Compton Municipal Code § 7-9 Litter and Illegal Dumping

[Added by Ord. #1577, § 4702]

As used in this section:

CITY

Shall mean the City of Compton.

COMMERCIAL HANDBILL

Shall mean 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:

a.

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

b.

Which advertises for sale any merchandise, product, commodity or thing; or

c.

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; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken 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 or 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 clause shall be deemed to authorize 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

d.

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 of any person so engaged as advertiser or distributor.

GARBAGE

Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER

Shall mean leaves from shrubs and trees, grass and lawn cuttings; garbage, refuse, rubbish, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

NEWSPAPER

Shall mean 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, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

NONCOMMERCIAL HANDBILL

Shall mean any printed or written matter; any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet; or any other printed or otherwise reproduced original or copy of any matter of literature not included in the definitions of "commercial handbill" or "newspaper."

PERSON

Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES

Shall mean any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE

Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

REFUSE

Shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH

Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.

[Added by Ord. #1577, § 4702.1; Ord. #1894, § 1]

a. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles, or in authorized private receptacles for collection, or in official City dumps. Nor shall any person post, scatter, daub or leave any paint, paste, glue or other materials or substance used in painting or affixing advertising matter upon any public street or sidewalk or scatter or throw or permit to be scattered or thrown any bills, waste matter, paper, cloth or materials of any kind removed from advertising structures on any public thoroughfare or on private property without permission of the owner of said private property.

b. Any violation of this section is an infraction of the Compton Municipal Code.

[Added by Ord. #1577, § 4702.2]

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

[Added by Ord. #1577, § 4702.3]

No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

[Added by Ord. #1577, § 4702.4]

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.

[Added by Ord. #1577, § 4702.5]

No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill, or other object.

[Added by Ord. #1577, § 4702.6]

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City.

[Added by Ord. #1577, § 4702.7]

No person shall drive or move any truck or other vehicles within the City unless such vehicle is constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the City the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind.

[Added by Ord. #1577, § 4702.8]

No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park or by the person responsible for its presence and properly disposed of elsewhere.

[Added by Ord. #1577, § 4702.9]

No person shall throw or deposit litter in any fountain, pond, lake, stream, creek, channel, bay or other body of water in a park or elsewhere within the City.

[Added by Ord. #1577, § 4703.1]

a. Occupied Property. No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or persons in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

b. Vacant Property. No person shall throw or deposit litter on any open or vacant private property within the City, whether owned by such person or not.

[Added by Ord. #1577, § 4703.2]

The owner or person in control of any private property, vacant or occupied, shall at all times maintain the premises free of litter; provided, however, the provision of this section shall not prohibit the storage of litter in authorized receptacles for collection.

[Added by Ord. #1577, § 4704.1]

a. No person, except a public officer or employee in performance of a public duty, shall paste, print, nail, tack, wire or otherwise fasten any card, banner, pennant, handbill, sign, poster or advertisement or notice of any kind, or cause the same to be done, on any vehicle, pavement, sidewalk, step, curbstone, lamppost, pole, utility pole or appurtenances thereto, signpost, hydrant, bridge, wall or tree located upon a street or upon any other public property, except as may be permitted by ordinance or law.

b. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, nor shall any person hand out or distribute or sell any commercial handbill in any public place.

[Added by Ord. #1577, § 4704.2]

a. Inhabited.

1. Nonposted premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting such handbills directly to the owner, occupant or other person then present in or upon such private premises; providing, however, in the case of inhabited private premises which are not posted as provided in Paragraph b below, unless required by anyone upon such premises not to do so, [such person] shall have the authority to place or deposit such handbills in or upon such inhabited private premises if such handbill is so placed, deposited or secured to prevent such handbill from being blown or drifted about such premises or the sidewalks, streets or other public places, and except that mailboxes may not be used when prohibited by federal postal laws or regulations.

2. Posted premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed in said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

b. Uninhabited Premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

c. Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

[Added by Ord. #1336, § 4704.3; adopted December 12, 1978, § 1]

a. Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined in Subsection 7-9.1.

b. Noncommercial Handbills. The provisions of this Chapter shall not apply to the distribution of noncommercial handbills on any public sidewalk, street or other public place without charge to any person willing to receive it.

c. Political Literature. The provisions of this section do not apply to permits granted to erect signs, cards, posters or pictures relating to forthcoming elections for public office or public ballot issues whether national, state or local, or to distribute political literature on the public streets. Nothing contained in this section, however, shall be interpreted as exempting or otherwise relieving any candidate, political campaign or finance committee or other similarly responsible person or committee from the duty and responsibility for causing the complete removal of any such campaign matter and fastening devices from the public streets after the election day to which such matter relates and as may be provided for in Subsection 7-17.5.

[Ord. #2216; amended 11-9-2021 by Ord. No. 2340]

A vehicle used in the commission or attempted commission of an act that violates Section 374.3(h) of the California Penal Code is declared to be a public nuisance and shall be subject to seizure and impoundment for a period of up to 30 days if there is probable cause to seize the vehicle and the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years.

[Ord. #2216; amended 11-9-2021 by Ord. No. 2340]

a. A vehicle shall be seized and impounded pursuant to this subsection upon the occurrence of all of the following:

1. A valid arrest of the driver of a vehicle for the commission or attempted commission of an act that violates Section 374.3(h) of the California Penal Code; and

2. At the time of the arrest, the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years; and

3. The vehicle presents a traffic or safety hazard.

b. Impoundment shall be for a period of up to 30 days. Any period during which a vehicle is subjected to storage pursuant to this subsection shall be included as part of the period of impoundment.

[Ord. #2216]

a. Within two working days after impoundment, the City shall send by certified mail, return receipt requested, a notice to the legal and registered owner(s) of the vehicle at the address obtained from the Department of Motor Vehicles that the vehicle has been impounded. The notice shall also inform the owner of an opportunity for a post-storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released.

b. The notice shall include all of the following information:

1. The name, address, and telephone number of the agency providing the notice;

2. The location of the place of storage and description of the vehicle that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage;

3. The authority and purpose for the removal of the vehicle; and

4. A statement that, in order to receive a post-storage hearing, the owner(s), or their agent(s), shall request the hearing in person, writing or by telephone within 10 days of the date appearing on the notice.

c. The City shall be prohibited from charging for more than five days of storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle.

d. The post-storage hearing shall be conducted within 48 hours of the request for hearing, excluding weekends and holidays. Failure of the legal and registered owners, or their respective agents, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.

e. The City may designate one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle.

f. The hearing officer shall establish whether there are reasonable grounds for the storage of the vehicle and mitigating circumstances establishing that the vehicle should be released. If it is determined at the post-storage hearing that there are no reasonable grounds for the storage of the vehicle, the City shall be responsible for the costs incurred for towing and storage.

g. The City shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of legal and registered owners to request a hearing.

[Ord. #2216]

a. A vehicle impounded pursuant to Subsection 7-9.17 shall be released to the registered owner, or the registered owner's agent, prior to the end of the impoundment period under any of the following circumstances:

1. The driver of the impounded vehicle was arrested without probable cause;

2. The vehicle is a stolen vehicle;

3. The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment including a parking serviced or repair garage;

4. The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period;

5. The registered owner of the vehicle was neither the driver nor the passenger of the vehicle at the time of the alleged violation, or was unaware that the driver was using the vehicle to engage in activities subject to Section 374.3(h) of the California Penal Code;

6. A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household, and that hardship outweighs the seriousness and severity of the act in which the vehicle was used.

b. Notwithstanding any other provision of law, if a motor vehicle is released prior to the end of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.

c. Except as provided herein in Subsection 7-9.19b, the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment of the vehicle.

[Ord. #2216]

a. A vehicle impounded pursuant to Subsection 7-9.17 shall be released to the legal owner, or the legal owner's agent, prior to the end of the impoundment period if both of the following conditions are met:

1. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in California, or is another person who is not the registered owner and holds a security interest in the vehicle; and

2. The legal owner, or the legal owner's agent, pays all of the towing and storage fees related to the seizure and impoundment of the vehicle.

b. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period Neither the City, the impounding agency, nor any person having possession of the vehicle shall collect from the legal owner as described in Subsection 7-9.20a1 of this section, or the legal owner's agent, any administrative charges imposed pursuant to Section 22850.5 of the California Vehicle Code, unless the legal owner voluntarily requested a post-storage hearing.

c. The legal owner, or the legal owner's agent, shall present the following documentation to the City, its law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies:

1. A copy of the assignment as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code;

2. A release of liability from the City of Compton (if required by the City);

3. A government-issued photographic identification card; and

4. Any one of the following as determined by the legal owner or the legal owner's agent:

(a) A certificate of repossession for the vehicle;

(b) A security agreement for the vehicle; or

(c) Title (whether or not paperless or electronic) showing proof of legal ownership for the vehicle.

d. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The City, its law enforcement agency, impounding agency, or any person acting on behalf of those agencies shall not require any documents to be notarized

e. Agent of Legal Owner. The City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of these agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.

f. A city, county, city and county, or state agency shall not require a legal owner or a legal owner's agent to request a post-storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent.

g. The City, its law enforcement agency, the impounding agency, another governmental agency, or any person acting on behalf of these agencies shall not require any documents other than those specified in Subsection 7-9.20c for the release of the vehicle. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book.

h. The City, its law enforcement agency, the impounding agency, or any person acting on behalf of these agencies, or any person in possession of the vehicle may photocopy and retain the copies of any documents presented by the legal owner or legal owner's agent.

i. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner's agent and from any damage to the vehicle after its release including the reasonable costs associated with defending any such claims.

j. The legal owner, who meets the requirements for release of a vehicle pursuant to Subsection 7-9.20a, or the legal owner's agent, shall not release the vehicle to the registered owner of the vehicle, or the registered owner's agent (unless the registered owner is a rental car agency) until after the termination of the impoundment period.

k. Prior to relinquishing the vehicle to the registered owner, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment of the vehicle.

[Ord. #2216]

a. A vehicle seized and impounded pursuant to Subsection 7-9 17 shall be released to a rental car agency prior to the end of the impoundment period if:

1. The agency is either the legal owner or registered owner of the vehicle; and

2. The agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.

b. The rental car agency may continue to rent the vehicle upon recovery of the vehicle The rental car agency, however, shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period has expired.

c. The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment of the vehicle.

[Ord. #2216]

a. A person operating or in charge of a storage facility where vehicles are stored pursuant to Subsection 7-9.17 shall accept a valid bank credit card or cash for payment of towing, storage and related fees by a legal or registered owner, or the owner's agent, claiming the vehicle. A credit or debit card shall be in the name of the person presenting the card. For purposes of this subsection, "credit card" is defined as in Subsection (a) of Section 1747.02 of the Civil Code and does not include a credit card issued by a retail seller.

b. A person operating or in charge of a storage facility, as described in Subsection 7-9 22a, who violates Subsection 7-9.22a shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage and related fees.

c. A person operating or in charge of a storage facility, as described in Subsection 7-9.22a, shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.

d. Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.

e. A failure by a storage facility to comply with any applicable conditions of this subsection shall not affect the right of the legal owner, or the legal owner's agent, to retrieve the vehicle if all conditions required of the legal owner, or the legal owner's agent, for the release of the vehicle are satisfied.

[Ord. #2216]

Costs and fees incurred by the City, or at the discretion of the City, pursuant to this section shall be set by resolution or ordinance as authorized by Section 22850.5 of the California Vehicle Code.

[Ord. #2216]

This section is not the exclusive regulation or penalty for illegal dumping or any related thereto. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, state or any other legal entity or agency having jurisdiction.