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SUBJECTS › LEGAL › NUISANCES › Litter and Garbage Nuisances
Updated 07/07

Litter and Garbage Nuisances

Contents

Litter

The state's Model Litter Control Act is prefaced with finding that there is a fundamental need for a healthful, clean, beautiful environment. The proliferation and accumulation of litter discarded throughout this state impairs this need and constitutes a public health hazard.  Chapter 337 Laws of  2003  (SHB 1409) amended  the Model Litter Control Act provisions by defining litter that is likely to injure a person or damage property as "potentially dangerous litter," making improper disposal a civil infraction, and  authorizing counties to abate a nuisance at the expense of the responsible party. See the Department of Ecology's Litter Web Site

Many local governments have adopted the Model Litter Control Act contained in Ch 70.93 RCW - Waste Reduction, Recycling, and Model Litter Control Act by reference. Others have restated the provisions and included other provisions for items such as posting of handbills, dumping of trash, spillage of vehicle content onto public roads, sweeping of litter into gutters, and the duty of merchants to keep public areas free of litter.   Some local governments have created Adopt-a Street Programs for litter control.  See MRSC's Creating Volunteer Opportunities page. 

Dumping of Trash or Litter

The control of unlawful dumping or littering generally is handled in one of three ways. The first is to pattern ordinances after the Waste Reduction, Recycling and Model Litter Control Act, Chapter 70.93 RCW. RCW 70.93.060 would cover a situation where a person dumps trash or rubbish on public property or, without permission, on private property owned by another. In 1993 the State Legislature decriminalized the penalty for violating the littering regulations in the Waste Reduction, Recycling and Model Litter Control Act.

In addition to handling litter control under Chapter 70.93 RCW, some jurisdictions appear to criminalize the dumping of trash under their garbage control provisions. Local governments that control dumping in this manner appear to criminalize such conduct and, presumably, impose the criminal penalty assigned to any general misdemeanor.

Finally, once litter or garbage has been deposited on property, many cities require its removal by the property owner. Failure to do so may constitute a nuisance, which is subject to criminal penalty and may require abatement.  For other examples see  also Comprehensive Litter Control Provisions

Dumping of Yard Debris/Waste

  • Auburn Municipal Code Section 8.08.130 A. -  Disposal Restrictions Generally. 
  • Chelan Municipal Code Section 8.26.020 - Definitions.  The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:  J. “Nuisance” means: 2. The erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon . . . any street, avenue, alley, park, parkway, . . . any one or more of the following conditions, things, or acts: m. Any accumulation of material on property including,  . . . yard waste . . .
  • Eatonville Municipal Code Section 8.04.080 ( 81 KB) - Outdoor Dumping and Burning.. . . It is unlawful for any person to bury, burn or dump wastepaper, boxes, rubbish and debris, brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens upon any street, alley or public place.
  • Kitsap County Illegal Dumping - Clean Kitsap County 
  • Lake Forest Park Municipal Code, Section 8.04.050 - Unlawful Disposal of Municipal Solid Waste (MSW), Recyclables, Yard Waste and Bulky Yard Waste.  - A. It is unlawful for any person to dump or in any manner dispose of municipal solid waste, recyclables, yard waste or bulky yard waste upon any street, alley, public place, . . .
  • Longview Municipal Code, Section 7.12.060 - Disposal of Garbage and Trash to Comply with Chapter.
    (1) It is unlawful for any person to burn, dump, collect, remove or in any other manner dispose of garbage and offal upon or over any of the streets, alleys, public places or private property within the city otherwise than as herein provided. . . .
  • Mountlake Terrace Municipal Code, 13.10.050 - Unlawful Acts. -  It is unlawful to deposit, throw or place any garbage, recyclables or yard debris in any public street or other public place, . . .
  • Pierce County Tips to Reduce Illegal Dumping -  Public Works and Utilities

Handbills

Comprehensive Litter Control Ordinances

Garbage

Uncollected and improperly stored accumulations of solid wastes can cause fires, stench, and attract rodents and insects.

  • Bellingham Municipal Code,  Section 9.12.030  - Deposit of Garbage and Refuse
  • Enumclaw Municipal Code,  Section 8.12.230 - Unlawful to Throw, Place or Scatter Garbage

Plastic Bags and Styrofoam Containers