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Ordinance 1610ORDINANCE NO. 1610 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 3.32 IN THE EDMONDS CITY CODE; ADOPTING THE STATE UNIFORM LITTER CONTROL CODE ORDINANCE AS RECOMMENDED BY THE STATE DEPARTMENT OF ECOLOGY; PRESCRIBING DESIGN AND PLACEMENTT FOR LITTER RECEPTACLES; PROHIBITING DAMAGING LITTER RECEPTACLES; PROVIDING FOR LITTER REMOVAL AND MANDATORY LITTER BAGS; REGULATING LITTER CONTROL IN PUBLIC PLACES, SIDEWALKS, STREETS AND PRIVATE RESIDENCES AND PROPERTY; REGULATING THE DISTRIBU- TION OF COMMERCIAL AND NONCOM14ERCIAL HANDBILLS; PROHIBITING THROWING OF LITTER FROM VEHICLES, WATERCRAFT AND AIRCRAFT; PROVIDING FOR CITY INSPECTIONS FOR LITTER CONTROL COMPLIANCE AND RECEPTACLES; PRESCRIBING ENFORCEMENT OFFICIALS AND PROCEDURES; GENERALLY REGULATING AND PROHIBITING LITTER; PROVIDING PENALTIES; AND ESTABLISHING AN EFFECTIVE DATE OF SAID ORDINANCE. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 3.32.010 Short title. This Ordinance shall be known and may be commonly referred to and cited as the "Uniform Litter Control Code". Section 3.32.020 Definitions. As used in this uniform litter control code, unless the context clearly indicates otherwise, the following terms have the following meanings. All words used in the present tense include the future and past tense; all words in the plural number include the singular number, and all words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" means the city of Edmonds , Washington. (2) "Commercial handbill" 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, excluding NEWS- PAPERS: (a) Which advertises for sale any merchandise, product, commodity, or .thing; or (b) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose 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 the purpose of defraying the expenses incident to such meeting, theatrical perfor- mance, exhibition, or event of any kind, when either of the same is held, 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 good order; -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 any. law of this State, or under any ordinance of this City; or (d) Which, 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. (3) "Highway" for the purpose of this ordinance is synonymous with and includes STREET, ROAD and alley. (4) "Litter" means all solid wastes including but not limited to containers, packages, wrapping, printed matter or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, log- ging, sawmilling, farming. or manufacturing. (5) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for LITTER inside the VEHICLE or WATERCRAFT of any PERSON. (6) "Litter receptacle" means those containers meeting minimum requirements of STATE REGULATIONS of the state department of ecology. (7) 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. (8) "Non-commercial handbill" is any printed or written matter, any sample, or device, dodger, circular, leaflet pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a COMMERCIAL HANDBILL or NEWSPAPER. (9) rr Park is a park, reservation, playground, beach, n recreation center or any other area in the CITY, devoted to active or passive outdoor recreation. (10) "Person" is any individual, political subdivision, government agency, municipality, industry, public or private corporation, co -partnership, association, firm, or other entity, whatsoever. (11) "Private residence" shall mean any privately owned yard, grounds, walk, driveway, dwelling, house, building or other structure, including appurtenant porches, steps or vestibules, used or designed either wholly or in part for private residential pur- poses, whether single familyjduplex or multiple, and whether in- habited or temporarily or continuously uninhabited or vacant. (12) ''Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests. (13) "Road" for the purpose of this ordinance is synonymous with and includes STREET, HIGHWAY and alley. (14) "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, in- dustrial wastes, swill, demolition and construction wastes,.abandoned vehicles or parts thereof, and discarded commodities. (15) "State regulations" means the regulations duly pro- mulgated and adopted by the state department of ecology pursuant to Chapter 34.04 RCW and codified or prepared for codification as part of the Washington Administrative Code, copies of the applicable portions of which are attached hereto as Exhibit "A" and by this re- ference are incorporated herein as if set forth in full. (16) "Street" for the purpose of this ordinance is synonymous with and includes ROAD, HIGHWAY and alley. (17) "Vehicle" includes every device capable of being moved upon a public STREET and in, upon, or by which any PERSON or property is or may be transported or drawn upon a public STREET, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (18) "Watercraft" means any boat, ship, vessel, barge, or other floating craft. Section 3.32.030 Litter in general. No PERSON shall throw, drop, deposit, discard or otherwise dispose of LITTER upon any STREET, alley, sidewalk or any other PUBLIC PLACE in the CITY or upon a PRIVATE RESIDENCE or other private property not owned by him, or in any waters within the jurisdiction of the CITY whether from a VEHICLE or otherwise except: (1) When such property is designated by the state or by any of its agencies or the CITY for the disposal of GARBAGE and REFUSE, and such PERSON is authorized by the proper public authority to so use such property; or (2) Into a LITTER RECEPTACLE or other container in such manner that the LITTER will be prevented from being carried away or deposited by the elements upon any part of said PUBLIC PLACE, PRIVATE RESIDENCE or other private property; or (3) When such PERSON is the owner or does have control or custody of'the property, or has prior consent of the owner or tenant in lawful poss%sion of such property, or unless the act is done under the personal direction of said owner or tenant and provided said litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. Penalty. Any PERSON violating the provisions of this section shal =e guilty of a misdemeanor and the fine or bail forfeiture for such violation shall not be less than ten dollars for each offense, and, in addition thereto, in the sound discretion of the court, such PERSON may be directed by the court to pick up and remove from any PUBLIC PLACE or any. PRIVATE RESIDENCE or other property, with permission of the legal owner or other PERSON having legal possession, upon which it is established by competent evidence that such PERSON has deposited LITTER, any and all LITTER deposited thereon by anyone prior to the date of execution of sentence. Section 3:32.040 Placement of litter receptacles. (1) LITTER RECEPTACLES shall be placed in all PARKS, trailer parks in respect to the service of transient habitation, gasoline service stations,.tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such PUBLIC PLACES in numbers appropriate to need as specified by STATE REGULATION. (2) It shall be the responsibility of any PERSON owning or operating any establishment or PUBLIC PLACE in which LITTER RECEPTACLES are required by this section to procure and place and maintain such LITTER RECEPTACLES at their own expense on the premises in accord with such STATE REGULATIONS. (3) Penalty. Any PERSON who fails to place such LITTER RECEPTACLES on the premises in the numbers and design required by STATE REGULATION, violating the provisions of this section, shall be subject to a fine of ten dollars for each day of violation. Section 3.32.050 Use of receptacles. (1) PERSONS placing LITTER in LITTER RECEPTACLES shall do so in such manner as to prevent it from being carried or de- posited by the elements upon any STREET, sidewalk or other PUBLIC PLACE or upon any PRIVATE RESIDENCE or other private property. (2) LITTER RECEPTACLES placed on sidewalks and other PUBLIC PLACES shall be used only for such LITTER material as PERSONS may have for disposal while passing along the street or other PUBLIC PLACES and in no event shall be used for the disposal of other SOLID WASTE accumulated in residences or places of business. Section 3.32.060 Damaging receptacles. It shall be unlawful for any PERSON to wii u y damage or deface any LITTER RECEPTACLE of another PERSON. .Penalt . Upon conviction for such violation such violator shall be subject to a fine of one hundred dollars for each such violation. Section 3.32.070 Removal of litter. It shall be the responsibility of the local municipality, FEFer agency or PERSON owning or maintaining the same for the -removal of LITTER from LITTER RECEPTACLES placed in PARKS, beaches, campgrounds, and other PUBLIC PLACES. Section 3.32.080 Mandatory litter bags. The owner and PERSON in possession of all VEHICLES or WATERCRAFT shall keep and use a LITTER BAG in said VEHICLE or WATERCRAFT at all times which LITTER BAG shall be maintained in such VEHICLE or WATERCRAFT in a place in which the same may be viewed from the outside of such VEHICLE or WATERCRAFT whether or not said VEHICLE or WATERCRAFT is locked or otherwise secured from entry. Section 3.32.090 Sweeping litter into gutter prohibited. No PERSON shall sweep into or.deposit in any gutterSTREET, alley or other PUBLIC PLACE the accumulation of LITTER from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of LITTER. Section 3.32.100 Merchants' duty to keep G;dewalks free of litter. No PERSON owning or occupying a place of business shall sweep into or deposit in any gutter, STREET or other PUBLIC PLACE the accumulation of LITTER from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the CITY shall keep the sidewalk in front of their business premises free of LITTER. Section 3.32.110 Owner to maintain premises free of litter. The owner or PERSON in control of any PRIVATE RESIDENCE or other private property shall at all times maintain the premises free of LITTER. Section 3.32.120 Throwing or distributing commercial handbills in public places. No PERSON shall row or deTosit any COMMERCIAL or NON-COMMERCIAL HANDBILL in or upon any sidewalk, STREET or other PUBLIC PLACE within the CITY. Nor shall any PERSON hand out or distribute or sell any COMMERCIAL HANDBILL in any PUBLIC PLACED Provided, however, that it shall not be unlawful on any sidewalk, STREET, or other PUBLIC PLACE within the CITY for any PERSON to hand out or distribute, without charge to the receiver thereof, any NON-COMMERCIAL HANDBILL to any person willing to accept it. Section 3.32.130 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. Pro- vided, however, that it shall not be unlawful in any PUBLIC PLACE for a PERSON to hand out or distribute without charge to the re- ceiver thereof, a NON-COMMERCIAL HANDBILL to any occupant of a VEHICLE who is willing to accept it. Section 3.32.140 Depositing handbills on uninhabited or vacant proper commercial and non-commercial or aeposit any uuivinEhLiRi, or NuA-mvimE uiRL PRIVATE RESIDENCE or other private property or continuously uninhabited or vacant. ivo t tthbuiN snail tnrow HANDBILL in or upon any which are temporarily Section 3.32.150 Prohibiting distribution of handbills where properly posted. No PERSON shall throw, deposit or distri ute any COMMERCIAL or NON-COMMERCIAL HANDBILL upon any PRIVATE RESIDENCE or other private property, if requested by anyone thereon not to do so, or if there is placed on said residence or property in a con- spicuous position near the entrance thereof, a sin bearing the words: "No Trespassing," "No Peddlers or Agents,` "No Advertisement, or any similar notice, indicating in -any matter that the occupants of said residence or property do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. Section 3.32.160 Distributing commercial and non-commercial handbills at inhabited private resi ences. No PERSON shall row, deposit or distribute any COMMERICAL or NON-COMMERCIAL HANDBILL in or upon PRIVATE RESIDENCE which is inhabited, except by handing or trans- mitting any such HANDBILL directly to the owner, occupant, or other PERSON then present in or upon such PRIVATE RESIDENCE. Provided, however, that in case of inhabited PRIVATE RESIDENCE which is not posted, as provided in this Ordinance such person unless requested by anyone upon such residence not to do so, may place or deposit any such HANDBILL in or upon such inhabited PRIVATE RESIDENCE, if such.HANDBILL is so placed or deposited as to secure or prevent such HANDBILL from being blown or drifted about such residence or sidewalks,.STREETS, or other PUBLIC PLACES, and except that mail- boxes may not be so used when so prohibited by Federal postal law or regulations. (a) Exemption for mail and newspapers. The provisions of this Section shall not apply to the distri tion of mail by the United States, nor to NEWSPAPERS (as defined herein) except that NEWSPAPERS shall be placed on PRIVATE RESIDENCES or other private property in such a manner as to prevent their being carried or de- posited by the elements upon any STREET, sidewalk or other PUBLIC PLACE or upon PRIVATE RESIDENCES or other private property. Section 3.32.170 Litter thrown by persons in vehicles. No.PERSON, while a driver or passenger in a VEHICLE, shall row or otherwise deposit LITTER upon any STREET or other PUBLIC PLACE or upon any PRIVATE RESIDENCE or private property. Section 3.32.180 Vehicle loading. (1) No VEHICLE shall be driven or moved on any public STREET unless such VEHICLE is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of such roadway by public authority having jurisdiction for the same or by PERSONS under contract or other authorization by such public authority. (2) Any PERSON owning or operating a VEHICLE from which any glass or other objects of its load have fallen or escaped, which would consititute an obstruction or injure a VEHICLE or otherwise endanger travel upon such public STREET shall immediately cause said public STREET to be cleaned of all such glass or other objects and shall pay any cost therefore. Section 3.32.190 City inspections for litter receptacles. (1) At such times as.the fire department or other local fire control agency makes routine or other fire inspections within the CITY, it shall also be the duty of the fire department to inspect all such inspected premises to assure compliance with the requirements for placing and maintaining LITTER RECEPTACLES as required by this Ordinance. In the event violations of this Ordinance are found, members of the fire department are authorized to issue citations and the other legal process authorized in this Ordinance as in the case of police and other law enforcement personnel. (2) The building department shall not approve occupancy - of any building, structure or other improvement for new construction or modification to any existing building, structure or other improve- ment for which a building permit is required,.nor give final inspection approval to any such building, structure or other improvement, until LITTER RECEPTACLES as herein required have been set in place on the subject property. In the event violations of this Ordinance are found, members of the building department are 'authorized to issue citations and other legal process authorized in this Ordinance as in the case of police and other law enforcement personnel. Section 3.32.200 Enforcement officers and procedures. Enforcement of this ordinance may be by any police officer or other - law enforcement officer, fire department and building department personnel, jurisdictional health department personnel, and those public employees charged with the responsibility of operating and maintaining all PUBLIC PLACES within the provisions of this ordinance. All such enforcement officers are hereby empowered to issue citations to and/or arrest without warrant, PERSONS violating the provisions of this ordinance. Said enforcement -officers may serve and execute all warrants, citations, and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation, or other process to the last known place of residence of the offender shall be deemed as personal service upon the PERSON charged. Nothing herein shall be construed to prohibit citizens' complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance, or court rule. Section 3.32.210 Purpose. The purpose of this ordinance is to accomplish LITTER control in the CITY and pur- suant to the general laws of the State of Washington to adopt basically uniform and coordinated LITTER control local legis- lation throughout the state. This ordinance is intended to place upon all PERSONS within the CITY, in a cooperative and coordinated statewide effort, the duty of contributing to the public cleanliness of the CITY and appearance in order to pro- mote the public health, safety and welfare and to protect the economic interests of the people of the CITY against unsanitary and unsightly conditions. It is further the intent of this ordinance to protect the people against the health and safety menace and the expense incident to the LITTERING OF THE STREETS and PUBLIC PLACES by the promiscuous and uncontrolled distribution of advertising matter and COMMERCIAL AND NON-COMMERCIAL HANDBILLS. Section 3.32.220 - Severabil'ity. If any section, subsection, sentence, clause, phrase, words or word of this ordinance is for any reason found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining portions of this ordinance, it being hereby expressly declared that each section, subsection, sentence, clause, phrase, words or word would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, words or word be declared or otherwise found unconstitutional or invalid for any reason. Section 3.32.230 Interpretation. In the event any other CITY ordinance, whether or not codified, is in conflict with`any of the terms of this ordinance the more stringent shall be construed as applicable. 'Section 3.32.240 Penalties. Every PERSON convicted of a violation of this ordinance for which no penalty is speci- fically provided within the specific section violated shall be punished by a fine of not more than ten dollars for each such violation. Each day that such violation continues shall be considered a separate offense. Section 3.32.250 Effective Date. This ordinance shall take effect 104 days after publication, to wit, November 21, 1972. APPROVED: ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: August 1, 1972 FILED WITH THE CITY CLERK: August 1, 1972 PUBLISHED: August 9, 1972 --- EXHIBIT "A" --- RULES AND REGULATIONS WAC 173-310-010 PURPOSE. By the provisions of chapter 70.93 RC14, the department of ecology has been delegated authority to conduct a per- manent and continuous program to control and remove litter from this state to the maximum practical extent possible. The purpose of this chapter is to provide minimum standards -For litter receptacles and to prescribe the use, placement and distribution of litter receptacles throughout the state, pursuant to the authority set forth in RCW 70.93.040 and RC14 70.93.090 14AC 173-310-020 DEFINITIONS. The following words and phrases as used herein shall have the following meanings, unless context clearly dic- tates otherwise: (1) "Anti -litter symbol" means the standard symbol adopted herein by the department. (2) "Department" means the Washington state department of ecology. (3) "Litter" means all waste materials including, but not limited to, disposable packages or containers susceptible to being dropped, deposited, discarded or otherwise disposed of upon any property in the state, but not including the wastes of primary processes of mining, logging, sawmillinq, farminq or manufacturing. (4) "Litter receptacle" means containers for the disposal of litter of not more than 60-gallon capacity; provided that special containers of larger capacity such as those referred to as "dumpsters", and garbage containers or other waste containers serving single or multi -family residences are not included within this definition and their use is in no way regulated or affected by this chapter. (5) "Person" shall mean any industry, public or private cor- poration, copartnership, association, firm, individual, or other entity whatsoever. (6) "Public place" means any area that is used or 'yield out for the use of the public whether owned and operated by public or private interests, but not includinca indoor areas. An indoor area shall be construed to mean any enclosed area covered with a roof and protected from moisture and wind. 14AC 173-310-030 KESPONSIBILITY TO PROCURE AND PLACE LITTER RECEPTACLE. It shall be the responsibility of any person ownino or operating any establishment or public place in which litter receptacles arerequired by this chapter to procure, place and maintain such recep- tacles at their own expense on the premises in accordance with the provisions of this chapter. WAC 173-310-040 LITTER RECEPTACLES, WHERE REgUIRED. Litter receptacles meeting the standards established by this chapter shall be placed in the following public places in the state: (1) Along the right-of-way of those stretches of public highways lying outside the limits of incorporated cities and towns (2) Parks (3) Campgrounds (4) Trailer parks in respect to the service of transient habitation (5) Drive-in restaurants (6) Gasoline service stations (7) Tavern parking lots (8) Shopping centers (9) Grocery store parking lots -2- (10) Marinas (11) Boat launching areas (12) Boat moorage and fueling stations (13) Public and private piers (14) Beaches and bathing areas (15) Outdoor parking lots, other than those specifically designa- ted above, having a capacity of 50 or more automobiles (16) Fairgrounds (17) Schoolgrounds (18) Racetracks (19) Sporting event sites with facilities accommodating 200 or more spectators (20) Sites for carnivals, festivals, circuses, shows or events of any kind to which the public is invited Litter receptacles need be placed in the above public places only during times such places or events held at them are open to the public. Placement of litter receptacles shall be in conformance with laws, ordinances, resolutions or regulations pertaining to fire, safety, public health or welfare. WAC 173-310-050 NUMBER OF LITTER RECEPTACLES REQUIRED. Pending adoption of specific density formulae, the number of litter recep- tacles placed in locations set forth in the preceding section hereof shall be sufficient to accommodate the litter loads reasonably anticipated by the owner or operator according to the nature of public use of any such location. WAC 173-310-060 MINIMUM STANDARDS. Litter receptacles procured and placed in public places as required by this chapter shall meet the following minimum standards: 1911 (1) General Specifications. a. The body of each litter receptacle shall be constructed of a minimum of 24-gauge galvanized metal or other material.of equivalent strength, that will with normal wear and tear, reasonably resist corrosion and acts of vandalism. b. All outside edges of each litter receptacle shall be rounded. c. Openings in covered litter receptacles shall be readily identifiable and readily accessible for the deposit of litter. d. Contruction and general configuration of litter receptacles shall be in conformance with all pertinent laws, ordinances, resolutions or regulations pertaining to fire, safety, public health or welfare. (2) Color and Marking: a. The entire outer surface of each litter receptacle shall be colored medium green conforming with Federal Color Standard No. 595A, Color No. 24424, or Color No. 34424. b. Each litter receptacle shall bear the official anti -litter symbol, as adopted herein. The symbol shall be colored deep blue conforming with Federal Color Standard No. 595A, Color No. 15180. The symbol shall not be distorted as to proportion and shall not be incorporated into a commer- cial advertisement on the receptacle. For litter receptacles J along the right-of-way of public highways, the symbol shall be of a size so as to be distinguishable from a minimum distance of 75 feet. -4- c. The words "DEPOSIT LITTER" shall be placed on the litter receptacle. Lettering used for these two words shall be Block -type capital letters to be readily legible at a distance of 30 feet. d. No commer0al advertisement shall.be placed on any litter receptacle. However, the person owning any receptacle may place a single line on the receptacle identifying his ownership,and a single credit line designating any donor of the litter receptacle other than the owner may also be placed on the receptacle; provided that the lettering does not exceed the size specified for the words "DEPOSIT LITTER", and does not interfere with or distract from the prominence of the anti -litter symbol. (3) Maintenance: Compliance with these minimum standards shall include proper upkeep, maintenance and repair of litter recep- tacles sufficient to permit such receptacles to serve the functions for which they were designed and to pre- vent the appearance of such receptacles from becoming unsightly. Inadequately maintained or unsightly litter receptacles shall be in violation of these minimum stan- dards. (4) Wherever litter receptacles are placed in any public place other than where required by this chapter, such receptacles shall conform to the provisions of this chapter. -5- 14AC 173-310-070 ANTI -LITTER SYMBOL. The official state anti -litter symbol shall be the symbol depicted in Appendix A to this chapter conforming to the Federal Color Standard No. 595A, Color No. 15180, which appendix is hereby .incorporated into this chapter and made part hereof. Permission to use this symbol in the manner required by this chapter has been d)tained from the copyright holder and any other use without the express permission of the copyright holder is prohibited. ►.dAC 173-310-080 PROHIBITED ACTS. (1) No person shall damage, deface, abuse or misuse any litter receptacle not owned by him so as tointerfere with its proper function or to detract from its proper appearance. (2) No person shall deposit leaves, clippings, pruninns or gardeningrefuse in any litter receptacle. (3) No person shall deposit household oarbage in any litter receptacle; provided that this subsection shall not be construed to mean that wastes of food consumed on the premises at any public place may not be depositedin litter receptacles. 14AC 173-310-090 PENALTIES. Penalties for violation of this chapter shall be in accordance with chapter 70.93 RC14. WAC 173-310-100 EFFECTIVE DATE AND COMPLIANCE. (1) This chapter shall become effective on September 1, 1972. (2) All litter receptacles in any public place designated in this chapter which are placed after the effective date hereof shall conform to the provisions of this chapter. (3) Litter receptacles in any public place designated in this chapter which were in place prior to the effective date hereof shall be modified to conform with marking requirements of this chapter E14AC 173-310-060 (2)(b) (c)] no later than January 1, 1973. (4) All litter receptacles in any public place desiqnated in this chapter shall be modified or replaced so as to fully conform withall requirements of this chapter no later than July 1, 1975. -7- Appendix A