Daly City Municipal Code Art. II Definitions

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number.

"Authorized receptacle" means a solid waste storage and collection receptacle as approved by the city and in accordance with Section 8.12.140.

"City" means the City of Daly City.

"Commercial quantity" means any amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount of waste matter equal to or in excess of one cubic yard.

"Costs" means and includes, but is not limited to, staff costs, court costs, attorneys' fees, costs of removal and disposal of illegally dumped discarded items, harmful waste matter, household waste matter, universal waste, and/or waste matter (including the equivalent cost of disposal if the city is not charged), costs of investigating the incident, and law enforcement costs, including, but not limited to time and expenses of police, code enforcement, public works, city attorney, and/or other city departments, incurred by the city in identifying and apprehending persons who cause or commit illegal dumping in violation of this chapter.

"Discarded items" refers to any large, unwanted items that are cast aside, placed on the curbside labeled "free", disposed of, thrown out or illegally dumped in a manner that is not allowed by state or local law. Discarded items include, but are not limited to, the following items:

1. Appliances, which means any large electric or gas appliance such as, but are not limited to, a stove, refrigerator, dishwasher, microwave, laundry machine, barbeque grill, water heater, or furnace.

2. Automotive or watercraft parts, which means any components, constituents, elements, or artifacts that are one of the individual parts of which an automotive vehicle or watercraft is composed. For the purposes of this chapter, automotive vehicles are any self-propelled vehicle that does not operate on rails and is used for transportation of people or cargo. Automotive vehicles include, but are not limited to, cars, buses, motorcycles, off-road vehicles, trucks and heavy equipment. Watercraft are any boat, ship or vessel that travels on water.

3. Household furniture, which includes any sized furniture such as chairs, desks, dressers, tables, bed frames, benches, buffets, armoires, and more; and upholstered furniture which includes furniture covered by soft, padded textile, leather, vinyl or similar covering, such as armchairs and sofas.

4. Mattresses, which means any sized resilient material or combination of materials that is used alone or in combination with other products and is intended for or promoted for sleeping upon by individuals. This includes, crib- or infant-, child-, and adult-sized mattresses.

5. Electronic waste, which means computers, computer monitors, televisions, audio equipment and any other electronic equipment that is required to be specially disposed of pursuant to state or city law, including, but not limited to, a "covered electronic device" as defined in Section 42463 of the California Public Resources Code.

"Enforcement officer" means any city employee who has been designated by the city manager to issue citations in accordance with Section 8.32.060 of this chapter.

"Illegal dumping" means the willful, intentional, or negligent depositing, disposal, dropping, dumping, placing, or throwing of any discarded items, harmful waste matter, household waste matter, universal waste, and/or waste matter onto public or private property that is not expressly designated for the purpose of disposal of said matter. the disposal of discarded items, harmful waste matter, household waste matter, universal waste, and/or waste matter on private or public property without the express permission of the real property owner shall also constitute "illegal dumping." "Illegal dumping" also includes any discarded items, harmful waste matter, household waste matter, universal waste, and/or waste matter not disposed of pursuant to City of Daly City Municipal Code Chapter 8.12. "Illegal Dumping" does not include "litter" as specifically defined in this chapter.

"Handbill," which means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, flyer, poster or any other printed or otherwise reproduced original or copies of any matter of literature of a commercial or noncommercial nature.

"Harmful waste matter" means a hazardous substance as defined in Section 374.8 of the California Penal Code.

"Household waste matter" means all forms of household garbage, refuse, trash, junk, debris, recyclable materials, and solid waste related to consumer goods.

"Litter," which means small quantities of household waste matter related to consumer goods and that are reasonably understood to be ordinarily carried on or about the body of a living person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspaper, handbills, magazines, or other similar household waste matter that escapes or is allowed to escape from a container, receptacle, or package; or the disposal of said items.

"Littering," which means the act of improperly disposing of litter.

"Newspaper," which means 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, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

"Park" means a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

"Person" means any person, firm, partnership, association, corporation, limited liability company, company or organization of any kind.

"Private premises" means any dwelling, house, building or other structure designated or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure; or any commercial building or other structure designated or used either wholly or in part for private business purposes.

"Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

"Real property owner" means any person with a fee interest in a parcel of real property and any person who manages real property for commercial or residential rental.

"Universal waste" means lamps, batteries, mercury-containing devices, and lighting ballasts.

"Vehicle" means a vehicle as defined in California Vehicle Code Section 670, and a motor vehicle as defined in California Vehicle Code Section 415.

"Vehicle owner" means an "owner" as defined in California Vehicle Code Section 460, but excludes a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person who is not the registered owner and holds a security interest in the vehicle.

"Violation" means any incident of littering or illegal dumping which is identified by a report to the city or the discovery by the city of improperly disposed of discarded items, harmful waste matter, household waste matter, litter, universal waste, and/or waste matter.

"Violator" means any person who negligently, willfully, or intentionally causes or permits discarded items, harmful waste matter, household waste matter, litter, universal waste, and/or waste matter to be illegally dumped or improperly disposed of, including, but not limited to, any person who gives or entrusts said matter to another who illegally disposes of said matter, and any vehicle owner whose vehicle is used to illegally dispose of discarded items, harmful waste matter, household waste matter, litter, universal waste, and/or waste matter, but who does not properly dispose of said matter.

"Waste matter" means any form of tangible matter that is customarily generated in the course of a trade, business, profession, or occupation, and is in an aggregate amount equal to or greater than one cubic yard, which can be estimated as one truck load. Waste matter includes, but is not limited to, any combination of the following that is in excess of one cubic yard:

1. Construction and demolition debris, which includes any and all materials resulting from the alteration, construction, destructions, rehabilitation or repair of any manmade physical structure including houses, buildings, industrial or commercial facilities, and roadways. These materials may include structural and functional materials comprising the structure and surrounding site improvements, such as brick, concrete, stone, glass, wall coverings, drywall, framing and finishing lumber, roofing materials, plumbing fixtures, hearing equipment, electrical wiring and components, insulations, carpeting, asphaltic substances, metals, railroad ties, or utility poles, among others.

2. All forms of garbage, refuse, rubbish, recyclable materials, debris, trash, and solid waste.

3. Dirt, soil, rock, decomposed rock, gravel, sand, or other aggregate material dumped or deposited as refuse.

4. Yard waste consisting of vegetative or organic material produced from the care and maintenance of landscaped areas, gardens and lawns. Yard waste includes, but is not limited to, leaves, grass clippings, weeds, dead flowers and plants, brush, tree trunks, pruned branches and stems, dirt, roots, wood shavings, rocks and trees.

5. All forms of liquid waste not otherwise defined in or deemed to fall within the purview of Section 25117 of the California Health and Safety Code, including, but not limited to, water-based or oil-based paints, chemical solutions, water contaminated with any substance rendering it unusable for irrigation or construction, oils, fuels, and other petroleum distillates or byproducts.

6. Any form of biological waste not otherwise designated by law as hazardous waste, including, but not limited to, body parts, carcasses, and any associated container, enclosure, or wrapping material used to dispose these matters.

7. A physical substance used as an ingredient in any process, now known or hereafter developed or devised, to manufacture a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or that is a byproduct or result of the manufacturing process of the controlled substance.

(Ord. No. 1441, § 2, 12-14-2020)