Bakersfield Municipal Code Ch. 8.29 Litter Control

Sections: 8.29.010 Short title. 8.29.020 Definitions. 8.29.030 Littering—Prohibited—Penalty. 8.29.040 Nuisance—Abatement. 8.29.050 Litter—Prevention from scattering—Hauling. 8.29.060 Property adjacent to public place. 8.29.070 Litter on vacant lots.

This chapter shall be known as the “littering ordinance” of the city. (Ord. 3070 § 2, 1986)

For the purpose of this chapter the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; the plural number includes the singular number; and words used in the singular number include the plural. The word “shall” is always mandatory and not merely directory.

A. “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

B. “Litter” means garbage, refuse or rubbish as defined herein which is not within a receptacle provided therefor.

C. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

D. “Private premises” means any private property, together with any structure thereon, whether inhabited or temporarily or continuously uninhabited or vacant, including the yard, grounds, walks, driveway, porch, steps, vestibule or entryway thereof and any off-street parking area.

E. “Public place” means any and all public streets, sidewalks, gutters, boulevards, alleys or other public rights-of- way and any and all public buildings, parks, squares, grounds and publicly owned off-street parking area.

F. “Refuse” means all putrescible and nonputrescible solid wastes (except human body waste) including garbage, rubbish, ashes, street cleanings, dead animals, animal feces and solid market and industrial wastes.

G. “Rubbish” means nonputrescible solid waste consisting of both combustible and noncombustible wastes including, but not limited to, paper, wrappings, cardboard, tin cans, weeds, dry grasses, dead trees and shrubs, yard clippings, leaves, dirt (other than the natural soil, in place), pieces of broken asphalt or concrete, wood, glass, bedding, crockery and similar materials.

H. “Sidewalk” means the paved and unpaved, planted or unplanted area maintained between the property line and the curb line or the edge of the surfaced roadway and includes a driveway, curbing, bulkhead, retaining wall or other works for the protection of any sidewalk or parking located in any public street, way or thoroughfare within the city. (Ord. 4810 § 1, 2015; Ord. 3070 § 2, 1986)

A. No person shall throw, deposit or accumulate litter in or upon any public place or private premises as hereinbefore defined within the city, except while such person is temporarily engaged in clearing the public place or private premises of littering or improving the public place or private premises. This section shall not apply to acts prohibited by Section 23111, 23112 or 23113 of the California Vehicle Code.

B. Penalty.

1. Any person violating any of the provisions of this chapter is guilty of an infraction or misdemeanor pursuant to Bakersfield Municipal Code Section 1.40.010.

2. The court may as a substitute to a mandatory fine, permit any person convicted of a violation of this chapter pick up litter at a time and place within the jurisdiction of the court. (Ord. 4810 § 2, 2015; Ord. 3070 § 2, 1986)

In addition to subjecting the violator to the penalties described in this code, each violation of the provisions of this chapter is, and is declared to be, a public nuisance, subject to abatement as provided herein below. Additionally, the building director may take action to abate the nuisance pursuant to the procedures set forth in Chapter 8.80 of this code. (Ord. 3440 § 3, 1992; Ord. 3070 § 2, 1986)

A. Persons placing litter in authorized public or private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place or private premises.

B. It is unlawful for any person, firm or corporation to move, carry, haul or transport or to cause to be moved, carried, hauled or transported any sawdust, dirt, sand, gravel, rock or other loose substance on, along or over any street within the city save and except under the conditions set forth in this section:

1. All boxes, carts, wagons, trucks, vehicles or other receptacles used in moving, carrying, hauling or
transporting any sawdust, dirt, sand, gravel, rock or other loose substances on, along or over any street within
the city, shall be so constructed as to be sufficiently tight and strong to prevent any sifting, leaking, spilling, or
blowing therefrom, and no sawdust, dirt, sand, gravel, rock or other loose substances shall be moved, carried,
hauled or transported on, along or over any of said streets unless the same is in such box, cart, wagon, truck,
dray or other vehicle so constructed, and no person while moving, carrying, hauling or transporting any such
substance on, along or over any such street shall allow or permit the same to shift, leak, spill or blow dirt
upon any such street or other public or private property.

2. Upon unloading or dumping any box, cart, wagon, truck, vehicle or other receptacle which has been used
in moving, carrying hauling or transporting any sawdust, dirt, sand, gravel, rock or other loose substance and
before leaving the place of such unloading or dumping and before going on, along or over any street within
the city, the person or persons in charge thereof shall remove or cause to be removed therefrom and from
every part thereof all loose sawdust, dirt, sand, gravel, rock or other loose substance to such an extent that
the same will not spill, fall or go on or upon any such street or other public or private property. (Ord. 3070 § 2,
1986)

Persons owning or occupying private premises within the city shall keep the public place abutting or adjacent to said premises free of litter, except while such person is temporarily engaged in clearing the public place and adjacent private premises of litter or improving the public place or private premises. No person owning, occupying or controlling private premises shall sweep into or deposit in any public place within the city the accumulation of litter from any private premises or public place. (Ord. 3070 § 2, 1986)

No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 3070 § 2, 1986)