El Cajon Municipal Code Ch. 8.22 Trash Bins and Drop Off Boxes

The city council finds that the unregulated practice of allowing trash bins and drop off boxes in the city would result in a proliferation of such solid waste facilities which could result in potentially dangerous health and safety concerns, including: creating environments for pests, insects, and other vermin; generating offensive odors; creating unsightly accumulations of trash and solid waste; and presenting unsafe conditions for children and others playing or working around such solid waste facilities. The purpose of this chapter is to regulate the use, location, and size of trash bins and drop off boxes in the city, to regulate the duration of use of permitted trash bins and drop off boxes, and to provide remedies for the violation of such regulations.

(Ord. 4684 § 1, 2001)

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended:

"Drop off box"

means a container, for the collection of solid waste or items to be recycled, with dimensions of, or exceeding, six feet by five feet by eighteen feet.

"Trash bin"

means a container, for the collection of solid waste or items to be recycled, with dimensions of, or exceeding, fifty-four inches by sixty inches by twenty-four inches, but not exceeding the dimensions of six feet by five feet by eighteen feet.

(Ord. 4684 § 2, 2001)

No person, except the city or its authorized representative, shall place or leave standing a trash bin or a drop off box within the city.

(Ord. 4684 § 3, 2001)

If there is no valid authority for a trash bin or drop off box, or if the terms of the permit or this ordinance are not complied with, the city manager, or his designee, may, by notice, require the removal of any trash bin or drop off box.

(Ord. 4684 § 4, 2001)

The notice referred to in Section 8.22.040 shall be posted upon the trash bin or drop off box. The notice shall specify the violation and shall require the removal of such encroachment within twenty-four hours. Such notice shall be required one time only to any one owner of a trash bin or drop off box. Following such posting, it shall be conclusively presumed thereafter that the owner of the trash bin or drop off box has knowledge of the requirements of this chapter. Future placement of a trash bin or drop off box within the city by a person or company that has been previously notified of such violation, shall be deemed to be in violation of the provisions of this chapter and such notice shall not be required to be posted on said trash bin or drop off box.

(Ord. 4684 § 5, 2001)

If the trash bin or drop off box is not removed within twenty-four hours from and after posting of the notice, the city may remove the trash bin or drop off box at the expense of the owner of the trash bin or drop off box or at the expense of any other person causing the trash bin or drop off box to remain. If the owner of the trash bin or drop off box has been previously notified as referred to in Section 8.22.040, the city may remove the trash bin or drop off box immediately at the expense of the owner of the trash bin or drop off box or the person causing the trash bin or drop off box to remain. The city may store the removed trash bin or drop off box in a public or private yard, and the owner of the trash bin or drop off box shall be responsible for all impound and storage fees and other charges incurred in the removal and storage of the trash bin or drop off box.

(Ord. 4684 § 6, 2001)

It is unlawful for a person to place solid waste or trash in a trash bin or drop off box unless the person is the owner or lessee of the trash bin or drop off box or has the permission of the owner or lessee of the trash bin or drop off box to place solid waste or trash in the trash bin or drop off box.

(Ord. 4684 § 7, 2001)

A. Any person violating any of the provisions of this chapter shall be subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code. In the event that the violation is charged as an infraction and, upon conviction thereof, the person shall be subject to: (1) a fine of fifty dollars for a first violation; (2) a fine of one hundred dollars for a second violation of this chapter within one year; (3) a fine of two hundred fifty dollars for each additional violation of this chapter within one year.

B. Each such person shall be charged with a separate offense for each and every day during any portion of which a violation of any provision of this chapter is committed, continued or permitted by such person, and shall, upon conviction, be punishable accordingly.

C. In lieu of criminal prosecution pursuant to Subsection A, herein, violations of this chapter may be prosecuted in accordance with the administrative citation procedure set forth in Chapter 1.14 of this code.

(Ord. 4684 § 8, 2001)