003-07 - Ordinance - Amending Chapter 9.34 Littering by Adding a New Section Discarding of Potentially Dangerous Litter• 1.4 01 1 1
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 9.34
"LITTERING" BY ADDING A NEW SECTIONS REGARDING THE
DISCARDING OF POTENTIALLY DANGEROUS LITTER
WHEREAS, the Port Orchard City Council supports the need for a healthful, clean,
and beautiful environment within this state and within the City limits; and
WHEREAS, the proliferation and accumulation of litter discarded throughout the
City, especially potentially dangerous litter, impairs this need and constitutes a public health hazard;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,O
ORDAIN
SECTION 1. Port Orchard Municipal Code Chapter 9.34.010 is amended by adding
a new subsection (11) to read as follows:
9.34.010 Definitions.
For the purpose of this chapter the following terms, phrases, words
and their derivations shall have the meaning given herein:
(1) "Aircraft" is any contrivance now known or hereafter
invented, used, or designed for navigation or for flight in the air. The
word "aircraft" shall include, but is not limited to, helicopter and
lighter than air dirigibles and balloons.
(2) "Authorized receptacle" is a litter storage and collection
receptacle as authorized by the city of Port Orchard.
(3) "Commercial handbill" is any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, paper, booklet,
or any printed or otherwise reproduced original or copies of any
matter of literature which:
(a) Advertise for sale any merchandise, product, commodity, or
thing; or
(b) Directs attention to any business or mercantile or commercial
establishment, or other activity for the purpose of either directly or
indirectly promoting thereof by sales; or
(c) Directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purposes of private gain or profit; but the
terms of this clause shall not apply where an admission fee is
charged or a collection is taken up for purposes of defraying the
expenses incident to such meeting, theatrical performance,
exhibition, or event of any kind, when either of the same is held,
Ordinance No. 003-07
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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 welfare; provided,
that nothing contained in this clause shall be deemed to authorize the
holding, giving or taking place of any meeting, theatrical
performance, exhibition, or event of any kind, without a license,
where such license is or may be required by law of this state, or
under any ordinance of this city; or
(d) While containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or
distributor.
(4) "Garbage" is putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking, and consumption
of food.
(5) "Litter" is "garbage", "refuse", and "rubbish" as defined
herein and all other waste material which, if thrown or deposited as
prohibited in this chapter, tends to create a danger to public health,
safety, and welfare.
(6) "Newspaper" is any newspaper of general circulation as
defined by general law, any newspaper duly entered with the Post
Office Department of the United States, 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,
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) "Noncommercial handbill" is any printed or written matter,
any sample or device, dodger, circular, leaflet, pamphlet, paper,
booklet, or any printed or otherwise reproduced original or copies of
any matter of literature not included in the definition of a
"commercial handbill" or "newspaper".
(8) "Private premises" is any house, building, dwelling or other
structure, designed or used either wholly or in part for private
residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard,
grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such building, house, dwelling or other structure.
(9) "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.
(10) "Rubbish" is nonputrescible solid wastes consisting of both
combustible and noncombustible wastes such as paper, wrappings,
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cigarettes, tin cans, yard clippings, wood, glass, bedding, crockery,
and similar materials.
(11) "Potentially dangerous litter" means litter that is likely to
injure a person or cause damage to a vehicle or other property.
"Potentially dangerous litter" includes but is not limited to:
(a) Cigarettes, cigars, or other tobacco products that are
capable of starting a fire;
(b) Glass;
(c) A container or other product made predominantly or
entirely of glass;
(d) A hypodermic needle or other medical instrument
designed to cut or pierce;
(e) Raw human waste, including soiled baby diapers,
regardless of whether or not the waste is in a container of any sort;
and
(f) Nails or tacks.
SECTION 2. Port Orchard Municipal Code Chapter 9.34 is amended by adding a
new section .070 to read as follows:
9.34.070 Dangerous Litter.
It is a class 1 civil infraction as provided in RCW 7.80.120, as now or
hereafter amended, for a person to discard potentially dangerous
litter.
SECTION 3. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published in lieu
of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 26th day of March 2007.
ATTEST:
Michelle Merlino, City Clerk
KIM E. ABEL, MAYOR
Sponsored by:
Rick W , Council Member
R
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held March 26, 2007.
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AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
PORT ORCHARD MUNICIPAL CODE CHAPTER 9.34 "LITTERING" BY ADDING A
NEW SECTION REGARDING THE DISCARDING OF POTENTIALLY DANGEROUS
LITTER
Copies of Ordinance No. 003-07 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 003-07 will be
provided at a nominal charge.
City of Port Orchard
Michell?MerlinPo
City Clerk
Publish: Port Orchard Independent
March 31, 2007