Sec. 15.7. - Unlawful deposits generally.

It shall be unlawful, except as specified or defined in this chapter, for any person in the city to throw or deposit any solid waste, or permit same to be thrown or deposited in or upon any street, alley, gutter, curb, park, or other public place, or throw or deposit same in or upon any vacant lot or backyard, or to store, deposit, or keep solid waste where rats or other vermin can have access to or feed thereon.

(Ord. No. 2023-01, § 3, 3-21-2023)

It is unlawful for any owner, lessee or occupant of buildings, grounds or lots to keep or accumulate, or cause or permit to be kept or accumulated, upon any premises owned, controlled or occupied by him in the city, any rubbish, animal or vegetable matter, filth, slop, stagnant water or other waste or matter which is or which is liable to become putrid or offensive or which is or which is liable to become a fire menace or a menace to health or safety. It is also unlawful for such person to fail to provide for collection of all such solid waste by a solid waste hauler duly authorized by the city. Violation of this section is an infraction and shall be punishable as set forth in section 15.17 of the Brawley Municipal Code.

It shall be a defense as to any charge alleging a violation of this section that at the time such offense allegedly occurred, the person had a valid agreement then current and in effect with a duly licensed or franchised garbage or rubbish collector or collectors with the city for the collection of garbage or refuse at his premises. However, the defense must be asserted by the person so charged and the burden of proof shall be upon such person so charged to show that such agreement was in full force and effect at the time of the alleged violation. The burden of proof shall also fall to the person so charged that the level of service as set forth in the agreement was sufficient to serve the premises.

(Ord. No. 2023-01, § 3, 3-21-2023)