Fresno County Municipal Code Ch. 8.22 Illegal Dumping

Sections

Footnotes:

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Editor's note— Ord. No. 24-008, § 1, adopted June 4, 2024, repealed ch. 8.22, §§ 8.22.005—8.22.080 and enacted a new ch. 8.22 as set out herein. Former 8.22 pertained to similar subject matter and derived from Ord. 88-001, § 1, adopted 1988.

This Chapter shall be known as the Illegal Dumping Ordinance. The Board of Supervisors finds that the illegal dumping of waste matter in or upon roadways and property in Fresno County has become a major problem which creates traffic hazards, imposes cleanup costs on both the county and private citizens, and creates potential health risks to the community. Voluntary programs and media campaigns, sponsored by both private and public organizations, have been only partially successful in alleviating the problem. Therefore, in the interest of public health and safety, it is necessary that the ordinance codified in this chapter be adopted.

It is the intent of this chapter that all penalties herein provided for be cumulative and are in addition to any other penalties or remedies provided by law for illegal dumping and littering.

(Ord. No. 24-008, § 1, 6-4-2024)

For the purposes of this chapter:

A. "Appliance" means a large electronic or gas appliance such as a stove, refrigerator, microwave, water heater, or furnace. This list is not exhaustive of types of appliances subject to this chapter.

B. "Commercial quantities of waste" means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard, as defined in Section 374.3 of the California Penal Code, and as may be amended. This does not include the dumping of household waste at a person's own residence.

C. "Director" means the director of any county department or his/her designee and the sheriff-coroner or his/her designee.

D. "Electronic Waste" means computers, computer monitors, cell phones, televisions, audio equipment, video equipment, small appliances such as coffee makers, microwaves, vacuum cleaners, and any other electronic equipment that is required to be specially disposed of pursuant to California state law.

E. "Enforcement Officer" means any county employee designated by the county administrative officer, or by the director of the county department with authority to enforce any provision of this code or related state law, and shall also mean regular salaried, full-time employees of the sheriff-coroner's office.

F. "Harmful Waste Matter" means hazardous substances as defined in Section 374. 8 of the California Penal Code, and as may be amended.

G. "Household Furniture" means large furniture, such as a table, armoire, dresser, or similar sized furniture.

H. "Illegal Dumping" and "Illegally Dump" means the willful, intentional, or negligent depositing, dropping, dumping, placing, or throwing of any Waste Matter onto public or private property that is not expressly designated for the purpose of Waste Matter.

I. "Littering" means the willful, intentional, or negligent discarding onto public or private property of small quantities of 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, without limitation, beverage containers, packaging, wrappers, wastepaper, receipts, cardboard, newspaper, magazines, cigarette butts, used gum, or similar Waste Matter that escapes or is allowed to escape from a container, receptacle, or package.

J. "Person" means an individual, trust, firm, partnership, joint stock company, joint venture, company, or corporation.

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

L. "Upholstered Furniture" means furniture that is covered by soft, padded textile, vinyl, or similar covering, such as couches, sofas, and armchairs.

M. "Waste Matter" means any form of tangible matter including, without limitation, any of the following:

1. All forms of garbage, refuse, trash, junk, debris, recyclable materials, and solid waste.

2. Dirt, rock, soil, gravel, sand, compost of any form, wood chips or mulch, tree debris, grass clippings, agricultural products, or other aggregate material dumped or deposited as refuse.

3. Abandoned or discarded furniture and children's toys and accessories.

4. Construction materials, machinery, structures, or containers.

5. All forms of liquid waste not otherwise defined or deemed to fall within the purview of Section 25117 of the California Health and Safety Code, including, without limitation, paints, chemical solutions, and contaminated water.

6. Any form of biological waste not otherwise designated by law as hazardous waste.

(Ord. No. 25-020, § 4, 10-7-2025; Ord. No. 24-008, § 1, 6-4-2024)

A. It is unlawful and a violation of this code and this chapter for any person to Illegally Dump Waste Matter, or to cause Waste Matter to be disposed in a manner not otherwise authorized by this code or State or Federal law.

B. If is unlawful and a violation of this code and this chapter for any person owning or otherwise in possession or control of any real property within the county to permit or allow the Illegal Dumping of Waste Matter from such property to be Illegally Dumped, or to cause Waste Matter to be disposed of in a manner not otherwise authorized by this code or State or Federal law.

C. It is unlawful and a violation of this code and this chapter for any person to cause or permit the Illegal Dumping of Waste Matter on the right-of-way of any public highway, street, easement, thoroughfare, or upon any public grounds, or into any stream or dry watercourse, within the County of Fresno, State of California, and outside of the incorporated areas.

D. For the purposes of civil remedies, administrative proceedings, and administrative hearings under this chapter, including administrative citations, administrative abatement actions and/or civil actions, the presence of at least two (2) pieces of addressed mail or other identifying information in the dumped material shall be deemed to create a rebuttable presumption that the person so identified is responsible for the Illegal Dumping of the Waste Matter and is subject to the remedies provide for in this chapter.

E. It is unlawful and a violation of this code and this chapter for any person to Litter or to cause Littering.

(Ord. No. 24-008, § 1, 6-4-2024)

A violation of this chapter is subject to enforcement through criminal prosecution, civil action, administrative citation, administrative abatement, and civil penalties, as provided herein. This chapter shall be administered by the County Administrative Officer, the Directors of the Department Public Works and Planning and Department of Public Health, and Sheriff-Coroner of the county, by and through the regularly salaried, fully-time employees of the county, except for the actual removal of Waste Matter which may be by other duly authorized persons.

(Ord. No. 25-020, § 4, 10-7-2025; Ord. No. 24-008, § 1, 6-4-2024)

The Board of Supervisors hereby declares and finds that Illegal Dumping and Littering are each public nuisances subject to abatement, remedies, and penalties according to the provisions and procedures contained in this code and this chapter and as may be otherwise authorized by law.

(Ord. No. 24-008, § 1, 6-4-2024)

A. Abatement. Pursuant to Chapter 1.16 of this code, the Enforcement Officer may initiate abatement proceedings against any person who deposits, causes to be deposited, or permits any Waste Matter in or upon any public highway, road, including any portion of the right-of-way thereof, or upon any private road or private property, or in or upon any public park or other public property other than property designated or set aside for waste disposal purposes, or in or adjacent to any waterway, canal, irrigation ditch or any other body of water in violation of this chapter.

B. Cost Recovery. Any person who deposits, causes to be deposited or permits the deposit of any Waste Matter in violation of this chapter shall be liable for all costs to cleanup or remove such Waste Matter according to the procedures set forth in Chapter 1.16 of this code.

C. Immediate Removal. The Enforcement Officer may immediately remove any Waste Matter determined to be an immediate and substantial threat or danger to public health, safety, or welfare of the public pursuant to the summary abatement procedures in Section 1.16.050 of this code.

(Ord. No. 24-008, § 1, 6-4-2024)

A. Illegal Dumping is a misdemeanor violation of this code and this chapter, in addition to any State law violations and administrative or civil penalties that may apply to such Illegal Dumping.

B. Littering is an infraction. Littering is an infraction violation of this code and this chapter, in addition to any State law violations and any administrative or civil penalties that may apply to such Littering.

C. Pursuant to the procedures set forth in Sections 835.6 and 853.6 of the California Penal Code, the Enforcement Officer is empowered to enforce, and is charged with the duty of enforcing this chapter and those Penal Code provisions prohibiting littering and illegal dumping.

(Ord. No. 24-008, § 1, 6-4-2024)

A. Administrative Citations. Pursuant to Section 53069.4, of the California Government Code, the Enforcement Officer may immediately issue an administrative citation to any person for a violation of Section 8.22.030 in the presence of the Enforcement Officer or upon the Enforcement Officer's confirmation of a violation of Section 8.22.030.

B. Littering. Pursuant to Section 25132, subdivision (b) of the California Government Code, Littering is punishable as an infraction and by issuance of administrative citation as follows:

1. One hundred dollars ($100) for a first violation.

2. Two hundred dollars ($200) for a second violation of this chapter within one year of the first violation.

3. Five hundred dollars for each violation of the same ordinance within one year of the first violation.

C. Illegal Dumping. Except in cases of Major Violations, as defined in Section 8.22.080.D, each act of Illegal Dumping is punishable as a misdemeanor and is subject to an administrative penalty of $1,000, per violation.

D. Major Violations. Major Violations are punishable as a misdemeanor and are subject to greater financial penalties because Illegal Dumping of this magnitude is a greater threat to the health, safety and welfare of the residents and the community and imposes a greater financial burden on the county to abate.

1. The following are considered Major Violations: (1) where the Illegal Dumping involves a Commercial Quantity, Harmful Waste Matter, mattress(es), tire(s), Household Furniture, Upholstered Furniture, an Appliance, Universal Waste, or Electronic Waste; or (2) where a person received three administrative citations for violations of this chapter within a one-year period, the next instance of Illegal Dumping by that person will be deemed a Major Violation.

2. A person who commits a Major Violation shall be subject to an administrative penalty of $3,000, per violation.

E. Contents of the Administrative Citation. At minimum, an administrative citation issued for a violation of this chapter shall contain the following information: (a) the date of the violation and any previous administrative citations for Illegal Dumping or Littering issued with the proceeding one-year period to the person receiving the administrative citation; (b) a description of the Illegally Dumped Waste Material constituting the violation; (c) the address or a definite description of where the violation occurred; and (d) evidence identifying the person receiving the administrative citation as the person responsible for the violation.

F. Separate Violations. The following are considered separate instances of Illegal Dumping, each of which is subject to the above remedies:

1. Each individual mattress, individual tire, Appliance, item of Electronic Waste; item of Household Furniture, item of Upholstered Furniture, item of Universal Waste, or item of Harmful Waste Matter Illegally Dumped is a separate Major Violation. For example, Illegally Dumping both a mattress and an Appliance would constitute two (2) separate Major Violations, each of which is subject to the above $3,000 administrative penalty.

2. Each cubic yard of Waste Matter Illegally Dumped is a separate Major Violation. For example, Illegally Dumping two (2) cubic yards of Waste Matter would constitute two (2) separate Major Violations, each of which is subject to the above $3,000 administrative penalty.

3. A Commercial Quantity of Waste Matter Illegally Dumped which also contains Harmful Waste Matter, a mattress, an Appliance, Upholstered Furniture, Household Furniture, or Electronic Water may be cited both as a Commercial Quantity and separately as Harmful Waste Matter, a mattress, an Appliance, Universal Waste, Upholstered Furniture, Household Furniture, or Electronic Waste, and each constitutes a separate Major Violation. For example, Illegally Dumping an Appliance which measures more than a cubic yard would constitute two (2) separate Major Violations, each of which is subject to the above $3,000 administrative penalty.

4. Each individual act or Illegal Dumping or Littering at the same location is a separate violation.

5. Each day an act of Illegal Dumping or Littering continues unabated is a separate violation.

(Ord. No. 24-008, § 1, 6-4-2024)

A. The administrative citation issued pursuant to this chapter shall be served on the responsible person as follows:

1. The Enforcement Officer may personally serve the responsible person. The Enforcement Officer may obtain the signature of the responsible person on the administrative citation to establish personal service. If the responsible person refuses or otherwise does not sign the administrative citation, the lack of signature shall in no way affect the validity of the administrative citation and proceedings.

2. If the responsible person is not present for personal service when the Enforcement Officer determines there is a violation, or if the responsible person refuses to accept service of the administrative citation in any other circumstances, the Enforcement Officer shall mail the administrative citation to the responsible person by first class mail, postage prepaid.

3. For a violation of Illegal Dumping on private property, the Enforcement Officer may post a copy of the administrative citation in a conspicuous location on the property where the violation exists or is maintained. A copy of the administrative citation shall also be mailed to the responsible person by first class mail, postage prepaid.

B. Service of the administrative citation shall be effective on the date posting, mailing or personal service.

C. Proof of Service. Proof of service of the administrative citation may be made by a declaration of service by any officer or employee of the county or by affidavit of any person over the age of eighteen years. The failure of a person to receive properly addressed service shall not affect its validity or the validity of any proceedings relating to the violation(s).

D. If pursuant to the Enforcement Officer's investigation, real property upon which a violation of this chapter exists or is maintained, even if a tenant, agent, or other person appears, whether in conjunction with the owner, or independently, to be causing or maintaining the violation, the administrative citation shall be issued to the current record owner. If the real property appears to be owned by someone other than the current record owner, that is, a property owner, and the name and address of the property owner is known, an administrative citation shall be issued both to the current record owner, and to the property owner. In such case a copy of the administrative citation issued to the property owner shall be sent to the current record owner and a copy of the administrative citation issued to the current record owner shall be sent to the property owner.

E. Unless the responsible person properly requests a hearing pursuant to Section 8.22.100 to challenge an administrative citation issued pursuant to this chapter within 15 days of the date of issuance, the administrative citation shall constitute the final administrative order and the imposition of the administrative penalty shall become a final order.

(Ord. No. 24-008, § 1, 6-4-2024)

The procedures to appeal an administrative citation issued pursuant to this chapter are as follows:

A. Hearing Request. Any person issued an administrative citation pursuant to 8.22.080 may contest issuance of the citation by the procedures found in Section 1.13.170 of this code.

B. Advanced Deposit Hardship Waiver. Any person who intends to request a hearing to contest an administrative citation issued pursuant to Section 8.22.080 and who is financially unable to make the advanced deposit of the citation amount, as required by Section 1.13.170 of this code, may file a request for an advanced deposit hardship waiver by the procedures found in Section 1.13.180 of this code.

C. Hearing Officer. For hearings to challenge the administrative citations issued pursuant to Section 8.22.080, the county administrative officer or the county administrative officer's designee shall appoint a hearing officer to preside over an administrative citation hearing that has been properly requested under the provisions of this chapter and this code.

D. Hearing Procedures. The procedures for a hearing to contest an administrative citation issued pursuant to Section 8.22.080 are the same as those procedures listed in Section 1.13.200 of this code.

E. Hearing Officer's Decision. A hearing officer appointed to hear a contest to an administrative citation issued pursuant to Section 8.22.080 shall follow the procedural requirements of Section 1.13.210 of this code.

F. Right to Judicial review. Any person aggrieved by the decision of an administrative hearing officer on an administrative citation, may obtain review of the administrative decision by filing a petition for review with the Fresno County Superior Court, in accordance with the timeline and other provisions set forth in Section 53069.4. in California Government Code.

G. The procedures of Sections 1.14.020-1.14.050 of this code are applicable to this chapter.

(Ord. No. 25-020, § 4, 10-7-2025; Ord. No. 24-008, § 1, 6-4-2024)

The county may collect any past due administrative citation(s) or unpaid civil penalties, assessed, and issued pursuant to this chapter, by use of any and all available legal means, including, without limitation, as a personal obligation or a lien recorded against any real property owned by the person(s) found to have committed an act of Illegal Dumping or Littering. County Counsel may bring a civil action in the name of the county to recover any past due administrative citation(s) or unpaid civil penalties and may enforce any judgment to collect any unpaid sum in the same manner as civil judgments.

(Ord. No. 24-008, § 1, 6-4-2024)

A. An addition to the remedies provided in this chapter, County Counsel may bring a civil action in a court of competent jurisdiction against any person found to have committed an act of Illegal Dumping or Littering. In the civil action, County Counsel may pursue all available remedies authorized by law and may seek to recover all Costs related to the Illegal Dumping or Littering.

B. The court in which such a proceeding is heard may assess a civil penalty in amount not to exceed $1,000 for each day the Waste Matter remains deposited in violation of this chapter. In determining the amount of the civil penalty, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the fact of any past violations, and corrective action, if any taken by the violator.

(Ord. No. 24-008, § 1, 6-4-2024)

Each person who participates in an act of Illegal Dumping is jointly and severally liable with any other person who participates for all citations, fines, penalties, damages, and Costs related to the act of Illegal Dumping.

(Ord. No. 24-008, § 1, 6-4-2024)

To the extent permitted by law, an owner or operator of a motor vehicle is liable and responsible for all citations, fines, penalties, damages, and Costs related to an act of Illegal Dumping when the owner's vehicle is used in connection with any act of Illegal Dumping with the express or implied permission of the owner or operator the motor vehicle.

(Ord. No. 24-008, § 1, 6-4-2024)

Any person who employs, hires, engages, or utilizes a waste hauler or third party for Waste Matter disposal shall obtain and keep for at least six (6) months the name, address, vehicle, license number of, and dated receipt from, the person so employed, hired, engaged or utilized. In the absence of having such information, the person claiming to have used a waste hauler or other third party shall continue to be responsible for cleanup costs and penalties as provided in this chapter.

(Ord. No. 24-008, § 1, 6-4-2024)

The County Administrative Officer is authorized to develop an Illegal Dumping and Litter Community Service Program to be offered for violators of this chapter in lieu of payment of any citations, fines, penalties, and/or Costs.

(Ord. No. 24-008, § 1, 6-4-2024)

A. Any person who provides information which results in a fully collected administrative citation(s), final administrative order, or final judgment of a violation of the provisions of this chapter, may be entitled to a reward by the county up to 25% of the amount of any administrative citation(s) or civil penalty which has been fully collected in the same case.

B. No reward paid pursuant to this section shall exceed $1,000.00. If more than one person provides information, the reward shall be equally divided between such persons.

C. The determination of an entitlement to reward shall be solely within the discretion of the Enforcement Officer whose determination shall be final and conclusive.

(Ord. No. 24-008, § 1, 6-4-2024)

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

(Ord. No. 24-008, § 1, 6-4-2024)

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Board of Supervisors hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. 24-008, § 1, 6-4-2024)