9.66.020 Littering prohibited – Penalties – Litter cleanup restitution payment.
A. It is a violation of this section to abandon a junk 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 them or in any body of water within the city, whether from a vehicle or otherwise, including but not limited to any public park, public highway, road, street, or alley except:
1. When the property is designated by the state of Washington, its agencies 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;
2. 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.
B. 1. It is a civil infraction as provided in Chapter 1.25 ACC for a person to litter in an amount less than or equal to one cubic foot, except as would be a misdemeanor pursuant to ACC 1.25.050.
2. It is also 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 $50.00 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 city for the support of its law 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 legal 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 subsection, if the person cleans up and properly disposes of the litter.
3. It is a gross 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 $100.00 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 investigating 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 managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this subsection if the person cleans up and properly disposes of the litter.
4. If a junk 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.
C. It is also a civil infraction as provided in Chapter 1.25 ACC for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire, except as would be a misdemeanor pursuant to ACC 1.25.050. (Ord. 5837 § 11, 2004; Ord. 5718 § 1, 2002.)