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HomeMy WebLinkAboutORD 1700L - r.. . Amended by Ordinance #4324, 4686 � ORDINANCE N0. �00 y 79R,ORIGINAL. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROHIBITING THE THROZ,,JING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF RENTON; REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LIEN FOR CITY CLEARANCE; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTOIT, as follows: y SECTION I: This Ordinance shall be known and may be cited as the ieCITY OF RENTUN ANTI -LITTER ORDIVANCE". SECTTai4 II: Definition_,, For the purposes of this Ordinance the following term:, phrases, words, and their derivations shall have the meaning given herei:ri. When not inconsistent with the context, wcrc?s used in the pres- ent tense include the future, words used in the plural nu -tuber include the sing- ular number, and words used in the singular number include the plural number. The work 17shal11e is always mandatory and not merely directory. (1) flAircraft" is any trivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter -than -air dirigibles and balloons. (2) 44Authorized receptacle" is a litter storage and collection re- ceptacle as authorized in the City of Renton. (3) "Commercial Handbills' 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: (a) Which advertises for sale any merchandise, product, commodity, or thing; or (b) Which directs attention to any business or mercantile or commercial. establislment, or other activity, for the pur- pose of either.• directly or indirectly promoting the in- terest thereof by sales; or (c) Which directs attention to or advertise any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is ch&rged for the purpose of private gain or profit; but the tarms of this clause shall not apply where an admission fee is charged or a ­.ollection is taken up for the purpose of do"rayix_g the expenses in- :ident to suc" m-!67 -:.rig, theatrical. per::C'"r. iibit•7 -ir evert of 1 .-D-d; when either of the saiue. __.. c,'.d, gi -en or take. ;;_'arc i°:. c:)nnection with the dissemination of in-, formation wh((.;:i i.c not restricted under the ordinarj rules of decency, Food mw.gals, public peace, safety and good order; Provided, th�.J'j nutting contained in this clause shall be deemed to au'L:crize the holding, giving or taking place of any meeting, ':eatrical performance, exhibition, or event of any kind, wit!.%out a license, where such license is or may be required by any law of this State, or under any ordinance of the City of Renton; or (d) Which, while containing reading matter other than adver- tising matter., is predominantly and essentially an ad- vertisement, --lnd is distributed or circulated for advertising purposes, or "nr the private benefit and gain of any person so engaged as advertiser or distributor. (4) ttGarbage9l is -.-,latrescible animal and vegetable wastes resulting from the handling, prep�.ration, cooking and consumption of food. (5) "Litter" is 11<a,rbages?, ierefuse,11 and "rubbish" as defined here- in and all other waste i.aterial which, if thrown or deposited as herein prohibited, tends to crate a danger to public health,, safety and.welfare. - 1 - (6) "Newspaperit is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Of- fice Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided be 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. (7) Mon -Commercial Handbill" is any printed or written matter, any sample, or device, -dodger, circular, leaflet, pamphlet, news- paper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not in - eluded in the aforesa.d definitions of a commercial he ndbill or newspaper. (8) f'Park" is a ;park, reservation, playground, beach, recreation center or any other public area in the City of Renton, owned or used by the City and devoted to, active or passive recreation. (9) OPerson" is any person, firm, partnerships association, corporation, company or organization of any kind, (10) "Private Premises" is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residen- tial purposes, whether inhabited or temporarily or eontinuously.uninhabit- ed or vacant, and shall include any yard, grounds, walk, driveway, porch, steps$ vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. (11) ItPub7.ic Placeit is any and all streets, sidewalks, boulevards, alleys or other -public ways and any and all public parks, square, spaces, grounds, and buildings. (12) "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street clean- ings, dead animals, abandoned automobiles, and solid market and in- dustrial wastes. (13) 'FRubbish" is nonputrescible solid wastes consisting of both combustible and non-conbustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. (14) "Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. SECTION III: Litter in Public Places. No -person -shall throw or de- posit litter in or upon any stie-et, sidewalk, alley, or other public place within the City of Renton except in public receptacles or in authorized priv- ate receptacles for collection. SECTION IV: Placement of Litter in Receptacles so as to Prevent Scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, alley, sidewalk, or other public place. SECTION V: Sweeping Litter Into -Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the City of Renton the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying prop- erty shall keep the sidewalk in front of their premises free of litter at all times. SECTION VI: Merchantsy 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 otht�., public place within the City of Renton the accum- ulation of litter from arty building or lot or from any public or private side- walk or driveway. Persons owning or occupying places of business within the City of Renton shall keep -:he sidewalk in front of their business premises free of litter. SECTION VII: Litter Thrown by Persons in Vehicles. No person while a driver or passenger in a vehicle, shall throw or deposit .Litter upon any street or other public place within the City of Renton. -2.. 1. I SECTION VIII: Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the City of Renton unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the City the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind. SECTION IX: Litter in Parks. No person shall throw or deposit lit- ter in any park within the City of Renton except in public receptacles and in such a manner that the litter will be prevented from tieing carried or de- posited by the elemente, t:ron any part of the park or upon W street or other public place. Where publia receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. SECTION X: in Lakes and Fountains. No personshall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhf-_re within the City of Renton. SECTION XI: Throizng.or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or non-commercial hand. bill in or upon any sidewa_'i, street or other public place within the City of Renton. Nor shall any pi�.�.7on hand out or distribute or sell any commercial handbill in arq public pl-.ce. Provided, however, that it shall not be unlaw- ful on any sidewalk, street, or other public place within the City of Renton for any person to hand oie, or distribute, without charge to the receiver there- of, any non-commercial hwidbill to any person willing to accept it. SECTION XII: Placing Commercial and Non -Commercial Handbills on Vehicles. No person shall throw or deposit any commercial or non-commercial handbill in or upon any vehicle. Provided, however, that it shall not be un- lawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle who is willing to accept it. SECTION XIII. Depositing Commercial and Non -Commercial Handbills on Uninhabited or Vacant PrPm-ises. No person shall throw or deposit any commer- cial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. SECTION XIV: Prohibiting Distribution of -Hand bills Where Properly Posted. No person shall throw, deposit or distribute any commercial or non- commercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on said premises in a conspicuous posi- tion near the entrance thereof, a sign bearing the words: "No Trespassingf', "No Peddlers or Agents"s Mo Advertisement Its or any similar notice, indicat- ing in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or tc nave any such hand- bills left upon such premises. SECTION XV: Distributing Commercial and Non -Commercial Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this Ordinance, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill. prom being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so pro- hibited by Federal postal law or regulations. (a) Exemption for Mail and Newspa-pers. The provisions of this Section shall not apply* to the distribution of mail by the United States, nor to newspapers (as defined herein). SECTION XVI: Dropping Litter from Aircraft. No person in any air- craft shall throw out, drop or deposit within the City of Renton any litter, 'Andbill or any other object. SECTION XVII: Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree,, -3- -or upon, any. public structure or building, except as may be authorized or re- quired by law. SECTION XVIII: Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the City of Renton, whether owned by such person or not, except that the owner or person in control of private property may 4►aintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. SECTION XIX: Owner to Maintain Premises Free of Litter. The owner or person in control of a..ly private property shall at all times maintain the premises free of litter, Provided, however, that this Se:stion shall not pro- hibit the storage of lit"Var in authorized private receptacles for collection. SECTION XX: L.`;er on Vacant Lots. No person shall throw or deposit litter. on any open or vas ,.:at private property within the City of Renton whethc , owned by such person or n•.) SECTION XXI: C"I.oaring of Litter from. Open Private. Property by City. (a) Notice to Tfiove. The Building Inspector is hereby authorized and empowered to not_.fy the owner of any open or vacant private property within the City of Renton 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. Such notice shall be by Registered Mail, addressed to said owner, at his last known address. (b) Action Upon Non -Compliance. Upon the failure, neglect or re- fusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within five days after receipt of written notice provided for in sub -section (a) above, or within seven (7) days after the date of such notice in the event the same is returned to the City Post Office Department because of its in- ability to make delivery thereof, provided same was properly addressed to the last known address of such owner or agent, the Building Inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City of Renton. When the City of Renton has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six per cent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property and said charge shall be due and payable by said owner within ten (10) days after presentation of such bill. (c) Lien for Disposal Service. Where the full amount due the City is not'paid by such owner within thirty (30) days after the disposal of-, such litter, as provided for hereinabove, then in that case the City by and through its duly authorized officials shall cause to be recorded in the King County Auditor's Office a sworn statment showing the cost and expense incurred for the work, the date the work was done, and the loca- tion of the property on which said work was done, and the legal descrip- tion of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on said property and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. Said disposal service lien shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it with the County Auditor except the lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. SECTION XXII: Penalties. Any person violating any of the pro- visions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding One Hundred Dollars ($100.00) or be imprisoned in the City jail for a period not exceeding thirty (30) days or by both such fine and imprisormient. Each day such violation is committed or permitted to continue shall con- stitute a separate offense and shall be punishable as such hereunder. SECTION XXIII. Separability. If any clause, phrase or portion of this Ordinance is or unconstitutional by any court of competent be deemed a separate, distinct and independent shall not affect the validity of the remaining -4- section, subsection, sentence, for any reason held invalid jurisdiction, such portion shall provision and such holding portions hereof. SECTION XXTV. Ordinances Repealed. All ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED BY THS CITY COUNCIL this ,, g!4; day of October, 1958. t 4665� f" - E. L. Alexander, City Clerk APPROVED B3' THE MAYOR this � � day of October, 1958. 94,R- a 4-4-� Jo4 JR. Ba: mer, :a;,ror APPROVED AS `M FORM: Gerard M. She] ].an, City L 'orney - 5 -