HomeMy WebLinkAbout4276n
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28,
29
30
31
32
ORDINANCE NO. 4 2 7 6
AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 8.16 ENTITLED "LITTER"
TO PROVIDE EFFECTIVE CIVIL ENFORCEMENT PROVISIONS INCLUDING
CIVIL PENALTIES.
WHEREAS, it is the intent of the City Council to prevent and desist the
dumping of litter within the City which affects the health and welfare of the
community; and
WHEREAS, the amendment of Chapter 8.16 entitled "Litter" will include
provisions to encourage compliance with the ordinance; and
WHEREAS, the City Council has the authority to adopt legislation to pro-
mote the public health, safety and welfare pursuant to RCW 35A. 11.020;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, DO ORDAIN AS
FOLLOWS:
Section 1. That the following section is hereby added to Chapter 8.16
entitled "Litter", as follows:
8.16.015 PURPOSE.
The purpose of this chapter is to accomplish litter control in the
City of Auburn. This chapter is intended to prevent and desist unlawful
dumping and littering in the City 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 public expense
caused by littering.
Section 2. That the following subsections of Section 8.16.020, entitled
"Definitions", contained in Chapter 8.16 entitled "Litter", passed by Ordinance
No. 1497 in 1962, be amended as follows:
----------------------
Ordinance No. 4276
Page One
4/27/88
2
3
4
5
6
7
M
9
10
11
12
13
14
0M
0X-1
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
8.16.020 DEFINITIONS.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given in this
section.
A. "Aircraft" is any contrivance now known on hereafter invented,
used or designated for navigation or for flight in the air.
"Aircraft" includes helicopters and lighter -than -air dirigibles
and balloons.
B. "Authorized private receptacle" is a litter storage and collec-
tion receptacle as required and authorized by Section 8.08.070
of this title.
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 which:
1. Advertises for sale any merchandise, product, commodity
or thing; or
2. 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. 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 subdivision 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 sub-
division shall be any meeting, theatrical performance,
exhibition or event of any kind without a license,
where such license is or may he required by any law of
this state, or under any ordinance of this city; or
4. While containing reading matter other than advertising
matter, is predominantly and essentially an adver-
tisement, and is distributed or circulated for adver-
tising purposes, or for the private benefit and gain of
any person so engaged as advertiser or distributor.
D. "Garbage" is putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
----------------------
Ordinance No. 4276
Page Two
4/27/88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
E. "Enforcing Authority" shall be the Director of Public Works or
his designee who is authorized and directed to carry out the
provisions of Section 8.16 et seq.
F.((E-0) "Litter" is "garbage", "refuse" and "rubbish", as defined in
this section and all other waste material which, ((if threwn
e*)) is deposited as prohibited in this chapter and tends to
create a danger to public health, safety and welfare.
G.((-F:))"Newspaper" is any newspaper of general circulation as defined
by general law, any newspaper duly entered with the United
States Postal Service, 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, means and includes any periodical or current magazine
regularly published with not less than four issues per year, and
sold to the public.
H.((£r))"Noncommercial handbill" is 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 litera-
ture not included in the definitions of a commercial handbill or
newspaper.
I.(�+4—.1)"Park" is a park, reservation, playground, beach, recreation
center or any other public area in the city, owned or used by
the city and devoted to active or passive recreation.
J.((4-0)"Private premises" is any dwelling, house, building or other
structure designed or used either wholly or in part for private
residential purposes, or for commercial purposes whether inha-
bited or temporarily or continuously uninhabited or vacant, and
includes any yard, grounds, walk, driveway, porch, steps, vesti-
bule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
K.((-0—.))"Public place" U-4-W means and includes any and all streets,
avenues, ways, sidewalks, boulevards, alleys or public
rights -of -ways, planting and parking strips, squares, triangles
whether open to the use of the public or not, and the space
above or beneath the same((—.)), and all public ,,parks;
square-s_) spaces, grounds and buildings.
L.((-K-.))"Refuse" is all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market
and industrial wastes.
M.((l—))"Rubbish is nonputrescible solid wastes consisting of both com-
bustible and noncombustible wastes, such as paper wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood,
glass, bedding, crockery and similar materials.
--------------------
Ordinance No. 4276
Page Three
4/27/88
to
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
N.((#-.-))"Vehicle" is every device in, upon or by which any person or
property is or may he transported or drawn upon a highway,
including devices used exclusively upon stationary rails or
tracks.
Section 3. That Section 8.16.030 as passed by Ordinance No. 1497 in
1962, is hereby repealed and a new Section 8.16.030 is passed to read as
follows:
8.16.030 UNLAWFUL DUMPING OR LITTERING.
A. It is unlawful for anyone to dump, throw, or deposit, any
litter on any property, public or private, vacant or
occupied, or any public place except in garbage cans, or
detachable containers where authorized, or in bundles as
described in this chapter, placed on private property or
placed on the street or alley for collection when necessary,
authorized, or required, or upon or at a refuse disposal,
processing, or recovery site designated by the City. The
owner, tenant or other person responsible for the condition
of private property may be responsible for removing any
litter provided that, the owner shall only be subject to
civil penalties for non compliance.
Section 4. That new sections 8.16.031, 8.16.032, 8.16.033 are added to
the Auburn City Code to read as follows:
8.16.031 UNLAWFUL USE OF LITTER RECEPTACLES.
It shall be unlawful to place refuse accumulated on private pro-
perty, or burning or smoldering materials, or dead animals, in any
receptacle provided by the City for refuse disposal; nor shall the
contents of any such receptacle be removed or disturbed by anyone
except as authorized by the Director of Public Works or his
designee.
8.16.032 BUSINESS CONDUCTED ON PUBLIC PROPERTY --USE OF CITY RECEPTACLES
PROHIBITED.
It shall be unlawful for anyone conducting business on public pro-
perty to deposit refuse accumulated in the course of such business
in any receptacle on public property which has been provided by the
City for refuse disposal.
8.16.033 ACCUMULATION OF LITTER ON PLANTING STRIP OR SIDEWALK.
It shall be unlawful for the owner or occupant of abutting private
property to allow the accumulation of litter on sidewalks or
planting strips, whether such litter is deposited by such owner or
occupant or not. This provision shall not apply to the law enforce-
ment officer when removing the contents of a building to the
sidewalk or planting strip pursuant to an eviction ordered by the
Superior Court, or to firefighters placing debris on the sidewalk or
planting strip in the course of extinguishing a fire or explosion.
-----------------------
Ordinance No. 4276
Page Four
4/27/88
04
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 5. That Section 8.16.200 through 8.16.230, as passed by
Ordinance No. 1497 in 1962, are hereby amended to read as follows:
8.16.200 REMOVAL FROM (( ANT)) PRIVATE'PROPERTY - NOTICE.
The (( r)) enforcing authority is authorized
and empowered to notify the owner of )) pri-
vate property within the city or the agent of such owner to
properly dispose of litter located on such owner's property
which is dangerous to public health, safety or welfare. This
provision shall not apply if the person responsible for to
condition is not the owner, and if the City knows the identity
of the person responsible. The City shall issue notice to the
person responsible if the identity is known. Such notice shall
be ,
address.)) issued as provided in Section 8.16.240.
8.16.210 REMOVAL FROM ((VACANT)) PRIVATE PROPERTY - CITY ACTION.
Upon the failure, neglect or refusal of any owner or agent, or
the person responsible so notified to properly dispose of
litter dangerous to the public health, safety or welfare within
(( )) the time for compliance
provided in the written notice provided in Section 8.16.240, or
within twenty-four hours after the date of such notice in the
event the same is returned to the city post office department
because of its inability to make delivery thereof, provided the
same was properly addressed to the last -known address of such
(( )) notified person, the (( ))
enforcing authority is authorized and empowered to pay for the
disposing of such litter or to order its disposal by the city.
8.16.220 REMOVAL FROM (( AGANT)) PRIVATE PROPERTY BY CITY -
COSTS LIABILITY.
When the city has effected the removal, the actual cost thereof,
and fifteen percent (15%) plus accrued interest at the rate of
six percent per year from the date of the completion of the
work, if not paid by such owner prior thereto or the person
responsible,shall be charged to (4 ))
such notified person and the charge shall be due and payable by
the ((ewner; person at the time of receipt of such bill.
8.16.230 REMOVAL FROM ((VAGA#T-)) PRIVATE'PROPERTY BY CITY -
LIEN -FOR 'CHARGE OF NONPAYMENT.
Where the full amount due the city is not paid by such ({ewner)1
notified person within thirty days after the disposal of such
litter, as provided in Sections 8.16.200 and 8.16.210, or if
no bill is rendered because the person responsible or the pro-
perty owner cannot be found, then, in that event, the
(( )) enforcing authority in the name of the
city, may file a lien therefor against the property, which lien
shall be in the same form, filed with the same officer and
within the same time and manner and enforced and foreclosed as
is provided by law for liens for labor and material.
----------------------
Ordinance No. 4276
Page Five
4/27/88
1
2
3
4
5
6
7
8
9
10
11
12.
131
14.
0&1
W-72
17
18
19
20
21
22
23
24
25
26
27
28
29
"s
311
32
Section 6. That Section 8.16.240, as passed by Ordinance No. 1497, in
1962, is hereby repealed and that a new Section 8.16.240 is hereby added to
read as follows:
8.16.240 ACCUMULATION OF LITTER - GENERAL NOTICE OF VIOLATION.
A. If after investigation the enforcing authority determines
that Section 8.16.030 has been violated, the enforcing
authority may have a notice of violation served upon the
owner, tenant or other person believed to be responsible
for the condition. The notice shall be served by personal
service or by United States mail addressed to the last
known address of the owner, tenant or other person respon-
sible for the condition. The notice shall state separately
each violation of Section 8.16.030 and what
corrective action is necessary to comply with that section.
A reasonable time for compliance shall be established in
the notice.
B. The notice of violation shall not be amended by the
enforcing authority to include additional violations as a
result of any reinspection for compliance or other purpose
except upon a clear showing that the amendment is necessary
for the protection of public safety, health and general
welfare and that the additional violation did not exist or
could not reasonably have been discovered at the time of
original inspection.
Section 7. That new Sections 8.16.250, 8.16.260, 8.16.270, 8.16.280 are
added to the Auburn City Code to read as follows:
8.16.250 'TIME'TO COMPLY.
When calculating a reasonable time for compliance, the
enforcing authority shall take into consideration:
A. The type and degree of violation cited in the notice;
B. The intent of a responsible party to comply if an intent
has been expressed.
8.16.260 EXTENSION OF COMPLIANCE DATE.
An extension of time for compliance with a notice of violation
may be granted in writing by the enforcing authority upon
receipt of a written request therefor. The enforcing authority
may without a written request grant an extension of time after
finding that required actions have been started and that the
work is progressing at a satisfactory rate.
-------------------
Ordinance No. 4276
Page Six
4/27/88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
8.16.270 CIVIL PENALTY.
A. In addition to any other sanction or remedial procedure
which may be available, any person failing to comply with a
notice of violation of Section 8.16.030 shall be subject to
a cumulative penalty in the amount of Fifty Dollars
($50.00) per day for each violation from the date set for
compliance until the notice of violation is complied with;
provided persons failing to comply with a notice of viola-
tion in connection with a venture entered into for profit
shall be subject to a cumulative penalty in the amount of
One Hundred Dollars ($100) per day.
B. The penalty imposed by this section shall be collected by
civil action brought in the name of the City and commenced
in the District Court. The enforcing authority shall
notify the City Attorney in writing of the name of any per-
son subject to the penalty and the amount of the penalty
and the City Attorney shall, with the assistance of the
enforcing authority, take appropriate action to collect the
penalty. If the City prevails, it shall he entitled to its
costs and reasonable attorneys fees.
C. Whenever litter deposited, thrown, or placed in violation
of Section 8.16.030 contains three or more items bearing
the name of one individual, or whenever a motor vehicle or
trailer used in the activity is identified by its license
plate, it shall be presumed that the individual whose name
appears on the items or to whom the vehicle or trailer is
registered committed the unlawful act. The person shall
have an opportunity to rebut the presumption and may show
as full or partial mitigation of liability:
1. That the violation giving rise to the action
was caused by the willful act, neglect, or
abuse of another; or
2. That correction of the violation was commenced
promptly upon receipt of the notice thereof, but
that full compliance within the time specified
was prevented by inability to obtain necessary
labor, inability to gain access to the subject
property, or other condition or circumstances
beyond the control of the defendant.
8.16.280 REMOVAL 'FROM PRIVATE"PROPERTY - BY OWNER
A. When the owner has effected the removal of litter from the
owner's property as a result of another person's failure to
comply with a notice of violation, the penalty shall
include the owner's actual cost of removal plus fifteen
percent (15%).
B. The penalties imposed by this section shall be collected by
civil action in the manner provided in Section 8.16.270 (B).
--------------------
Ordinance No. 4276
Page Seven
4/27/88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 8. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 9. This Ordinance shall take effect and be in force five (5)
days from and after its passage, approval and publication, as provided by law.
INTRODUCED: MAY 2, 1988
PASSED: MAY 2, 1988
APPROVED: MAY 2, 1988
MA OR
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Margue ite Schellentrager, City Attorney
PUBLISHED: MAY 11, 1988
--------------------
Ordinance No. 4276
Page Eight of Eight
4/27/88
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the
City of Auburn, a Municipal Corporation and Code City, situate in the
County of King, State of Washington, do hereby certify that the foregoing
is a full, true and correct copy of ordinance No. 4276 of the ordinances of
the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4276 was duly passed by the Council
and approved by the Mayor of the said City of Auburn, on the 2nd day of May
A.D., 1988.
I further certify that said Ordinance No. 4276 was published as pro-
vided by law in the Valley News, a daily newspaper published in the City of
Auburn, and of general circulation therein, on the 11th day of May
A.D., 1988.
WITNESS my hand and the official seal of the City of Auburn, this 24th
day of May A.D., 1988.
CITY CLERK OF THE CITY OF AUBURN