(A0173-12)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) 
Containers are receptacles approved by the city services commission and used for the disposal and storage of solid waste.
(b) 
Litter means any quantity of uncontainerized paper, metal, glass, plastic or miscellaneous solid waste which may be classified as trash, debris, rubbish, refuse, garbage or junk.
(c) 
Private property means and includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreational facilities.
(d) 
Public property means and includes, but is not limited to, the following locations: streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly-owned recreation facilities, and municipal waterways and bodies of water.
(A0173-12; Ord. of 9-30-85, Part. II, § 1; Ord. of 12-1-2000)
(a) 
It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the city, except in containers or areas lawfully provided therefor.
(b) 
It shall be unlawful for any business located outside the city or person who is not a legal resident of the city, to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the city.
(c) 
In the prosecution charging a violation of (a) above from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation.
(d) 
Every person distributing commercial handbills, leaflets, flyers or any other advertising and information material shall take whatever measures that may be necessary to keep such materials from littering public or private property.
(e) 
To facilitate proper disposal of litter by pedestrians and motorists, such publicly patronized or used establishments as fast-food outlets, shopping centers, convenience stores, supermarkets, parking lots, mobile canteens, schools and any other establishments, as designated by the city services commission, shall provide, and regularly empty and maintain in good condition adequate containers that meet the standards prescribed by the city services commission.
(Ord. of 9-30-85, Part. II, § 2)
(a) 
It shall be unlawful for any person to transport any loose cargo by truck or other motor vehicle within the corporate limits of the city unless such cargo is covered and secured in such a manner as to prevent depositing of litter on public or private property.
(b) 
The provisions of (a), above, shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and the person from whose residence or establishment the cargo originated.
(c) 
In the prosecution charging a violation of (a) above, lack of adequate covering and securing shall in itself constitute proof a violation has been committed.
(Ord. of 9-30-85, Part. II, § 3)
(a) 
Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of litter and shall make appropriate arrangements for the collection thereof.
(b) 
Every owner or occupant shall remove at the end of each working day any litter that has not been containerized at these locations.
(Ord. of 9-30-85, Part. II, § 4)
(a) 
It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project.
(b) 
Every owner, agent or contractor shall have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof or for transport by himself to an authorized facility for final disposition.
(c) 
The owner, agent or contractor may be required at any time to show proof of appropriate collection or, if transported by himself, of final disposition at an authorized facility.
(Ord. 03-18-2004; A0173-12; Ord. of 9-30-85, Part. II, § 5; A0110-10)
(a) 
All residences located in any area in which collection is by the city or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections.
(b) 
All items too large to fit into containers such as, but not limited to, appliances, furniture and mattresses shall be disposed of only in accordance with the provisions outlined in article III of this chapter.
(c) 
All loose materials which normally fit into containers but which are excess as a result of special circumstances such as holidays shall be bundled and tied securely to prevent them from blowing or scattering and shall be placed beside the containers.
(d) 
Containers shall be kept covered at all times.
(e) 
Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the city services commission. Failure to comply will result in a fine in accordance with Section 1-8 of these Revised Ordinances of the City of Everett.
(f) 
In placing containers for collection and removing them after collection, all residents shall follow the practices prescribed by the city services commission in article III of this chapter.
(g) 
It shall be unlawful for any resident to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.
(h) 
It shall be unlawful for any person not residing within the limits of the city or a corporation, institution or organization not located within the limits of the city to place household or commercial solid waste on the streets of the city for removal by the city or its approved contractor.
(i) 
Requirements for storage of refuse and trash cans.
(1) 
Storage of all trash and trash containers, when not set out for collection in accordance with Section 16-55, shall meet one or more of the following requirements:
a. 
Stored in the yard behind the primary residential or commercial structure,
b. 
Stored in the garage,
c. 
Stored in the side yard of the primary residential structure.
(2) 
The code enforcement director or city services director may grant exceptions in neighborhoods where certain housing types prohibit compliance with storage requirements.
(Ord. of 9-30-85, Part. II, § 6; A0173-12)
(a) 
All establishments and institutions which generate solid waste for collection by the city or approved contractors shall abide by the waste container requirements prescribed by the city services commission.
(b) 
Containers shall be covered at all times.
(c) 
Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the city services commission.
(1) 
Failure to do so within five (5) days of such notification shall constitute a violation of this section.
(d) 
It shall be unlawful for any owner, manager, or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.
(Ord. of 9-30-85, Part. II, § 7; A0173-12)
(a) 
Before building permits shall be issued for construction of commercial buildings and multiple-dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the city services commission.
(b) 
No certificate of occupancy shall be issued for such premises until the city service commission’s approval of these facilities has been obtained.
(Ord. of 9-30-85, Part II, C8: Ord. of 5-27-88; Ord of 03-03-2005; Ord. of 3-30-2005)
(a) 
Every owner, agent, occupant or lessee shall keep exterior private property free of litter. This requirement applies not only to the removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points.
(b) 
Owners, agents, occupants or lessees whose properties face on municipal sidewalks and strips between streets and sidewalks shall be responsible for keeping those sidewalks and strips free of litter.
(c) 
It shall be unlawful to sweep or push litter from sidewalks and strips into streets. Sidewalk and strip sweepings must be picked up and put into household or commercial solid waste containers.
(d) 
Every owner of a vacant lot or other vacant property shall appoint an agent who shall have responsibility for keeping that lot or other property free of litter and the growth of excess vegetation which traps litter and encourages dumping.
(Ord. of 06-25-2001; Ord. of 9-30-85, Part. III)
Designated personnel in the following departments or boards are authorized to enforce sections of this article as prescribed below:
(a) 
Police department.
Regular police officers are empowered to enforce the provisions of this article.
(b) 
Executive Director of City Services.
The executive director of City Services is authorized to delegate enforcement authority to such agents as he deems appropriate. Such authority is applicable to the entire article except where prohibited by police authority.
(c) 
In pursuance of their normal work, inspectors in the following departments and agencies are authorized to enforce the following sections:
(1) 
Building department.
a. 
The building department may enforce sections 16-25 and 16-28.
(2) 
Fire department.
The fire department may enforce:
a. 
Section 16-26, wherever violations of the household solid waste containerization ordinance constitute existing or potential fire hazards.
b. 
Section 16-27, wherever violations of the commercial solid waste containerization ordinance constitute existing or potential fire hazards.
c. 
Section 16-29, wherever violations of the clean property ordinance constitute existing or potential fire hazards.
(3) 
Health department.
The health department may enforce:
a. 
Section 16-26, wherever violations of the household solid waste containerization ordinance constitute existing or potential health hazards.
b. 
Section 16-27, wherever violations of the commercial solid waste containerization ordinance constitute existing or potential health hazards.
c. 
Section 16-29, wherever violations of the clean property ordinance constitute existing or potential health hazards.
(4) 
Housing authority.
The housing authority may enforce:
a. 
Section 16-26, where there are violations of the household solid waste containerization ordinance at Housing Authority property.
b. 
Section 16-29, where there are violations of the clean property ordinance at Housing Authority property.
(5) 
Park department.
The park department may enforce:
a. 
paragraphs (a) and (c) of section 16-22 with respect to parks and playgrounds in the city.
(Ord. of 3-30-2005; Ord. of 10-21-2005)
(a) 
Any person who shall fail to comply with the provisions of this article will be subject to a fine in accordance with Section 1-8 of these Revised Ordinances of the City of Everett.
(Ord. of 05-19-2004)
Anyone except an authorized agent of the City of Everett who opens a container placed on the sidewalk for collection or removes items from a container placed on the sidewalk for collection shall be subject to a fine in accordance with Section 1-8 of these Revised Ordinances of the City of Everett.