Fort Jones Municipal Code Ch. 8.28 Weed and Rubbish Control

The town council finds and declares that the uncontrolled growth and/or accumulation of grass, weeds or other materials or obstructions on sidewalks, streets, and on lands or lots is dangerous or injurious to neighboring property and the health or welfare of residents of the vicinity and is a public nuisance in that it creates a condition that reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harbor for rodents and insects and is injurious to the health, safety and general welfare.

(Ord. No. 2022-5, exh. A, § 8.28.010, 3-14-2022)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Garbage means and includes, but is not limited to, the following: waste resulting from the handling of edible foodstuffs or resulting from decay, and solid or semisolid putrescible waste, and all other mixed, nonrecyclable wastes which are generated in the day-to-day operation of any business, residential, governmental, public or private activity, and may include tin cans, bottles and paper or plastic, or other synthetic material, food or beverage containers.

Refuse means and includes rubbish and garbage, as defined herein.

Rubbish means and includes all the following, but is not restricted to non-putrescible wastes, such as paper, cardboard, grass clippings, tree or shrub trimmings, wood, bedding, crockery, rubber tires, construction waste and similar waste materials.

Tire means a pneumatic tire or solid tire manufactured for use on any type of motor vehicle. As defined in Public Resources Code § 42806.

Used tire, as defined in Public Resources Code § 42806.5, means a tire that meets all of the following requirements:

(1) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire.

(2) The tire meets the applicable requirements of the Vehicle Code and title 13 of the Code of Regulations.

(3) The used tire is ready for resale, is stored by size in a rack or a stack not more than two rows wide, but not in a pile, and is stored in accordance with local fire and vector control requirements and with state minimum standards.

(4) A used tire stored pursuant to this section shall be stored in a manner to allow the inspection of each individual tire.

Waste tire. Public Resources Code (PRC) § 42807 defines the term "waste tire" as a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer's original specifications. A waste tire includes a repairable tire, scrap tire, and altered waste tire, but does not include a tire-derived product, crumb rubber, or a used tire that is organized for inspection and resale by size in a rack or a stack in accordance with Public Resources Code § 42806.5.

Weeds, as used in this chapter, means includes any of the following:

(1) Weeds which bear seeds of a downy or wingy nature;

(2) Sagebrush, chaparral, and any other brush or weeds which attain such hard growth as to become, when dry, a fire menace to adjacent improved property;

(3) Weeds and grasses which are otherwise noxious;

(4) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

(5) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

Weeds, accumulation of, means and includes, but is not limited to, permitting or allowing the growth of weeds.

(Ord. No. 2022-5, exh. A, § 8.28.020, 3-14-2022)

This chapter is not the exclusive regulation for weed and refuse abatement within the town. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction.

(Ord. No. 2022-5, exh. A, § 8.28.030, 3-14-2022)

The division of authority for enforcement of this chapter shall be as follows:

(1) The chief of the town fire department shall have authority to enforce this chapter and issue citations, if he/she has obtained the PC 832 certificate, for violations in their respective districts, pursuant to Penal Code § 832.

(2) The code enforcement officer, chief of police and/or designee for the town shall have authority to enforce this chapter and issue citations for violations in their respective districts, pursuant to Penal Code § 832.

(3) The county fire warden shall have authority to enforce this chapter in the town upon request of the chief of the town fire department.

(Ord. No. 2022-5, exh. A, § 8.28.040, 3-14-2022)

A person shall not dump weeds or refuse, nor shall the person permit the dumping of weeds or refuse, nor shall the person permit the accumulation of weeds or refuse, on his/her property or on any other property in such a manner as to constitute a fire hazard.

(Ord. No. 2022-5, exh. A, § 8.28.050, 3-14-2022)

All dry grass, brush, vines or other dry vegetation shall be cleared for an area of not less than 30 feet from all structures, combustible fences, vehicles and combustible storage. The chief of the town fire department may require additional clearances when topographical or geographical conditions warrant said action.

(Ord. No. 2022-5, exh. A, § 8.28.060, 3-14-2022)

(a) No person shall allow, permit or have an accumulation of used tires or waste tires on any property within the town which tends to create a fire hazard.

(b) Exception. When tires are stored for the course of a normal licensed retail business.

(Ord. No. 2022-5, exh. A, § 8.28.070, 3-14-2022)

(a) Violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter is an infraction.

(b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of this Code is committed, continued or permitted by any such person, and he shall be punishable accordingly.

(Ord. No. 2022-5, exh. A, § 8.28.080, 3-14-2022)