8.44.030 Definitions – Construction.
As used in this chapter, unless the context clearly indicates otherwise, the following terms have the meanings set forth in this section.
A. “City” means the city of Bothell, Washington.
B. “Handbill, commercial” means 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. The terms of this section do not apply where an admission fee is charged or a collection is made 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 section authorizes 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. “Handbill, noncommercial” means 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 definitions of a commercial handbill or newspaper.
D. “Highway” is synonymous with and includes street, road and alley.
E. “Litter” means all solid wastes, including but not limited to containers, packages, wrapping, printed matter, or other material thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, saw milling, farming, or manufacturing.
F. “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.
G. “Litter receptacle” means those containers meeting minimum requirements of state regulations of the State Department of Ecology.
H. “Newspaper” means 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 any periodical or current magazine regularly published, with not less than four issues per year and sold to the public.
I. “Park” means a park, reservation, playground, beach, recreation center, or any other area in the city devoted to active or passive outdoor recreation.
J. “Person” means any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, or other entity whatsoever.
K. “Place, public” means any area that is used or held out for use by the public whether owned or operated by public or private interests.
L. “Regulations, state” 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, which are by this reference incorporated in this chapter as if set forth in full.
M. “Residence, private” 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.
N. “Road” is synonymous with and includes street, highway, and alley.
O. “Street” is synonymous with and includes road, highway, and alley.
P. “Vehicle” means 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.
Q. “Waste, solid” 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 discharged commodities.
R. “Watercraft” means any boat, ship, vessel, barge, or other floating craft.
S. All words used in the present tense include the future and past tenses, all words in the plural number include the singular number, and all words in the singular number include the plural number.
T. The word “shall” is mandatory and not merely directory. (Ord. 697 § 2, 1973).