Title 7
HEALTH AND SANITATION*

Chapters:

7.04 Garbage and Refuse

7.06 Optional Mandatory Refuse Collection

7.08 Mobile Homes

7.12 Litter Control

7.14 Solid Waste Disposal System

7.15 Solid Waste Recycling

*For provisions regarding nuisances affecting health, see LMC Title 10; for rabies control, see LMC Title 6; city may make and enforce sanitary regulations where not in conflict with general law, see Washington State Constitution, Art. 11 § 11.

Chapter 7.04
GARBAGE AND REFUSE*

Sections:

7.04.010 Disposal in compliance with chapter required.

7.04.020 Definitions.

7.04.030 Garbage and refuse containers.

7.04.040 Methods of disposal.

7.04.050 Penalties for violation.

* For collecting business regulated, see Chapter 5.08 LMC.

7.04.010 Disposal in compliance with chapter required.

All persons, associations, and corporations in the city of Lynnwood shall store and dispose of garbage and refuse in the manners prescribed in this chapter. (Ord. 21 § 1, 1959)

7.04.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

“Garbage” means all putrescible wastes, except sewage and body wastes and shall include all such substances from all public, private establishments, and from all residences.

“Refuse” means garbage, rubbish, ashes, and all other putrescible and nonputrescible wastes except sewage and body wastes from all public and private establishments. (Ord. 21 § 2, 1959)

7.04.030 Garbage and refuse containers.

Garbage and refuse shall be stored in containers of types approved by the health officer or other person designated by the mayor. Such containers shall be watertight with raised bottoms and fitted with a tight cover and must be readily emptied or transported to dump sites without spillage; provided further, that dry refuse may be placed in cartons and stored neatly in such a manner that it will not lead to the loss or distribution of said refuse in the city. (Ord. 21 § 3, 1959)

7.04.040 Methods of disposal.

All persons, associations and corporations shall dispose of all garbage and refuse through the use of licensed garbage and refuse contractors, or by other means approved by the health officer or agent in accordance with state of Washington health standards such as burial, hauling to sanitary land fills, etc. (Ord. 21 § 4, 1959)

7.04.050 Penalties for violation.

Violations of this chapter shall be punishable by a fine of not over $100.00 for each violation, or imprisonment for 30 days, or both. (Ord. 21 § 5, 1959)

Chapter 7.06
OPTIONAL MANDATORY
REFUSE COLLECTION

Sections:

7.06.010 Definitions.

7.06.020 Optional mandatory refuse collection.

7.06.030 Notice and order for mandatory refuse collection and to remove refuse.

7.06.040 Conditions precedent to issuance of notice and order for mandatory refuse collection.

7.06.050 Appeal of order for mandatory refuse collection and to remove refuse.

7.06.060 Order for mandatory refuse collection.

7.06.070 Billing for mandatory refuse collection.

7.06.080 Enforcement of payment.

7.06.090 Termination of mandatory refuse collection.

7.06.100 Violations – Penalty.

7.06.010 Definitions.

For the purpose of this section and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Waste management company” means any authorized person or entity contracting with the city to dispose of solid waste from within the city or any commercial refuse collector authorized to continue collection of solid waste in newly annexed areas of the city pursuant to applicable law.

B. “Garbage” means all putrescible solid and semi-solid wastes, including but not limited to animal and vegetable waste, except sewage and body wastes, and shall include all such substances from all public and private locations or establishments.

C. “Rubbish” means all nonputrescible wastes, except sewage and body wastes, from all public and private locations or establishments.

D. “Refuse” means garbage, rubbish, ashes, and all other putrescible and nonputrescible wastes except sewage and body wastes, from all public and private locations or establishments.

E. “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.

F. “Person responsible for the violation” means any person who has an interest in or resides on the property, whether as owner, lessee, tenant, occupant, or otherwise.

G. “Repeat violation” means a violation of the same regulation in any location by the same person, for which voluntary compliance previously has been sought or a notice of civil violation has been issued, within the immediately preceding 12-consecutive-month period. A repeat violation may involve the same condition, action or omission as a previous violation.

H. “Refuse violation” means any violation of the Lynnwood Municipal Code relating to refuse, garbage or rubbish, including but not limited to maintaining or allowing the deposit of or accumulation of refuse, garbage or rubbish, and including but not limited to violations of LMC 5.08.090, 7.04.030, 7.04.040, Chapter 10.08 LMC, including LMC 10.08.200, and Chapter 7.12 LMC. (Ord. 2284 § 1, 1999)

7.06.020 Optional mandatory refuse collection.

At the option of the city and pursuant to the provisions of this chapter, a person may be placed on mandatory refuse collection. (Ord. 2284 § 1, 1999)

7.06.030 Notice and order for mandatory refuse collection and to remove refuse.

A. Issuance of Notice and Order. If a person maintains any refuse or allows any refuse to remain on the property, in violation of law, then in addition to any other remedy, the city’s nuisance abatement officer, or other person designated by the mayor, may issue a written notice and order for mandatory refuse collection and to remove refuse to the person responsible for the violation pursuant to the provisions of this chapter.

B. Content. The notice and order shall include the following:

1. The name and address of the person responsible for the violation; and

2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

3. A description of the violation and a reference to the provision(s) of the city regulation(s) which has been violated; and

4. The required corrective action and a date and time by which the correction must be completed. Except for emergency conditions, the date by which correction must occur shall be 14 days from the date of the notice and order; and

5. A statement that after the date and time by which correction must occur, the city may without further notice abate the unlawful condition in accordance with applicable city code, and that the costs may be assessed against the person responsible for the violation and that costs may become a lien on the property; and

6. A statement that the city may without further notice place the person responsible for the violation on mandatory refuse collection in accordance with this chapter; and

7. A statement that failure to pay for mandatory garbage collection may result in discontinuance of water service until mandatory garbage collection fees charges are paid; and that unpaid charges may become a lien on the property; and

8. Instruction on how to appeal the notice and order. The notice and order may be combined with or be issued in conjunction with any other remedy the city deems appropriate.

C. Service of Notice and Order. The notice and order shall be served on the person responsible for the violation, either personally or by mailing a copy of the notice and order by first class mail to such person at their last known address. If the person responsible for the violation cannot be personally served within Snohomish County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice and order conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if by posting, the facts showing the attempts to serve the person personally or by mail.

D. Extension. Extensions of the time specified in the notice and order for correction of the violation may be granted at the discretion of the applicable department director. (Ord. 2284 § 1, 1999)

7.06.040 Conditions precedent to issuance of notice and order for mandatory refuse collection.

Before a notice and order for mandatory garbage collection may be issued, the following requirements must be met within the immediately preceding 18-consecutive-month period:

A. First Violation and Warning. A refuse violation of city code exists, and the city has:

1. Notified the person responsible for the violation of the violation to correct the violation; and

2. Given warning to the person responsible for the violation, and the owner (if different from the person notified as responsible for the violation) that a repeat violation is grounds for issuance of an order for mandatory garbage collection pursuant to this chapter; that failure to pay for mandatory garbage collection may result in discontinuance of water service until mandatory garbage fees are paid; and that unpaid charges may become a lien on the property.

Notice of a violation may either be by a written notice to the person responsible for a violation in any location by the same person, or be contained in or accompany a notice and order of civil violation, an infraction, or a criminal citation or complaint; and

B. Second Violation. More than 14 days since the action taken in subsection (A)(2) of this section, a repeat violation of city code exists. (Ord. 2284 § 1, 1999)

7.06.050 Appeal of order for mandatory refuse collection and to remove refuse.

A notice and order for mandatory refuse collection and to remove refuse issued pursuant to LMC 7.06.030 may be appealed by filing an appeal within 14 days of the issuance of the notice and order. An appeal must be in writing signed by a person subject to the order, contain a brief statement of the reasons for requesting an appeal, and be accompanied by the filing fee. An appeal of a notice and order for mandatory refuse collection shall meet the requirements of and be processed under LMC 1.35.200, Process II: Administrative Decisions – Appeal to hearing examiner. (Ord. 2284 § 1, 1999)

7.06.060 Order for mandatory refuse collection.

If the requirements of this chapter are met, and following any administrative appeals from the notice and order for mandatory refuse collection issued pursuant to LMC 7.06.030, the city may issue an order for mandatory refuse collection to the person notified as responsible for the violation resulting in the notice and order for mandatory garbage, and the owner (if different from the person notified as responsible for the violation), and to the appropriate waste management company serving the area. The order is not appealable.

Upon receipt of the city’s order for mandatory garbage, the waste management company shall place a residence or business on mandatory refuse collection. Such order of mandatory refuse collection shall continue until the city terminates the order in writing. (Ord. 2284 § 1, 1999)

7.06.070 Billing for mandatory refuse collection.

A. The waste management company shall bill the property owner, who shall be responsible to pay for mandatory refuse collection services required pursuant to this chapter.

B. All refuse disposal charges shall be billed regularly in accordance with the standard practices of the waste management company. Payment shall be due no later than two weeks after the date of billing. (Ord. 2284 § 1, 1999)

7.06.080 Enforcement of payment.

A. If payment for mandatory refuse collection and/or other costs to remove refuse is not made, the waste management company may take any enforcement action authorized by law, but shall not discontinue mandatory refuse service without written authorization from the city.

B. The city may elect to discontinue water and sewer service to the property if a bill for mandatory refuse collection and/or costs to remove refuse becomes 90 days past due. Service will resume upon payment of any outstanding costs and waste management bills. (Ord. 2284 § 1, 1999)

7.06.090 Termination of mandatory refuse collection.

A waste management company shall not terminate mandatory refuse collection for any reason, including nonpayment by property owner, without express authorization from the city. The city may authorize termination of mandatory refuse collection under the following circumstances.

A. The residence or business has not violated applicable laws concerning, allowing or maintaining refuse or allowing or maintaining a nuisance on the property, for 12 consecutive months; or

B. The city determines for good cause that a residence or business is no longer a threat to the health, safety, and well-being of the community. Good cause includes receipt of adequate and guaranteed assurance satisfactory to the city that repeat violations concerning refuse will not occur.

The order for mandatory refuse collection shall be reviewed by the code enforcement officer at least every six months or upon application by the property owner for termination of mandatory refuse collection. (Ord. 2284 § 1, 1999)

7.06.100 Violations – Penalty.

Any person, firm, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction, shall be fined not more than $500.00 or sentenced up to 90 days in jail, or both. Where the violation is of a continuing nature, then each day during which the violation continues shall constitute a separate violation of this chapter. (Ord. 2284 § 1, 1999)

Chapter 7.08
MOBILE HOMES

Sections:

7.08.010 Mobile home defined.

7.08.020 Parking or occupying mobile home within city.

7.08.030 Temporary stopping or parking.

7.08.040 Conditions for permission to live in mobile home outside of park.

7.08.050 Health permit required.

7.08.060 Permanent additions and skirting.

7.08.070 Removal of wheels and stabilizers.

7.08.080 Penalty for violations.

7.08.090 Severability.

7.08.010 Mobile home defined.

“Mobile home” means a vehicle without motor power designated to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, or for conducting a business, including a mobile home or trailer coach and any self-propelled vehicle having a body designated for or converted to the same uses as an automobile trailer without motor power. (Ord. 58 § 1, 1960)

7.08.020 Parking or occupying mobile home within city.

It shall be unlawful for any person to park or occupy any mobile home on any street, alley, or highway, or other public place, or any tract of land owned by any person, occupied or unoccupied, within the city of Lynnwood, except as provided in this chapter. (Ord. 58 § 2, 1960)

7.08.030 Temporary stopping or parking.

Emergency or temporary stopping or parking is permitted on any street, alley, or highway for not longer than 24 hours at one time subject to any other and further prohibitions, regulations or ordinances for that street, alley or highway. (Ord. 58 § 3, 1960)

7.08.040 Conditions for permission to live in mobile home outside of park.

No person shall park or occupy any mobile home on the premises of an occupied dwelling or on any lot which is not a part of the premises of an occupied dwelling either of which is situated outside of an approved mobile home park, except that:

A. The parking of only one unoccupied mobile home in an accessory private garage building, or in a rear yard in any district, is permitted provided no living quarters shall be maintained, or any business practiced in said mobile home while said home is so parked or stored;

B. The parking of any unoccupied mobile home in any lot devoted for the purpose of selling, renting, or otherwise disposing of mobile homes is permitted, provided said mobile home is not located less than 10 feet from another mobile home, building or structure;

C. A mobile home may be parked and occupied outside of a mobile home park on premises of any occupied dwelling for a period not to exceed 30 days’ continuous time; and when a residence is in process of being constructed, a trailer as defined herein may be located upon a site for the temporary use by the owner of such property as a residence for a period of six months, provided such trailer remains mobile and provided further that a permit is obtained from the building department to insure compliance with this code as to yards and to local health department requirements. In cases where substantial progress is shown on the construction of the residence and additional time is needed to complete the work, a permit may be renewed for one additional six-month period. Upon the expiration of the permit, the use of the trailer as a residence shall be discontinued. No more than one trailer may be occupied or stored on the premises at any time. The aforementioned special permission is subject to the provision that the person so desiring to park and occupy the said trailer shall first apply for and obtain from the city clerk, a permit so to do, which application shall give the location at which such mobile home is to be located, the state vehicle license number, if any, and a general description of the mobile home for which permission to locate is sought; provided further, that such occupancy shall at all times comply with all requirements of the plumbing, sanitary, health, electrical, and other applicable ordinances now or hereafter enacted by the city of Lynnwood. (Ord. 58 § 4, 1960)

7.08.050 Health permit required.

It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated or maintained upon any property owned or controlled by him, a trailer court, or mobile home park, or any combination thereof, within the city unless such person shall have first obtained a permit from the health officer of the city of Lynnwood, subject to the rules and regulations established by said health officer. (Ord. 58 § 5, 1960)

7.08.060 Permanent additions and skirting.

No permanent additions of any kind shall be built onto, nor become a part of, any mobile home. Skirting of homes is permissible, but such skirting shall not attach home permanently to the ground, provide a harborage for rodents, nor create a fire hazard. (Ord. 58 § 5(a), 1960)

7.08.070 Removal of wheels and stabilizers.

The wheels of the mobile home shall not be removed, except temporarily when necessary for repairs. Jacks or stabilizers may be placed under the frame of the mobile home to prevent movement on the springs while the mobile home is parked and occupied. (Ord. 58 § 5(b), 1960)

7.08.080 Penalty for violations.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $300.00 or by imprisonment in the city jail for not to exceed 90 days, or both such fine and imprisonment. Each separate day or portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. (Ord. 58 § 6, 1960)

7.08.090 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction it shall not affect the validity of the remaining portions of this chapter. (Ord. 58 § 7, 1960)

Chapter 7.12
LITTER CONTROL

Sections:

7.12.010 Short title.

7.12.020 Purpose of provisions.

7.12.030 Definitions.

7.12.040 Interpretation.

7.12.050 Littering prohibited – Exceptions.

7.12.055 Owner to maintain premises free of litter.

7.12.060 Litter receptacles – Placement responsibility – Locations where required.

7.12.070 Litter receptacles – Use restrictions.

7.12.080 Litter receptacles – Damaging or defacing prohibited.

7.12.090 Litter receptacles – Responsibility for removal of material deposited.

7.12.100 Litter bags mandatory in vehicles and watercraft.

7.12.110 Sweeping litter into gutter prohibited.

7.12.120 Throwing or distributing handbills in public places prohibited – Exception.

7.12.130 Depositing handbills on uninhabited or vacant property prohibited – Exceptions.

7.12.140 Throwing litter from vehicles prohibited.

7.12.150 Dropping materials from vehicles – Prohibited when – Owner cleanup duty.

7.12.160 Enforcement officers and procedures.

7.12.170 Violation – Penalty.

7.12.180 Severability.

7.12.010 Short title.

This chapter shall be known and may be commonly referred to as the “uniform litter control code.” (Ord. 828 § 1, 1976)

7.12.020 Purpose of provisions.

The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness and appearance of the city in order to promote 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 chapter to protect the people against the health and safety menace and the expense incident to littering. (Ord. 828 § 15, 1976)

7.12.030 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 mandatory and not merely directory.

A. “City” means the city of Lynnwood.

B. “Handbill” means any printed or written matter, excluding newspapers, which advertises for sale any commodity, or thing, or which directs attention to any business or other activity or event of any kind.

C. “Highway” is synonymous with and includes street, road and alley.

D. “Litter” means all solid wastes, including but not limited to containers, packages, wrappings, printed matter or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.

E. “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.

F. “Litter receptacle” means those containers meeting minimum requirements of state regulations of the State Department of Ecology.

G. “Newspaper” means any newspaper of general circulation as defined by general law.

H. “Park” means a park, reservation, playground, beach, recreation center or any other area in the city, devoted to active or passive outdoor recreation.

I. “Person” means any individual, industry, public or private corporation, copartnership, association, firm, or other entity, whatsoever.

J. “Private property” means any property not publicly owned or held out for use by the public.

K. “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.

L. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.

M. “State regulations” means the regulations duly promulgated 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.

N. “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 rail or tracks.

O. “Watercraft” means any boat, ship, vessel, barge, or other floating craft. (Ord. 828 § 2, 1976)

7.12.040 Interpretation.

In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 828 § 17, 1976)

7.12.050 Littering prohibited – Exceptions.

A. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the city or upon any 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 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 or any 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 possession of such property, or unless the act is done under the personal direction of said owner or tenant, and provided said litter shall not cause a public nuisance or be in violation of any other state or local laws, rules or regulations.

B. Penalties for Violation of This Section.

1. It is a Class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

2. It is a Class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu of part of all of the cleanup fee, 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. (Ord. 2164 § 13, 1997; Ord. 828 § 3, 1976)

7.12.055 Owner to maintain premises free of litter.

The owner or persons in control of any private residence or other private property shall at all times maintain the premises free of litter. (Ord. 965 § 1, 1978)

7.12.060 Litter receptacles – Placement responsibility – Locations where required.

A. 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 as numbers appropriate to need as specified by state regulations.

B. 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. (Ord. 828 § 4, 1976)

7.12.070 Litter receptacles – Use restrictions.

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. (Ord. 828 § 5, 1976)

7.12.080 Litter receptacles – Damaging or defacing prohibited.

It is unlawful for any person to willfully damage or deface any litter receptacle. (Ord. 828 § 6, 1976)

7.12.090 Litter receptacles – Responsibility for removal of material deposited.

It shall be the responsibility of the local municipality, other 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. (Ord. 828 § 7, 1976)

7.12.100 Litter bags mandatory in vehicles and watercraft.

The owner and person in possession of all vehicles or watercraft shall keep a litter bag in said vehicle or watercraft at all times. (Ord. 828 § 8, 1976)

7.12.110 Sweeping litter into gutter prohibited.

No person shall sweep into or deposit in any gutter, street, 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. (Ord. 828 § 9, 1976)

7.12.120 Throwing or distributing handbills in public places prohibited – Exception.

No person shall throw or deposit any handbill upon any public place within the city; provided, however, that it shall not be unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it. (Ord. 828 § 10, 1976)

7.12.130 Depositing handbills on uninhabited or vacant property prohibited – Exceptions.

A. No person shall throw or deposit any handbill in or upon uninhabited or vacant private property.

B. Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution 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 deposited by the elements upon any public place or upon private property. (Ord. 828 § 11, 1976)

7.12.140 Throwing litter from vehicles prohibited.

No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property. (Ord. 828 § 12, 1976)

7.12.150 Dropping materials from vehicles – Prohibited when – Owner cleanup duty.

A. 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 and 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.

B. Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public street, shall immediately cause such public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 828 § 13, 1976)

7.12.160 Enforcement officers and procedures.

Enforcement of this chapter may be by any police officer and other persons designated by the mayor. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating the provisions of this chapter. 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 persons charged. (Ord. 828 § 14, 1976)

7.12.170 Violation – Penalty.

Any conduct by any person violating any of the provisions of this chapter is unlawful and any person convicted of a violation of this chapter shall be fined only and in an amount not to exceed $250.00. (Ord. 828 § 18, 1976)

7.12.180 Severability.

If any section, word or words of this chapter is found to be unconstitutional or otherwise invalid, such unconstitutionality shall not affect the remaining portions of this chapter. (Ord. 828 § 16, 1976)

Chapter 7.14
SOLID WASTE DISPOSAL SYSTEM

Sections:

7.14.010 Definitions “A” through “L.”

7.14.020 Definitions “M” through “Z.”

7.14.030 Snohomish County system designated.

7.14.040 Snohomish County authority.

7.14.050 Solid waste diversion, county approval required.

7.14.060 When disposal provisions shall not apply.

7.14.070 Unlawful disposal of solid waste.

7.14.080 Penalties.

7.14.090 Interlocal agreement authorized, when.

7.14.100 Severability.

7.14.010 Definitions “A” through “L.”

As used in this chapter, the following definitions apply:

“City” means the city of Lynnwood, Washington.

“Comprehensive solid waste management plan” or “comprehensive plan” means the Snohomish County comprehensive solid waste management plan, including a recycling element, as adopted by Snohomish County Motion No. 90-052, and as amended from time-to-time.

“County” means Snohomish County, Washington.

“Interlocal agreement” means the interlocal agreement regarding solid waste disposal and site designation between the county and its cities and towns, which is incorporated herein by this reference. (Ord. 1747 § 1, 1990)

7.14.020 Definitions “M” through “Z.”

As used in this chapter, the following definitions apply:

“Person” means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

“Solid waste” means solid waste as defined by WAC 173-304-100(73), except for wastes excluded by WAC 173-304-015.

“Solid waste handling” means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes or more useful forms or combinations thereof, and as such term is defined by RCW 70.95.030(17).

“System” means all facilities for solid waste handling owned or operated, or contracted for, by the county, and all administrative activities related thereto. (Ord. 1747 § 1, 1990)

7.14.030 Snohomish County system designated.

All solid waste generated within the corporate limits of the city shall be disposed of through the county system as provided for in the comprehensive plan, which is hereby adopted by this reference, except as otherwise provided in LMC 7.14.060. (Ord. 1747 § 2, 1990)

7.14.040 Snohomish County authority.

Snohomish County is authorized to designate disposal sites for the disposal of all solid waste which is generated within the city, subject to all applicable laws and regulations of the Snohomish health district and the city. (Ord. 1747 § 2, 1990)

7.14.050 Solid waste diversion, county approval required.

No solid waste may be diverted from the disposal sites designated by the county without the county’s approval or as provided in the comprehensive plan. (Ord. 1747 § 2, 1990)

7.14.060 When disposal provisions shall not apply.

LMC 7.14.030 through 7.14.050 shall not apply:

A. To the disposal of solid waste through the waste recycling element of the comprehensive plan or any waste reduction or recycling plan approved by the county;

B. To disposal of hazardous wastes or substances where disposal into the county system is prohibited or where other provisions pursuant to state or federal law are made for the handling of such wastes or substances;

C. Where disposal is otherwise provided for under state or federal law. (Ord. 1747 § 2, 1990)

7.14.070 Unlawful disposal of solid waste.

It is unlawful for any person to dispose of any solid waste generated in the city and subject to this chapter unless that person complies with the provisions of RCW 70.95.240, 70.95.500 and 70.95.610 which are hereby adopted by this reference. (Ord. 1747 § 3, 1990)

7.14.080 Penalties.

Any violation of the provisions of RCW 70.95.240 shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment.

Any violation of the provisions of RCW 70.95.610 shall be a misdemeanor, punishable by a fine not to exceed $1,000.

Any violation of the provisions of RCW 70.95.500 shall be no less than $200.00 nor more than $2,000 for each offense. (Ord. 1747 § 3, 1990)

7.14.090 Interlocal agreement authorized, when.

The city council authorizes and directs the mayor to execute the Interlocal Agreement on behalf of the city. This authorization is conditioned on similar approval by subscribing cities that represent at least 60 percent of the projected service population, and further conditioned on adoption by the county of its solid waste management plan. A copy of the comprehensive plan shall be on file with the city clerk. (Ord. 1747 § 4, 1990)

7.14.100 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 1747 § 5, 1990)

Chapter 7.15
SOLID WASTE RECYCLING

Sections:

7.15.010 Director to promulgate recycling regulations.

7.15.020 Director’s bi-annual review.

7.15.030 Director’s authority to amend rules and regulations.

7.15.040 Director to present rules to council.

7.15.050 Circulation of rules and regulations.

7.15.060 Mandatory separation of yard waste.

7.15.070 Severability.

7.15.010 Director to promulgate recycling regulations.

The city’s director of public works shall promulgate rules and regulations regarding the types of recyclable materials to be collected; recipients of recycling service; frequency of recycling service; types of promotional materials; landfill options; timetables for implementing recycling services; and reporting requirements. (Ord. 1785 § 2, 1990)

7.15.020 Director’s bi-annual review.

The director of public works shall review these rules and regulations at least bi-annually to insure compliance with state laws and regulations pertaining to solid waste management, and to reduce disposal of solid waste materials which could be recycled. (Ord. 1785 § 2, 1990)

7.15.030 Director’s authority to amend rules and regulations.

The director of public works shall have the authority to amend the recycling rules and regulations as necessary. (Ord. 1785 § 2, 1990)

7.15.040 Director to present rules to council.

Recycling rules and regulations, and any amendments thereto, as promulgated by the director of public works may be presented to the city council for action in accordance with RCW Title 35. (Ord. 1785 § 2, 1990)

7.15.050 Circulation of rules and regulations.

A copy of the rules and regulations shall be given to each licensed solid waste (garbage) collector that services the city of Lynnwood. (Ord. 1785 § 2, 1990)

7.15.060 Mandatory separation of yard waste.

It shall be unlawful to discard yard waste together with solid waste (garbage). Yard waste shall be made available for yard waste collection and/or composting services as soon as the same are provided; or the customer shall dispose of yard waste through composting, or otherwise, on their own property; or by other lawful means. (Ord. 1785 § 2, 1990)

7.15.070 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 1785 § 3, 1990)