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A. A person is guilty of littering if he throws, drops, deposits, discards or otherwise disposes of litter upon any public property within the city or upon private property within the city not owned by him, or in the waters of the city, whether from a vehicle or otherwise, including but not limited to any highway, park, recreational area, road, street or alley, except:

1. When such property is designated by the city for the disposal of garbage and refuse and such person is authorized to use such property for such purpose; or

2. Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of such private or public property or waters.

B. As used in this section, “litter” means all waste material, including but not limited to, disposable packages or containers.

C. Penalties.

1. It is a class 3 civil infraction as provided in Chapter 7.80 RCW for a person to litter in an amount of less than or equal to one cubic foot.

2. It is a class 1 civil infraction as provided in Chapter 7.80 RCW for a person to discard a cigarette, cigar, or other tobacco product that is capable of starting a fire.

3. It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard.

4. It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more.

5. In addition to the penalties applicable to this title, a person convicted of littering may be directed in the sound discretion of the court to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that such person has deposited litter, any or all litter deposited thereon by anyone prior to the date of execution of sentence. (Ord. 1335 §10, 2009; Ord. 499 §2 (part), 1978).