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 always mandatory and not merely directory.
A. “City” means the City of Snohomish, Washington.
B. “Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature, excluding newspapers:
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety, and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving, or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this City; or
4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
C. “Highway” for the purpose of this chapter is synonymous with and includes street, road, and alley.
D. “Litter” means all solid wastes including but not limited to containers, packages, wrapping, 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” is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
H. “Non commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
I. “Park” is a park, reservation, playground, beach, recreation center, or any other area in the City, devoted to active or passive outdoor recreation.
J. “Person” is any individual, political subdivision, government agency, municipality, industry, public or private corporation, co partnership, association, firm, or other entity, whatsoever.
K. “Private residence” means any privately owned yard, grounds, walk, driveway, dwelling, house, building, or other structure, including appurtenant porches, steps, or vestibules used or designed either wholly or in part for private residential purposes, whether single family, duplex, or multiple, and whether inhabited or temporarily or continuously uninhabited or vacant.
L. “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.
M. “Road” for the purpose of this chapter is synonymous with and includes street, highway, and alley.
N. “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.
O. “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, copies of the applicable portions of which are marked as Exhibit “A” and by this reference are incorporated herein as if set forth in full.
P. “Street” for the purpose of this chapter is synonymous with and includes road, highway, and alley.
Q. “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 rails or tracks.
R. “Watercraft” means any boat, ship, vessel, barge, or other floating craft. (Ord. 1228, 1974.)