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INTRODUCED BY: CONSENT
PROPOSED BY: Public Works
DATE INTRODUCED: April 16, 1987
ORDINANCE NO. 87 -24
AN ORDINANCE ESTABLISHING LITTER CONTROL
WITHIN THE UNINCORPORATED AREAS OF WHATCOM
COUNTY AND PROHIBITING UNLAWFUL DEPOSIT OF
REFUSE ON PUBLIC AND PRIVATE PROPERTY AND
COUNTY RIGHTS -OF -WAY AND EASEMENTS.
WHEREAS, Whatcom County has responsibility for the protection of the
public health, safety and disposal of solid waste within Whatcom County; and
WHEREAS, Whatcom County has approved a County Solid Waste Plan; and
WHEREAS, Whatcom County does provide approved disposal sites for the
disposal of putrescible garbage and refuse, construction debris, and unbur-
nables; and
WHEREAS, Whatcom County expended public funds for removal of litter
along county roads, rights -of -way, and easements;
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council deems it
necessary for the public health and safety of the citizens of Whatcom County to
establish litter control and prohibit unlawful disposal of refuse, garbage, and
debris along county roads and on county rights -of -way, easements and private
property.
SECTION 1. - Purpose
The purpose of this ordinance is to accomplish litter control within
the unincorporated areas of Whatcom County on county roads, rights -of -way,
county -owned property, and private property and to conduct a permanent, con-
tinuous program to control and remove litter from county roads, rights -of -way,
County -owned property and private property to the maximum practical extent
possible, to increase public awareness of the need for litter control throughout
the unincorporated areas in the county, and to provide penalties for violations
by any person or persons unlawfully depositing litter in unauthorized areas in
the county.
SECTION 2 - Definitions
For the purposes of this chapter, the following terms, phrases, words,
and their derivations, shall have the meanings given in this section. When not
inconsistent with the context, words used in the present tense include the
future, words used in the plural number include the singular number, and words
used in the singular number include the plural number. The word "shall" is
always mandatory and not merely directory.
A. "Authorized disposal site" means a site approved and designated by
the Whatcom County Council.
ORDINANCE - 1.
Date drafted: 4/9/87
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B. "County" means the unincorporated areas of Whatcom County.
C. "Garbage" means putrescible animal and vegetable waste resulting
from the handling, preparation, and consumption of food
D. "Litter" means garbage, refuse and rubbish.
E. "Refuse" is all putrescible and nonputrescible solid waste, except
body waste, including garbage, rubbish, ashes,'street cleaning, dead animals,
abandoned automobiles, and solid market and industrial wastes.
F. "Rubbish" means non - putrescible solid waste consisting of both
combustible and noncombustible wastes such as paper, wrapping, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and
similar materials.
G. "Vehicle" means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway.
H. "Health hazard" as defined by the Health Department.
I. "Fire hazard" as defined by the Uniform Building Code and the
County Fire Marshal.
J. "Water craft" means any boat, ship, barge or other floating craft.
SECTION 3 - Control at Construction Sites
A. No individual or person in charge of a construction site shall
cause or allow any litter from the site to be deposited by the elements or
otherwise upon any adjacent public or private property.
B. During such time as the construction site is not actually being
used, all litter shall be stored or deposited in a container or receptacle to
the extent practicable in such a manner as to prevent the litter from being
deposited upon adjacent property by the elements or otherwise and to prevent
unsightly piles of litter; provided, that nothing in this section shall be
construed as permitting unsightly piles of litter to accumulate on the premises
should insufficient containers or receptacles be available.
SECTION 4 - Sweeping or Depositing of Litter on Public Rights -of -way
No person shall sweep or deposit in any ditches, traveled way, or
public place within the county the accumulation of litter from any public or
private property. Persons owning or occupying private property shall keep the
widewalks or walkways in front of their premises free of litter.
SECTION 5 - Throwing From Vehicles Prohibited
No person shall throw or deposit litter on any county roads or on pri-
vate property while driving or a passenger in a vehicle.
SECTION 6 - Deposit in Parks Prohibited
No person shall throw or deposit litter in any park within the county
except in approved public receptacles and in such a manner that the litter will
be prevented from being carried or deposited by the elements upon any part of
the park or upon any road or other public place. Where receptacles are not
allowed, all such litter shall be carried away and properly disposed of in
County- approved disposal sites.
SECTION 7 - Deposit in Water Prohibited
No person shall throw or deposit litter in any pond, lake, stream,
Iriver, bay, or other body of water in a park or elsewhere within the county.
(ORDINANCE - 2.
Date drafted: 4/9/87
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SECTION 8 - Deposit on Private Property Prohibited
No person shall throw or deposit litter on any occupied or unoccupied
property within the county, except the owner of the property may deposit rubbish
on his /her property as long as it does not create a health or safety hazard.
Also the owner or person in control of the private property may maintain
authorized private receptacles or obtain authorized permits from the Health
District.
SECTION 9 - Placing or Depositing Handbills Prohibited
No person shall throw or deposit commercial or noncommercial handbills
or papers on any public property or uninhabited or vacant private property.
SECTION 10 - Abatement by County Notice to Remove
The County is empowered to notify the owner of any open or vacant prig
vate property within the unincorporated areas of the county, or the agents of ,
such owner, to properly dispose of litter located on such owner's property which
is dangerous to public health, safety and welfare. Such notice shall be by
registered or certified mail marked "deliver only to addressee and show to whom
and date delivered," addressed to the owner at his last known address; or such
notice may, in the alternative, be personally served.
SECTION 11 - Abatement by County - Action Upon Noncompliance
Upon the failure, neglect, or refusal of any owner or agent so notified
to properly dispose of litter dangerous to the public health, safety, or welfare
within ten days after receipt of written notice or within ten days after the day
of such notice in the event the same is returned to the County because of post
office inability to make delivery thereof, provided the same was properly
addressed to the last known address of such owner or agent, the County is
authorized and empowered to pay for the disposing of such litter or to order its
disposal by the County or others.
SECTION 12 - Abatement by County - Civil Debt
When the County 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 percent per year from the date.of the completion of the work, if not
paid by the owner thereof, shall become a civil debt owed to the County.
SECTION 13 - Abatement by County Constitutes Lien
Where the full amount due the County is not paid by the owner within 30
days after disposal of the litter, as provided herein, and in that case the
County may cause to be recorded in the Whatcom County auditor's office,
Courthouse, Bellingham, Washington, a sworn statement showing the costs and
expense incurred for the work, the date the work was done, and the location of
the property on which the work was done. The recordation of the property on
which the work was done. The recordation of such sworn statement shall consti-
tute a lien and privilege on the property and shall remain in full force and
effect for the amount due in principal and interest, plus costs of court, if
any, for collection, until final payment has been made. The costs and expenses
shall be collected in the manner fixed by law for the collection of civil debts
owed to the County. Sworn statements recorded in accordance with the provisions
of this section shall be prima facie evidence that all legal formalities have
been complied with and that the work has been done properly and satisfactorily,
and shall be full notice to every person concerned that the amount of the state-
ment, plus interest, constitutes a charge against the property designated or
described in the statement and that the same is due and collectible as provided
by law.
ORDINANCE - 3.
Date drafted: 4/9/87
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SECTION 14 - Assessments, Fines and Forfeitures
All funds collected or received pursuant to this ordinance shall be
deposited in the Road Fund for reimbursement to the fund for the removal or
cause of removal of litter and debris from county rights -of -way or private
property.
SECTION 15 - Violations and Penalties
Any person violating the provisions of this ordinance shall be guilty
of an infraction and fine for such violation shall not be less than $47 for each
offense. In addition thereto, except where infirmity or age or other cir-
cumstances would create a hardship, such person or persons may be directed by
the court making the finding to pick up and remove from any public place or pri-
vate property, with prior permission of the legal owner, for not less than eight
hours nor more than 16 hours for each separate offense. The court shall sche-
dule the time to be spent on such activities in such a manner so that it does
not interfere with the person's employment or family responsibilities.
SECTION 16 - Probable Cause for Violation
Any litter found to have three pieces or more of litter to identify the
location of origin of the litter, would be sufficient evidence to issue a sum-
mons of an infraction to the addressee. The burden of the preponderance of
proof would be upon the defendant to show that his litter had been deposited
without his knowledge.
SECTION 17 - Severability
If any portion of the ordinance is deemed invalid the remainder will
remain in effect.
APPROVED this 7th day of May 1987
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
UM BURTON
Chairperson
ATTEST: ( ✓) APPROVED ( ) VETOED
CarolEbergson SHIRLEY VAN ZANTEN
Clerk of the Counc 1 County Executive
Date: May 8, 1987
D AS TO FORM:
Kanaall,J. watts, cm er G1v11
Deputy Prosecuting Attorney
Published on April 22 and May 13, 1987
This ordinance becomes effective on May 18, 1987
ORDINANCE - 4
Date drafted: 4/9/87