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HomeMy WebLinkAbout5718ORDINANCE NO. 5 7 1 8 AN ORDINANCE of the City Council of the City of Auburn, Washington, amending Chapter 9.66 of the Auburn City Code, relating to nuisance/litter control WHEREAS, among the municipal functions with which the City of Auburn is involved are those involved in enforcing public health, safety and criminal codes; and, WHEREAS, as a part of those public health, safety and criminal codes are those relating to litter control; and, WHEREAS, in order to better enable the City to control litter, it would be advantageous to the City to adjust its litter control codes to incorporate some of the litter control tools available under state law, incorporating specific language patterned after RCW 70.93.060 but customized to suit the City's needs, rather than merely adopting the state law by reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION ONE. AMENDMENT TO CITY CODE. Chapter 9.66 of the Auburn City Code is amended to read as follows: Sections: 9.66.010 9.66.020 9.66.900 Chapter 9.66 Nuisances Unlawful depositing in refuse imcontainers. Litterinq prohibited--Penalties--Litter cleanup restitution payment. Statutes incorporated by reference. 9.66.010 Unlawful depositing in refuse iR-containers. It is unlawful for any person to dump or deposit garbage in garbage or refuse containers or next to garbage or refuse containers on the property of another where the result would be to increase or add to the garbage collection service needs of the owner of the property on which the garbage or refuse container is located. Violation of this Section shall constitute a misdemeanor. 9.66.020 Littering prohibited--Penalties--Litter cleanup restitution payment. (1) It is a violation of this section to abandon a iunk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the City or upon private property in the City not owned by him or her or in any body of water with in the City, whether from a vehicle or otherwise including but not limited to any public park, public highway, road, street, or alley except: Ordinance No. 5718 November22,2002 Page 1 (a) When the property is designated by the state of Washington, its aqencJes or political subdivisions, or municipalities incorporated under state law for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose; (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters. (2)(a) It is a civil infraction as provided in Chapter 1.25 of the Auburn Municipal Code for a person to litter in an amount less than or equal to one cubic foot. (b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater The court shall distribute one-half of the restitution payment to th~. landowner and one-half of the restitution payment to City for the support of its aw enforcement - litter control efforts. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the le,qal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter. (c) It is a qross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investiqatin.q the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency manaqinq the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter. (d) If a iunk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle. (3) It is also a civil infraction as provided in Chapter 1.25 of the Auburn Municipal Code for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire. 9.66.900 Statutes incorporated by reference. The following statute('sJ is/are incorporated in this Chapter by reference: RCW 9.91,130 (Disposal of trash in charity donation receptacle) (Ord. 5682 § I (part), 2002) Ordinance No. 5718 November 22, 2002 Page 2 SECTION TWO. FEE SCHEDULE ESTABLISHED. The fees and charges for services provided by the City are established as set forth on the list identified as the City of Auburn Fee Schedule, a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. In addition thereto, the City may hereafter establish or amend fees or charges for services provided by the City by Resolution. SECTION THREE. GENERAL SEVERABILITY. That if any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstances shall not be affected. SECTION FOUR. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. SECTION FIVE. EFFECTIVE DATE. That this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. ATTEST: Dam'Telle E. Daskam, City Clerk INTRODUCED: DE[; - 3 2002 PASSED: 13Fl':. - ~ 21)02 APPROVED: DEC - 21)1)2 PE'~ER-~-. LEWIS, MAYOR APPRCCY. ED ,a..~-~O FORM: D~iief-B. HeidT~ity Att~o~'ney ~.~ PUBLISHED: /~=,2-,¢¢ ~2_- Ordinance No. 5718 November 22, 2002 Page 3