacle to maintain and remove the litter
from same.
Damaging Receptacles
It shall be unlawful for any person to willfully damage or deface
any litter receptacle.
SECTION FOUR
MANDATORY LITTER BAGS
The owner or person in possession of all vehicles or watercraft
shall keep a litter bag or other suitable container in said
vehicle or watercraft at all times.
No person, while a driver or passenger in any vehicle or
watercraft, shall throw or otherwise deposit litter upon any
,~ . .:
3
VOl
11 fAGf
o 19fj~
.....
· .
property.
SECTION FIVE
SWEEPING LITTER IN 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, 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.
SECTION SIX
HANDBILLS
(1) No person shall throw or deposit any handbill upon any
public place within the County. Provided, however, that it shall
not be unlawful for any person to hand out, without charge to the
receiver thereof, any handbill to any occupant of a vehicle, or
to any other person who is willing to accept it.
(2) No person shall throw or deposit any handbill in or upon any
uninhabited or vacant private property.
Exemption for mail and newspapers.
The provisions of this
Section shall not apply to the distribution of mail by the United
States nor to newspapers 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 public place or upon other private property.
SECTION SEVEN
VEHICLE LOADING
(1) 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 and 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 the public authority having
jurisdiction for the same or by persons under contract or other
authorization by such public authority.
'Int
,''UI..
11 rA&£
4
o 1.955
,...--.......
1"'
-.
. .
(2) 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 highway or street
shall
immediately cause such public highway or street to be cleaned of
all such glass or other objects and shall pay any cost therefore.
SECTION EIGHT
VIOLATIONS
(1) Civil Penalties.
Any person who violates the provisions of
this ordinance shall be subject to a penalty in the amount of not
less than Fifty Dollars ($50.00), nor more than Two Hundred Fifty
Dollars ($250.00)
(2)
Gross Misdemeanor.
In addition to the penalty imposed in
subsection (1) above, any person who violates any provision of
this ordinance more than two times shall be guilty of a gross
misdemeanor, upon conviction thereof shall be punished by a fine
of not less than Fifty Dollars ($50.00) In addition thereto,
except where infirmity or age or other circumstances would create
a hardship, any such person shall be directed by the court in
which the fine is levied to pick up and remove litter from public
property, and/or private property - with prior permission of the
legal owner, for not less than eight hours nor more than sixteen
hours for each separate offense.
The court shall schedule the
time to be spent on such activities in such a manner that it does
not interfere with the person's employment and does not interfere
substantially with the person's family responsibilities.
SECTION NINE
ENFORCEMENT OFFICERS AND PROCEDURES
Enforcement of this ordinance may be by any law enforcement
officer.
All such enforcement officers are empowered to issue
citations to and/or arrest without warrant, persons violating the
provisions of this ordinance.
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
5
. VdL 11 rA~! t n :1956
,
,
:~ .....
~ -<I....... . __ ..
~ . t....
of residence of the offender shall be deemed as personal service
upon the person charged.
SECTION TEN
SEVERABILITY
If any section, word or words of this ordinance
are found to be
unconstitutional or otherwise invalid, such unconstitutionality
or invalidity shall not affect the remaining portions of this
ordinance.
SECTION ELEVEN
INTERPRETATION
In the event any other County ordinance, whether or not codified,
is in conflict with any of the terms of this ordinance, the more
stringent shall be construed as applicable.
Nothing in this ordinance shall be considered or construed to
lessen, or take from, the provisions of the City of Port Townsend
Ordiance 1138 or any subsequent ordinance passed by the City
pertaining to the collection of garbage.
SECTION TWELVE
EFFECTIVE DATE
This Ordinance shall take effect on
July 1, 1985
PASSED by the Board of County Commissioners of the
County of Jefferson, signed by the Commissioners and attested to
by the Clerk of the Board in authorization of such passage this
17th day of June 1985.
~LPM
JOHN L. PITTS, Chairman
~
)
B. G. BROWN, Mem er
Approved as to form:
6
~ VOL
11 i'A(;E
_'-:0".'
81m
\;.~¡'n.......:.._¿cL;" ... .... .-1-
.,~ -ffl:·...,~~ ..""..,~ ..,':I~;"""
'~.~f ...: "óf·.'MW.oí.... ..Ji;.ôf"
:'i':,P';'i/,~<,' "." :;'";'-,' "-':;>:',' <.:.", ' "':~ ,"~ -'"'-,,_;'-;-c.':;\:,:":"',c,,,,-i >4....,>,,"-,~.,' _i_"_,'.,,'
'''''4~~~,.!~'';.;;¡tr'~> . '."".
~l~:'::~~r~"~::-~~J~.fl~"~~'
be p....nted &om bet"g<orrièd 0.' ...........~'.'.I1t~c~..J1U8.'
<port ohoid ptìblkpt.c:w....~:~y. ~'.~'''.'-:.,' . JwltJ
F~J Wheitsuclt'penòft ~"-owMr"'''', . . ..'... ..~
petty, or hos prior çon....ohhe.~1þt ~.
property, or unless· . .
ten_Fond.
'.iOL
11 fA()~
o 1949
.<' ._-~..-.--""".~.~-.,,----,-", ~ .-.- .,.--.-.....'----- --~~.".~---"..-
~-.........
Affidavit of Publication
STATE OF WASHINGTON) s
COUNTY OF JEFFERSON) s
FRANK W. GARRED. being sworn. says he is the publisher of the
Port Townsend Leader. 0 weekly newspaper which has been
established. published in the English language and circulated con-
tinuously os 0 weekly newspaper in the town of Port Townsend. In
said County and S'a'e. and for generol circula'ion in said county
for more 'han six (6) months prior to the do'e of 'he firs' publica-
tion of the No'ice hereto allached. and 'ha' 'he said Port Town-
send Leader was on 'he 21'h day of June. '941. approved os 0
legal newspaper by the Superior Court of said Jefferson County,
and that annexed is 0 true copy of the
Notice of hearing on adoption
of litter control ordinance
Jefferson County Commissioners
os it appeared in the regular and en'ire issue of said paper itself
and no' in 0 supplemen' thereof for 0 period of
one
consecutive weeks. beginning on the
29th
It/lay
day of
85
.19 _.
and ending on the
29th
day of
May
85
19_. and that said newspaper was regularly distributed
'0 its subscribers during 011 of 'his period, Tho' 'he full amount of
292.60 /'
$ has been paid in full,at the ra' 'øf $3.80 per col·
umn inch for each i!!- lon, I .'
5 b ,bed d ..:~.____~. ·····..jth
U SCrl an sworn!o D~'!. me "nl"" ~ ./ ""
day of
June
"" --~,.~- ~ ~
:85~ _.- -~ "0... /.-:..
."" -' -- . - /-
¥i:-tt::j :?;.X~/~~lé /i,
; v~ i/._ ..../" ':~_~ .. _ ok.
:;. './ .., - -i'tokrry Pqbli~ .;; .áncHoi~he S'ate of
~ . :"'os.hill.Qtpl). resl~g .>f~, Townsend
~;,,__,~ ,/ ."~:.:_._ ~"""", ~ ":.r
/.--;..../, "':
~/; II,~ t: '
~, -.,'
VOL
11 rMJ~
o 1950
, 1 ~,
~ VOL 11 rAGE 0 1951