[1]
For related provisions see Chapter 5.16 KCC, Junkyards; KCC § 7.04.070, Animal littering; Chapter 7.36 KCC, Dismantled Motor Vehicles; Chapter 8.28 KCC, Dangerous Containers; KCC § 10.32.010, Confinement of loads; KCC § 10.32.020, Removal of dirt and debris; Chapter 10.36 KCC, Abandoned Vehicles and Impoundment; Chapter 12.08 KCC, Sidewalks; KCC § 18.28.240, Disposal of waste, litter, and garbage; KCC § 18.32.090, Sanitation; and KCC § 18.32.100, Refuse deposit.
(a) 
It is unlawful for any person to litter. A person may not throw, drop, deposit, discard, or otherwise dispose of litter from a vehicle or otherwise, on public or private property in the city or in waters in the city, or under city jurisdiction unless:
(1) 
The property is designated by the city or borough as a site for the sanitary disposal of garbage or refuse, and the person is authorized to use the site for that purpose; or
(2) 
Litter is placed in a litter receptacle which that person is authorized to use so the litter is prevented from being carried away or deposited by the elements upon public or private property or water in the city or under city jurisdiction.
(b) 
A person who does any of the following is guilty of littering:
(1) 
Sweeps or deposits the accumulation of litter from any sidewalk or premises onto any public way;
(2) 
As an owner or lessee of premises, permits any litter on the premises to remain or be stored in such a manner as to allow the litter to be scattered or carried away by wind or water;
(3) 
As an owner or lessee of premises, maintains or allows litter to accumulate on the premises in a manner and in an area viewable by the public, other than for collection purposes or junkyard purposes pursuant to applicable law, and fails to remove and dispose of all such litter within five days after receiving written notice to do so from the city manager or designee.
(c) 
The finding, in a place where the throwing or deposit of litter is prohibited, of litter bearing the name of a person as addressee, or under circumstances indicating ownership, is prima facie evidence of the commission of the offense of littering by such a person.
(Ord. 816 § 2, 1987)
As used in this chapter:
"Authorized private receptacle"
means any receptacle for the deposit or storage of garbage, rubbish, or ashes which is approved by or pursuant to applicable law and any container for the deposit of litter other than garbage, rubbish, and ashes which will prevent such litter from being scattered or carried away by wind or water.
"Buyer"
means a person who is a purchaser of goods or services.
"Disposable plastic shopping bag"
means a bag made from plastic, including plastic marketed or labeled as "biodegradable" or "compostable," that is not suitable for repeated reuse, if made of or containing plastic that is less than four mils thick, is unable to be cleaned and disinfected regularly, and is designed to carry buyer purchases from the seller's premises. "Disposable plastic shopping bag" does not include bags used by buyers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as washers and bolts; bags used to contain dampness or leaks from items such as frozen foods, meat or fish, flowers or potted plants; bags used to protect prepared foods or bakery goods; bags provided by pharmacists to contain prescription drugs; laundry or dry cleaning bags; bags sold for buyer's use off the seller's premises for such purposes as the collection and disposal of garbage, pet waste, or yard waste; and newspaper bags.
"Litter"
means all waste material of every kind and nature, including, but not limited to, disposable packages or containers; glass and metal containers; construction material; rubbish; garbage; junk; paper; paper products; rock, gravel, and/or dirt; machinery; vehicles and parts thereof; grass, shrub, and tree clippings; dead animals; any nauseous or offensive matter of any kind; and any object likely to injure any person or create a traffic hazard.
"Public receptacle"
means any container maintained in a public place for the reception of litter.
"Seller"
means a person or persons who vend property, including prepared foods, persons furnishing services, and all persons making sales, including goods and services.
(Ord. 816 § 2, 1987; Ord. 1372 § 1, 2018)
(a) 
Dumping restrictions. It is unlawful for any person, firm, or corporation to dump or throw any garbage, refuse, or debris, or waste products, nor shall any vessel pump its bilges containing any oil and/or gasoline in waters of the city or under city jurisdiction.
(b) 
Refuse removal responsibility. All businesses, industries, commercial establishments, or other occupants of waterfront property shall be charged with the responsibility of keeping the beachfront used or occupied by them clear of all refuse of any nature whatsoever.
(Ord. 816 § 2, 1987)
(a) 
A person who violates the provisions of this chapter is guilty of an infraction which is punishable pursuant to Chapter 1.12 KCC.
(b) 
Notwithstanding the availability of any other remedy, the city or any aggrieved person may bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the plaintiff suffered as a result of the violation.
(c) 
In the event that any owner or lessee fails to keep the property used or occupied by them clear of litter as provided in this chapter, the city manager shall cause such litter to be removed from the property and assess the cost thereof against such premises. Such assessment shall be a paramount lien upon the premises against which it is assessed, and may be collected and enforced as general taxes or special assessments for improvements are collected and enforced, and be subjected to the same penalties and interest after delinquencies as in the case of general taxes.
(d) 
Any owner or lessee of property whose premises have been cleared of litter by the city as provided in this section shall be mailed by registered mail a notice in writing by the city clerk, stating the time of the removal and the cost thereof to the city. This notice shall state that, if the owner does not pay the cost within 10 days or appear and in writing object to the charge, the charge shall be immediately assessed against the property by motion properly carried at the next regular council meeting. The lien shall attach from the date of passage of the motion; provided, however, no such motion shall be made within 10 days of the mailing of the notice.
(e) 
In addition to any other penalty prescribed herein, the commission of any act prohibited herein or failure to perform any act required herein constitutes a public nuisance and the city may institute proceedings in the superior court for the abatement of the nuisance.
(f) 
The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the city.
(Ord. 816 § 2, 1987)