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Subjects › Legal › Nuisances › Litter and Garbage Nuisances
Updated 12/2011

Litter and Garbage Nuisances

Contents

Litter

The state's Model Litter Control Act, contained in Ch. 70.93 RCW, is prefaced with a finding that there is a fundamental need for a healthful, clean, and beautiful environment. The proliferation and accumulation of litter discarded throughout this state impairs this goal 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 by authorizing counties to abate a nuisance at the expense of the responsible party. See the Department of Ecology's Litter Website.

Many local governments have adopted the Model Litter Control Act by reference. Others have restated its provisions and have 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 to the Model Litter Control Act. RCW 70.93.060, which prohibits littering, 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 chapter 70.93 RCW.

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, presumably imposing 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.

  • Burien Municipal Code Sec. 8.45.020(9)(viii) and (ix) - Definitions
  • Mercer Island Municipal Code Sec. 8.24.020(G) - Types of Nuisances - Dumping material without a permit
  • Mercer Island Municipal Code Sec. 8.04.030(B) - Disposal of garbage, refuse, recyclables and yard and garden waste - Use of garbage cans
  • Snohomish County Ordinance No. 05-136 (Adobe Acrobat Document) - Dumping, passed 11/30/2005

Dumping of Yard Debris/Waste

  • Auburn Municipal Code Sec. 8.08.130 A - Disposal Restrictions Generally.
  • Chelan Municipal Code Sec. 8.26.020 - Definitions - Nuisance definition J.2.i includes yardwaste
  • Eatonville Municipal Code Sec. 8.04.080 (Adobe Acrobat Document) - 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 Clean Kitsap County
  • Lake Forest Park Municipal Code Sec. 8.04.050 - Unlawful Disposal of Municipal Solid Waste, 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 Sec. 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 Sec. 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 Public Works and Utilities Tips to Reduce Illegal Dumping

Handbills

Comprehensive Litter Provisions

Garbage

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

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

Plastic Bags and Styrofoam Containers

Washington State

In 1989, the Washington Legislature preempted local governments' ability to regulate product disposal and product packaging; however, the legislation (Laws of 1989, ch. 431, § 50) contained an expiration date of July 1, 1993. Two cities had passed ordinances prior to 1989.

  • Bainbridge Island Municipal Code Ch. 8.24 - Use of Nonbiodegradable Packaging Materials
  • Bellingham Ordinance No. 2011-07-034 (Adobe Acrobat Document) - An ordinance of the city council regulating retail establishments’ provision of single-use carryout bags, passed 07/11/2011
  • Edmonds
  • Friday Habor Municipal Code Ch. 8.10 (Adobe Acrobat Document) - Restrictions on the Use of Polystyrene Materials in Food Service Containers
  • Mukilteo
    • Mukilteo Ordinance No. 1294 () - Promotes the use of recyclable bags in 2012 by retail stores located in the City of Mukilteo and prohibits the use of single-use plastic carryout bags starting January 1, 2013, passed 12/12/2011
    • Plastic Bag Reduction Ordinance - Mukilteo webpage explaining new regulations
    • Mukilteo Draft Ordinance No. 1294 () - Promotes the use of recyclable bags in 2012 by retail stores located in the City of Mukilteo and to prohibit the use of single-use plastic carryout bags starting January 1, 2013. File contains: Staff cover memo; Exhibit 1 - Draft ordinance; Exhibit 2 - What Does Ordinance Address?; 3. Exhibit 3 - Plastic Bag FAQs ; 4. Summary of Ordinance's Purpose
    • Audio of Council Discussion and Public Hearing of Draft Ordinance No. 1294, 12/12/2011
  • Port Townsend Municipal Code Ch. 6.20 - Unlawful Use of Harmful Packaging Materials
  • Seattle

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