City of Industry Municipal Code Art. IV Prohibited Acts and Enforcement

No person shall throw, place, scatter or deposit any solid waste in or upon any public street, alley, or highway except as expressly authorized by this chapter, nor throw, place, scatter or deposit any such material upon or below the surface of any premises in such a manner that the same is or may become a nuisance or endanger the public health.

(Ord. 818 § 3, 2022)

It is unlawful for any person to place or deposit into any bin any medical waste (as defined in Health and Safety Code Section 117690), hazardous waste, or special waste requiring unique collection and disposal procedures, in any bin as defined herein.

(Ord. 818 § 3, 2022)

It is unlawful to burn any solid waste within the city except in an approved incinerator or transformation facility or other device for which a permit has been issued by the city and which complies with all applicable license, permit and other regulations of the air pollution control authorities and provided any such act of burning in all respects complies with other laws, rules and regulations.

(Ord. 818 § 3, 2022)

It is unlawful for any person, other than a collector or salvage collector to take, remove, or appropriate for his or her own use any solid waste, recyclable solid waste, potentially recyclable articles commingled with solid waste, source-separated single recyclable solid waste (recyclable materials) or green waste which has been placed for collection or removal by a collector or salvage collector, whether so placed in containers, recycling bins or not. Unauthorized removal as defined herein shall include scavenging.

(Ord. 818 § 3, 2022)

It is unlawful for any person to place solid waste in, or to otherwise use the solid waste, green waste or recyclable solid waste containers of another person without the permission of such other person.

(Ord. 818 § 3, 2022)

It is unlawful for any person to utilize bins for the collection, deposit or transport of solid waste, commercial solid waste, construction, demolition and deconstruction debris, green waste, or other solid waste unless such bins have been issued by the collector. It is unlawful for any person to utilize bins for the collection, deposit or transfer of recyclable material, or other solid waste or recyclable solid waste unless such bins have been issued by the collector or a salvage collector authorized by the city manager to issue such bins. Such bins shall be subject to removal as set forth at Section 8.20.400.

(Ord. 818 § 3, 2022)

It is unlawful for any person transporting solid waste to fail to immediately clean up, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped during removal or transport within the city by such person. It shall be unlawful and a nuisance for the person in charge of the day to day operation of any premises within the city to permit or suffer solid waste to be deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment or otherwise come to be located outside an authorized bin for the collection of such solid waste at the premises of which the person is in charge, notwithstanding human or animal interference with bins, wind or other natural forces, and weather during storage, collection, removal or transfer.

(Ord. 818 § 3, 2022)

It is unlawful for any person to deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose into the environment, including the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever, any solid or liquid waste upon any premises, including, but not limited to, any storm drain or channel, within the city, or to cause, suffer, or permit such solid or liquid waste to come to be located upon any premises within the city, except as authorized by the city of Industry Municipal Code.

(Ord. 818 § 3, 2022)

Pursuant to California Penal Code Section 836.5, the city manager, persons designated by the city manager, and all city code enforcement officers are hereby authorized to enforce the provisions of this chapter as well as those of California Penal Code Sections 373(a), 374.2, 374.3, 374.4, and 375; California Government Code Sections 68055 et seq.; and California Vehicle Code Sections 374.7, 374.8, 23111 and 23112. The city manager may promulgate administrative regulations to provide those integrated waste management services which are not specifically provided for in this chapter.

(Ord. 818 § 3, 2022)

Violations of this chapter are punishable as set forth in Chapter 1.08 of this code.

(Ord. 818 § 3, 2022)

Nothing in this chapter shall be deemed to limit the right of a collector to bring a civil action against any person who violates this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a collector.

(Ord. 818 § 3, 2022)

Any bin used for storing or transporting salvage or solid waste which is not the property of the collector, or under control of a duly permitted salvage collector in the city, may be removed from any premises in the city and impounded without notice to the owner of the bin.

Such removal and impoundment may be made by any person or entity designated by the city manager. In the event the bin has contents, the contents may be disposed of if the city manager determines disposal to be necessary, in his or her sole discretion, to preserve the public health, safety and welfare. Any such bin shall be held under his or her direction subject to the right of the owner thereof to take it upon payment of a sum as provided in a fee schedule. The fee schedule shall be inclusive of the amounts incurred to recover the costs of removing and impoundment of the bin, the disposing of the contents of any such container caused to be removed by the city, including both the costs incurred by the collector/hauler performing such removal and the city's administrative costs, the fee schedule shall be an amount equal to the city's maximum authorized daily service rate charged for the subject size container, plus any processing charges, disposal charges, storage fees, and overhead charges incurred. The processing charges and disposal charges of the bin's content shall be based on the rates of the city-designated local transfer station and landfill. Storage fees for the bin shall be based on the rates of the city-designated local storage facility.

Within twenty-four hours of the time that the city has removed and impounded the bin, and its contents if any, the city manager shall cause to be sent to the owner of the bin written notice advising the owner that the bin has been removed and is in the possession of the city and, that if said bin is not redeemed by the owner within thirty days, said bin will be subject to sale. If the bin is not redeemed by the owner within thirty days after such removal and impoundment, it may be thereafter sold at public auction under the direction of the city manager to the, highest bidder after the city manager has, within forty days from the date of removal and impoundment of the bin, sent by regular mail with postage prepaid notice of such sale to the person owning or in control of such bin and to four or more other collectors at least ten days before such sale. The proceeds of any such sale shall be applied to the cost of such sale and to the cost of removal and holding of such bin plus twenty-five percent of such costs for the overhead expenses of the city in causing such sale. Any balance such proceeds shall be paid upon demand to the person who owns such bin at the time of its removal. In the instance of a deficiency where the sales price of the bin does not generate sufficient money to pay for the costs of removal, storage and overhead charges, the city manager shall submit an invoice to the bin owner for payment in an amount equal to the deficiency. The bin may be redeemed by the owner at any time prior to the sale and upon payment of the amounts due and owing pursuant to this section.

(Ord. 818 § 3, 2022)