Title 8 | Health, Welfare, and Sanitation

Chapters
8.04 Food Handling Rules and Regulations
8.08 Health Permits - Food Handling Establishments
8.12 Flood and Mudslide Control
8.20 Depositing Garbage in Designated Places
8.21 Recycling and Yard Waste Service Level ^[1]
8.22 Compost Procurement
8.24 Smoking and Vaping

[1] Formerly "Recycling Service Level", renamed by Ord. 2023-008, 2023

Chapter 8.04
FOOD HANDLING RULES AND REGULATIONS*

Sections
8.04.010 Adoption by reference.
8.04.020 Penalty.
8.04.030 Savings clause.

* For the statutory provisions authorizing local boards of health to enact local regulations necessary to preserve public health and to provide for the control of contagious diseases, see RCW 70.05.060(3) and 70.05.060(4).

8.04.010 Adoption by reference.
The Board of County Commissioners hereby adopts by reference the Washington State Board of Health Rules and Regulations for Food Service Standards (Chapter 246-215 WAC) effective May 2, 2005, and as hereafter amended. (Ord. 2005-27, 2005; Ord. 99-08, 1999).

8.04.020 Penalty.
In addition to the penalties provided in WAC 246-215, any person, firm, or corporation violating any provision of these regulations or WAC 246-215 shall be guilty of a misdemeanor as defined in RCW 9A.20.021. (Ord. 2005-27, 2005).

8.04.030 Savings clause.
If any provision of this ordinance or its application to any person, entity or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstances shall not be affected. (Ord. 2005-27, 2005).

Chapter 8.08
HEALTH PERMITS - FOOD HANDLING ESTABLISHMENTS*

Sections
8.08.010 Food handling establishment defined.
8.08.020 Permit required - Exceptions.
8.08.030 Permit issuance.
8.08.040 Fees.
8.08.050 Nontransferable - Annual renewal.
8.08.060 Violation - Penalty.

* Editor's note: The fee schedule adopted by Res. 79-9, previously codified in Chapter 8.08 KCC, has been superseded by the fee schedule attached to Res. 88-7, which is codified in Chapter 4.04 KCC.

8.08.010 Food handling establishment defined.
As used in this chapter "food handling establishment" means and includes any place where food and drink are served to or provided for the public with or without charge, such as hotels; restaurants; cafes; cafeterias; boarding houses; street vendors, or stalls; private, public, parochial or Sunday schools; churches and public institutions; railway stations; recreational and labor camps; bars; taverns; soda fountains; itinerant restaurants operating for a temporary period in connection with a fair, circus, public exhibition, or some similar gathering; food markets, meat markets, or any place, wholesale or retail, where foods or meats in bulk or package form, are provided for the public for preparation and service elsewhere; and any other establishment not otherwise described, but which is included in the definition of "Food establishment" in Chapter 246-215 WAC, except, that slaughterhouses and meat packing plants which are inspected by either the United States Government or by the state for sanitation purposes shall be exempt from this chapter. (Ord. 2005-27, 2005; Ord. 99-08, 1999; Res. 64-19, Vol. N, p. 38, 1964; Vol. L, p. 577 § 1, 1958. Formerly 5.12.010).

8.08.020 Permit required - Exceptions.
It is unlawful for any person, firm or corporation to operate any food handling establishment, as defined in KCC 8.08.010, in the county, without first having secured and paid for a license or food handling establishment permit to operate such establishment; except, that parochial schools, Sunday schools, churches, and public institutions serving food and drink to the public, with or without charge, shall not be required to pay a fee to obtain a license or food handling establishment permit. (Ord. 99-08, 1999; Vol. L, p. 577 § 2, 1958. Formerly 5.12.020).

8.08.030 Permit issuance.
The license or food handling establishment permit shall be obtained from the county health officer or designee after application therefore has been made to such health officer. No such license or food handling establishment permit shall be issued to any person, firm or corporation whose place of business does not comply with section KCC 8.04.010 of this code. (Ord. 2005-27, 2005; Ord. 99-08, 1999; Vol. L, p. 577 § 3, 1958. Formerly 5.12.030).

8.08.040 Fees.
The application process, period of validity and fee for such license or food handling establishment permit shall be set by annual resolution of the Board of Health. (Ord. 2005-27, 2005; Ord. 9908, 1999; Ord. 67-3, Vol. N, p. 377, 1967; Vol. L, p. 577 § 4, 1958. Formerly 5.12.040).

8.08.050 Nontransferable - Annual renewal.
Such licenses or food handling establishment permits shall be nontransferable and the same shall be renewed annually. (Ord. 99-08, 1999; Vol. L, p. 577 § 5, 1968. Formerly 5.12.050).

8.08.060 Violation - Penalty.
Any person, firm or corporation violating any provisions of this chapter shall be guilty of a misdemeanor and shall be punished as provided in RCW 9A.20.021. (Ord. 2005-27, 2005; Ord. 99-08, 1999; Vol. L, p. 577 § 6, 1968. Formerly 5.12.060).

Chapter 8.12
FLOOD AND MUDSLIDE CONTROL

Sections
8.12.010 Legislative action.
8.12.020 Responsibility for annual progress report.

8.12.010 Legislative action.
The board of county commissioners assures the Federal Insurance Administration that it will take legislative action as follows:

1. Submit a copy of the land use and control measures the county has adopted in order to meet the requirements of 1910.3 and/or 1910.4 of the National Flood Insurance Regulations;
2. Take such other official action as may be reasonably necessary to carry out the objectives of the program. Such actions will include but not be limited to:
   1. Delineating or assisting the administrator, at his request, in delineating the limits of the areas having special flood and/or mudslide hazards on available local maps of sufficient scale to identify the location of building sites;
   2. Providing such information as the administrator may request concerning present uses and occupancy of the flood plain and/or mudslide area;
   3. Maintaining for public inspection and furnishing upon request, with respect to each area having special flood hazards, information on elevations (in relation to mean sea level) of the lowest floors of all new or substantially improved structures and, where there is a basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground will enter; and
   4. Providing the name of the individual and the office that will be responsible for furnishing the first floor elevation information;
   5. Cooperating with federal, state, and local agencies and private firms which undertake to study, survey, map, and identify flood plain or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards. (Ord. 99-08, 1999; Res. 73-10, 1973).

8.12.020 Responsibility for annual progress report.
The board of county commissioners appoints the Kittitas County planning director with the responsibility, authority and means to submit on the anniversary date of the county's initial eligibility, an annual report to the administrator on the progress made during the past year within the community in the development and implementation of flood plain and/or mudslide area management measures and to implement all other commitments made herein. (Ord. 99-08, 1999; Res. 73-10, 1973).

Chapter 8.20
DEPOSITING GARBAGE IN DESIGNATED PLACES*

Sections
8.20.010 Permitted areas.
8.20.015 Dropping from vehicle.
8.20.020 Penalty for violation.

* Statutory provisions: See Chapter 36.58 RCW, Solid Waste Disposal.

8.20.010 Permitted areas.
It is unlawful for any person to throw, drop, or to leave any discarded object, debris, or any waste, upon any public or private property in this county, or in any waters in this county, unless:

1. Such property is designated by the federal government, state, county or city/town within Kittitas County for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose;
2. Into a litter receptacle or container installed on such property by any governmental agencies described in subsection (1) of this section or installed with their consent;
3. He is the owner or a tenant in lawful possession of such property. (Ord. 99-08, 1999; Ord. 94-21, 1994)

8.20.015 Dropping from vehicle.
It is unlawful to drive or move any vehicle on any public road or highway within the county which is hauling any discarded object, debris, or any waste or garbage unless such vehicle is either constructed or loaded in such a manner as to prevent any of its load from dropping, sifting, leaking, blowing or otherwise escaping therefrom. If any discarded object, debris, or any waste or garbage drops, sifts, leaks, blows or escapes from any vehicle on any public road or highway, it shall be prima facie evidence that the vehicle was loaded in violation of this chapter. (Ord. 99-08, 1999; Ord. 94-21, 1994)

8.20.020 Penalty for violation.
Any person violating any of the provisions of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period not exceeding 90 days. (Ord. 99-08, 1999; Ord. 94-21, 1994)

Chapter 8.21
RECYCLING AND YARD WASTE SERVICE LEVEL*

Sections
8.21.005 Effective date.
8.21.010 Purpose.
8.21.020 Definitions.
8.21.030 Residential curbside recycling and yard waste collection boundaries.
8.21.040 Minimum levels of curbside recycling and yard waste collection service.
8.21.050 Curbside recycling and yard waste collection rates.
8.21.060 County notification of WUTC tariff filings.
8.21.070 Program promotion and education requirements.
8.21.080 Reporting requirements.

* Formerly "Recycling Service Level", renamed by Ord. 2023-008, 2023

8.21.005 Effective date.

This ordinance shall take effect on January 1, 2024. (Ord. 2022-017, 2022)

8.21.010 Purpose.

To address increased demand from Kittitas County Residents for curbside recycling and yard waste collection. (Ord. 2022-017, 2022)

8.21.020 Definitions.

1. Cart means a watertight heavy plastic receptacle with a rated capacity of approximately ninety-six (96) gallons, having a hinged, tight-fitting lid and two (2) wheels.
2. Container means a detachable container or drop-box container suitable for storage and collection of city solid waste.
   1. Detachable containers are watertight metal or plastic containers equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and are not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity.
   2. Drop-box containers are all-metal containers with a capacity of ten (10) cubic yards or more and may be loaded onto a specialized collection vehicle.
3. Curb or Curbside means the area within five (5) feet of a public street where collection services occur. If safe access is difficult or if extraordinary circumstances preclude a particular location, curbside shall be considered a placement suitable for customers, convenient for contractor's equipment, and mutually agreed to by contractor and WUTC. Contractor will assess an additional fee for communities that have covenants that do not allow curbside placement of carts or containers.
4. Compost Facility means any facility that is permitted to accept organic materials for processing as defined in WAC 173-350-100. For the purposes of this Ordinance, organic materials are limited to yard waste as defined below.
5. Curbside Recycling means the collection of recyclable materials as defined herein, and hauling such materials to facilities equipped to return them to a remanufacturing cycle.
6. Curbside Yard Waste Collection means the collection of yard waste as defined herein and hauling such materials to facilities equipped to transform them into usable compost.
7. Division means the solid waste division of Kittitas County Department of Solid Waste.
8. Eligible Residence shall include:
   1. Any residence located within the Urban Growth Areas and/or Master Planned Resorts of Kittitas County which is required or elects to receive curbside garbage collection service from a solid waste company shall also receive and pay for curbside recycling service. The solid waste company must provide the level of service described in this Ordinance to all eligible residences who receive curbside recycling service pursuant to this subsection (a) and the customer must pay for curbside recycling service whether or not customer elects to actually use the service.
   2. Any residence located within the Urban Growth Areas or Master Planned Resorts of Kittitas County that is not required and does not elect to receive curbside garbage collection service from a solid waste company may elect to receive and pay for curbside recycling and/or yard waste collection service. The solid waste company must provide the level of service described in this Ordinance to all eligible residences who receive curbside recycling service pursuant to this subsection (b). For purposes of clarity, residences that become eligible residences pursuant to this subsection (b) shall not be additionally required to receive curbside garbage collection service from a solid waste company.
   Notwithstanding anything else in this definition, "eligible residences" shall not include any residence located in municipalities which provide, or contract with a solid waste hauler to provide solid waste collection service within their boundaries.
9. Garbage for the purpose of this Ordinance, means putrescible and nonputrescible solid and semisolid wastes including, but not limited to garbage, rubbish, refuse, small amounts of cold bagged ashes, and dead small animals completely wrapped in plastic and weighing less than fifteen (15) pounds collected from Eligible Residences. Garbage shall not include recyclable materials, yard waste, or unacceptable waste.
10. Group Collection Site means a location established by the solid waste collection company to service carts from multiple accounts, where collection vehicle access is limited.
11. Master Planned Resorts means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor and outdoor recreational facilities. The locations and boundaries of the Master Planned Resorts shall be as depicted in the County's current Comprehensive Plan.
12. Material Recovery Facility means any facility that collects, compacts, repackages, sorts, or processes for transport source separated solid waste for the purpose of recycling (WAC 173-350-100).
13. Multifamily Customer means the manager or owner of a multifamily residence.
14. Multifamily Residence means any structure housing five or more attached or unattached dwelling units that are billed collectively for solid waste collection services. "Multifamily Residence" shall not include any multifamily residence located in municipalities which provide, or contract with a solid waste hauler to provide, solid waste collection service within their boundaries.
15. Nonputrescible means not capable of being readily decomposed by microorganisms.
16. Putrescible means capable of being decomposed by microorganisms.
17. Recyclable Materials for the purposes of this ordinance, means materials that are transported for recycling, reprocessing, reclamation, or for any process that extracts or modifies the commodity for reuse or another commercially valuable purpose (WAC 480-70-041). The following list of materials are collected by a solid waste company:
    1. Tin-coated steel cans
    2. Aluminum cans
    3. Newspaper, including glossy advertisements and inserts that are delivered with the newspaper
    4. Mixed paper, including mail, magazines, catalogs, phone books, paperback books, computer paper, white and colored ledger, file folders, file cards, and chipboard
    5. Corrugated cardboard (cut into pieces no larger than 2'x2' in order to fit in carts with lids closed)
    6. Plastic containers including bottles, jugs, and jars
    7. Additional recyclable materials may be added as markets and processing capabilities become available
18. Single Family Customer means a person or family living in an eligible residence, which is a residential unit designed exclusively for occupancy of one family living independently, that are billed individually for solid waste collection services and located on a public street or public road.
19. Solid waste means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, refuse, swill, ashes, industrial wastes, sewage sludge, demolition, and construction wastes, abandoned vehicles or parts of abandoned vehicles, and source-separated recyclable materials and yard waste.
20. Solid Waste Collection Company means every common carrier, including a contract carrier, who provides solid waste collection service (WAC 480-70-041). This collection service occurs in Kittitas County as authorized by the Washington Utilities and Transportation Commission.
21. Unacceptable Waste means highly flammable substances and Hazardous Waste as defined in WAC 480-70-041, certain pathological and biological wastes, explosives, toxic materials, radioactive materials, material that the material recovery facility or compost facility, as applicable, is not authorized to receive and/or dispose of, and other materials deemed by federal, state, or local law, or in the reasonable discretion of the contractor, to be dangerous or threatening to health or the environment, or which cannot be legally accepted at the applicable material recovery facility or compost facility.
22. Urban Growth Areas means those areas designated by a county pursuant to RCW 36.70A.110 (RCW 36.70A.030(29)). Urban growth areas are suitable and desirable for urban densities as determined by the sponsoring city's ability to provide urban services. Urban growth areas are also those existing unincorporated areas which are established town sites or communities having at a minimum: a community water system; established residential, commercial, and industrial densities; and other vestiges of urban development, with defined boundaries established by the County shall be as defined and shown in the County's Comprehensive Plan. The locations and boundaries of the Master Planned Resorts shall be as depicted in the County's current Comprehensive Plan.
23. WUTC means the Washington Utilities and Transportation Commission.
24. Yard Waste is a component of compostable organics and means plant material commonly generated while maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard waste includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden waste, tree prunings, and unflocked and undecorated holiday trees cut to less than six (6) feet in height are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length, or weighing more than 55 pounds, are excluded. (Ord. 2023-008, 2023; Ord. 2022-017, 2022)

8.21.030 Residential curbside recycling and yard waste collection within Urban Growth Areas and Master Planned Resorts.

1. Curbside recycling collection service will be provided to all single family customers in the Urban Growth Areas and Master Planned Resorts within the County except for municipalities which provide, or contract with, a solid waste hauler to provide solid waste collection service within their boundaries.
2. Yard waste collection service will be available upon request to all single family customers and multifamily customers in the Urban Growth Areas and Master Planned Resorts within the County. (Ord. 2023-008, 2023; Ord. 2022-017, 2022)

8.21.040 Minimum levels of curbside recycling and yard waste collection service.

The minimum levels of service set forth in this chapter and the Washington Utilities and Transportation Commission's (WUTC) regulation of the solid waste company, pursuant to RCW Chapter 81.77 will continue from the effective date of the ordinance codified in this chapter unless terminated by the County. The solid waste company shall be allowed sufficient time to procure equipment, staff, and materials that are needed to provide curbside recycling and yard waste collection services. Phased implementation of these services across the service area shall be allowed to assist with these procurement activities. The minimum level of curbside recycling and yard waste collection service to be provided by the solid waste company in unincorporated Kittitas County must include the following:

1. Single-Family Curbside Recycling.
   1. Single family customers receiving curbside garbage collection service will receive and pay for curbside recycling service.
   2. Single family customers not receiving curbside garbage collection service may contact the solid waste company to receive and be billed for curbside recycling service.
   3. Recyclable Material Collected - Single Family Curbside Recycling.
      1. The recyclable materials will be collected from single family customers as specified herein.
      2. The recyclable materials will be commingled in solid waste company-provided carts.
   4. Collection Schedule. The recyclable materials from single family customers must be collected at least every other week.
   5. Collection Carts and Containers - Single Family Curbside Recycling. For single family customers, the solid waste company shall provide a minimum of one 96-gallon blue cart (or cart with blue lid) to each single family customer. Recyclables must be placed in a cart for collection. Single family customers who generate more recyclable materials than the cart will hold between collections have the following options:
      1. Request additional carts from the solid waste company. Additional recyclables carts shall be made available by the solid waste company. The solid waste collection company may charge for additional carts.
      2. Haul extra recyclable material to the nearest Kittitas County-owned recycling facility. There is no additional charge for using the recycling facility.
2. Multifamily Curbside Recycling.
   1. Recyclable Materials Collected - Multifamily Curbside Recycling.
      1. Recyclable materials will be collected the by solid waste company from multifamily customers as specified herein.
      2. Recyclable materials will be commingled in each recycling collection container.
      3. Collection of recyclables for multifamily customers shall be by subscription only and not mandatory.
   2. Collection Schedule. The recyclable materials from multifamily customers must be collected at least every other week.
   3. Collection Carts and Containers - Multifamily Curbside Recycling. Carts or containers must be placed at each garbage collection location where space for multiple carts or steel containers and access for recycling trucks is available. Every effort must be made by the customer, in coordination with the solid waste company, to provide adequate space to accommodate 0.1 cubic yards of recycling capacity per unit, per week.
3. Optional Curbside Yard Waste Collection.
   1. Curbside yard waste collection will be available to all single family and multifamily customers within the Urban Growth Area and Master Planned Resorts within the County when such areas do not already provide or contract for solid waste collection service within their boundaries.
   2. Single family and multifamily customers will receive and pay for curbside yard waste collection only if they subscribe to this service.
   3. Materials eligible for collection as yard waste are defined in Section 8.21.20(24), Yard Waste.
   4. Collection Containers. The solid waste company will provide one (1) nitey-six (96)-gallon cart for yard waste collection per customer subscription. The solid waste company may charge for additional yard waste carts requested by the customer. Yard waste must be placed in a cart for collection.
4. Additional Service Provisions. The following provisions apply to the collection services described in this chapter:
   1. All carts must be standardized throughout the County. The solid waste company will provide blue carts for recycling and green carts for yard waste to remain consistent throughout.
   2. The solid waste company is not obligated to collect contaminated carts or containers. For purposes of this ordinance, a cart or container is contaminated when, based on physical and/or electronic visual inspection it is determined that
      1. a recyclables cart or container contains non-recyclables (pursuant to the list of materials set forth in Section 8.21.020(18), Recyclable Materials),
      2. a yard waste cart or Container contains material other than yard waste as set for the in Section 8.21.020(24), and/or
      3. any cart or container contains any unacceptable waste as set forth in Section 8.21.020(22), Unacceptable Waste.
   3. If the solid waste company elects not to collect a contaminated cart or container, solid waste company shall notify the customer explaining why. Such notice may be provided by container tag, email, or other method of communication. The customer will have the choice to remove the contaminated materials from the cart or container or to ask the solid waste company to dispose of the material as garbage on their next scheduled pick-up date.
   4. The solid waste company will not knowingly collect a contaminated cart or container if contamination is visible by the driver prior to collection. If the solid waste company services a container, and subsequently discovers contamination in the truck hopper at the stop, solid waste company may charge the customer a contamination charge, pursuant to the rates. Such contamination charge may be included in the customer's regular invoice or billed separately.
   5. The solid waste company must clean up any material spilled by their employees or equipment. If solid waste company fails to clean up any spill within twenty-four (24) hours (or one (1) business day) after receipt of notification from the County or a customer, the County may cause the work to be done and the solid waste company shall fully reimburse the County for any such expenses incurred, or the Kittitas County Public Health District may impose a fine.
   6. The solid waste company will not dispose of curbside recyclable material or yard waste by landfilling, incineration, or other means without the written consent of the Division. The Division will not withhold consent unreasonably in the case of contaminated loads that are unmarketable or do not meet the acceptance standards of the material recovery facility or compost facility, as applicable. When consent is granted, the solid waste company must report the type of material, the nature of contamination, the weight and volume of material disposed, and date and method of disposal to the Division within two business days.
   7. The Division and the solid waste company will discuss any proposed changes to the list of recyclable materials or yard waste to be collected or to the service boundaries. The Division will not unreasonably oppose any changes to the list of recyclable materials or yard waste proposed by the solid waste company. Changes in service area boundaries are subject to approval of the County in consultation with the solid waste company.
   8. Additional areas outside the Urban Growth Area and Master Planned Resorts, in which the solid waste collection company and the County have agreed that adequate demand and route density exist, may be given access to collection services. (Ord. 2023-008, 2023; Ord. 2022-017, 2022)

8.21.050 Curbside recycling and yard waste collection rates.

The solid waste company must use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70.95.010. (Ord. 2022-017, 2022)

8.21.060 County notification of WUTC tariff filings.

Pursuant to WAC 480-70-271, the solid waste company must notify the Division when filing a tariff revision for garbage, curbside recycling, or yard waste collection rates with the WUTC. The solid waste company must notify the Division, within two (2) business days, of scheduled times and dates of any open meetings or public hearings before the WUTC for proposals by the solid waste company for which the solid waste company is required to provide notifications pursuant to WAC 480-70-271(4). (Ord. 2023-008, 2023; Ord. 2022-017, 2022)

8.21.070 Program promotion and education requirements.

1. The solid waste company will prepare and publish promotional and educational materials that encourage the use of curbside recycling, yard waste, and garbage collection services. The Division may direct the solid waste company to distribute educational materials to customers. Distribution methods may include: publishing materials on the solid waste company's website, mailings, emails, and cart tagging programs as appropriate.
2. The solid waste company must distribute educational materials to new customers.
3. The solid waste company must prepare and distribute calendars of collection dates to all customers. The calendar must list the solid waste company's phone number and the WUTC's consumer affairs toll free phone number.
4. The solid waste company will coordinate the review and approval of promotional or educational materials with the Division prior to distribution to the customer. (Ord. 2023-008, 2023; Ord. 2022-017, 2022)

8.21.080 Reporting requirements.

1. On a quarterly basis, the solid waste company must submit garbage, curbside recycling, and yard waste collection data to the Division in a format approved by the Division. These reports must also include contamination rates and material composition of commingled recyclables from MRF audits, and number of residential recycling accounts charged for contamination.
2. The solid waste company must annually provide a summary report to the Division of all multifamily facility service levels, including garbage, recycling, and yard waste carts and containers and service frequency. (Ord. 2023-008, 2023; Ord. 2022-017, 2022)

Chapter 8.22
COMPOST PROCUREMENT

Sections
8.22.010 Definition.
8.22.020 General Policy.
8.22.030 Local Purchasing.
8.22.040 Planning.
8.22.050 Education.
8.22.060 Reporting.

8.22.010 Definition.

A "Finished Compost Product" means a product created with "composted material" as defined in RCW 70A.205.015(3). Finished Compost Products include, but are not limited to, 100% finished compost or blends that include compost as a primary ingredient. Mulch is considered a Finished Compost Product if it contains a minimum of sixty percent composted material. Bark is not a Finished Compost Product. (Ord. 2022-014, 2022)

8.22.020 General Policy.

Kittitas County shall purchase finished compost products for use in public projects in which compost is an appropriate material in county projects or on county land, provided it is not cost prohibitive to acquire. Cost prohibitive is defined as a product purchasing cost that exceeds 10% of the cost of another product that would serve the same purpose. Kittitas County is not required to use compost products if:

1. Compost products are not available within a reasonable period of time;
2. Compost products that are available do not comply with existing purchasing standards; and
3. Available compost products do not comply with federal or state health, quality, or safety standards. Pursuant to RCW 43.19A.130, Kittitas County will strive to purchase an amount of finished compost products that is equal or greater than fifty percent of the amount of organic materials delivered to the compost processor.

(Ord. 2022-014, 2022)

8.22.030 Local Purchasing.

Kittitas County will purchase finished compost products from companies producing compost locally, are certified by a nationally recognized organization, such as the United State Composting Council, and produce finished compost products that are derived from municipal solid waste compost programs while meeting quality standards adopted by the department of transportation or adopted by rule by the Department of Ecology. If locally produced compost is not available, compost shall be sourced from outside the County, with preference given to products sourced as close as possible to Kittitas County. Proof that locally produced compost was not available at the time of purchase or was cost-prohibitive shall be documented. (Ord. 2022-014, 2022)

8.22.040 Planning.

In order to meet the general policy, Kittitas County shall plan for compost use in the following categories:

1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and
4. Low-impact development of green infrastructure to filter pollutants to keep water onsite or both.

This plan will be re-assessed by December 31, 2024, and each December 31st of even-numbered years thereafter as part of its reporting obligations in Section 5. (Ord. 2022-014, 2022)

8.22.050 Education.

Kittitas County Solid Waste shall conduct educational outreach to inform residents about the value of compost and how the jurisdiction uses compost in its operations each year. (Ord. 2022-014, 2022)

8.22.060 Reporting.

By December 31, 2024, and each December 31st of even-numbered years thereafter, Kittitas County shall report the following information to the Department of Ecology:

1. The total tons of organic material diverted each year;
2. The volume and cost of composted material purchased each year; and
3. The source(s) of the finished compost product purchased.

(Ord. 2022-014, 2022)

Chapter 8.24*
SMOKING AND VAPING

Sections
8.24.010 Definitions.
8.24.020 Smoking prohibited in public places or places of employment.
8.24.030 Owners, lessees to post signs prohibiting smoking and vaping.
8.24.040 Intent of chapter as applied to certain private workplaces.
8.24.050 Intentional violation of chapter - Removing, defacing, or destroying required sign - Fine - Enforcement.
8.24.060 Giving away tobacco products prohibited.
8.24.070 Electronic Vapor Devices.
8.24.075 Kittitas County Event Center smoking and vaping regulation.
8.24.080 Severability.

* Renamed in Ord. 2016-016, 2016.

8.24.010 Definitions.
As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.

1. "Smoke" or "smoking" means the carrying, smoking, or use of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
2. "Electronic Vapor Device" means any electronic product that can be used to aerosolize and deliver nicotine and/or other substances to the person inhaling from the device, including but not limited to, an electronic or e-cigarette, e-cigar, e-pipe, e-pen, or any other such device, regardless of the details of the product appearance or marketed name.
3. "Liquid Nicotine" means any liquid product composed either in whole or in part of nicotine, propylene glycol and/or other similar substances and manufactured for use with an electronic cigarette or electronic nicotine delivery system.
4. "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises.
   
   Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, any place where tobacco or tobacco products are sold, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
5. "Place of employment" means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment.
6. "Retail outlet" means each place of business from which vapor products are sold to consumers.
7. "Primary retail activity" means the business activity that generates at least 51% of the business' income. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.020 Smoking prohibited in public places or places of employment.
No person may smoke in a public place or in any place of employment. (Ord. 2009-13, 2009)

8.24.030 Owners, lessees to post signs prohibiting smoking and vaping.
Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and vaping in indoor public places not subject to the tasting exception and shall post signs prohibiting smoking and vaping as appropriate under this chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.040 Intent of chapter as applied to certain private workplaces.
This chapter is not intended to regulate smoking and vaping in a private enclosed workplace, within a public place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the chief of the Washington state patrol, through the director of fire protection, or by other law, ordinance, or regulation. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.050 Intentional violation of chapter - Removing, defacing, or destroying required sign - Fine - Enforcement.

1. Any person intentionally violating this chapter by smoking in a public place or place of employment, or vaping in a prohibited area, or any person removing, defacing, or destroying a sign required by this chapter, is subject to penalties and enforcement under Title 18 KCC, except that a notice of correction under Chapter 18.02 KCC shall not be required. Any person passing by or through a public place while on a public sidewalk or public right-of-way has not intentionally violated this chapter.
2. Any person intentionally violating section 030 of this chapter, is subject to penalties and enforcement under Title 18 KCC, except that a notice of correction under Chapter 18.02 KCC shall not be required and the minimum penalty shall be $100 for each day of violation under this chapter, not including statutory assessments. This penalty may not be waived, reduced, or suspended below the $100.
3. Nothing in this Chapter shall in any way limit Local health departments, Local Law enforcement agencies and the county prosecutor from seeking to enforce Chapter 70.160 RCW. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)

8.24.060 Giving away tobacco products prohibited.
Giving away tobacco and tobacco products is prohibited. No retailer shall give away tobacco or tobacco products to any person. No person shall give away or offer to give away tobacco products to any person. (Ord. 2009-13, 2009)

8.24.070 Electronic Vapor Devices.
No person may use an electronic vapor device in any indoor public place unless the public place is a licensed retail outlet where access by minors is prohibited. In licensed retail outlets where the primary retail activity is the sale and distribution of electronic vapor devices and liquid nicotine, tastings and samplings are permitted within the licensed premises. In licensed retail outlets where access by minors is prohibited, and the primary retail activity is not the sale and distribution of electronic vapor devices and liquid nicotine, any tasting or samplings may only be offered in an enclosed area separated from all other business activity. (Ord. 2016-016, 2016)

8.24.075 Kittitas County Event Center smoking and vaping regulation.

1. No person may smoke and/or use an electronic vaping device in any location operated by the Kittitas County Event Center, unless the location has been clearly identified as a designated smoking and or vaping area, at any time in which the Board of County Commissioners has declared the necessity for such regulation.
2. Designated smoking and/or vaping area regulations shall always be in effect during the Kittitas County Fair and may be invoked at any other event held at the Kittitas County Event Center that is open to the public when a smoking and/or vaping regulation is found to be in the best interest of public health, safety, and welfare.
3. Regulation assessment criteria includes, but is not limited to, enhanced fire protection and control and certain weather conditions that make it difficult to control exposure to nonsmokers and/or non-vaping device users.
4. The Board of County Commissioners may invoke the smoking and/or vaping regulation by resolution any time prior to the commencement of any qualifying event.
5. The Kittitas County Event Center shall post signs consistent with this chapter limiting smoking and/or vaping as appropriate under this chapter. Signs shall be posted conspicuously at building entrances and in other prominent locations throughout the Kittitas County Event Center.

(Ord. 2017-015, 2017)

8.24.080 Severability.
If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder of the Chapter or the application of the Chapter to other persons or circumstances shall not be affected. (Ord. 2016-016, 2016; Ord. 2009-13, 2009)