Imperial County Municipal Code Ch. 8.73 Unlawful and Unauthorized Dumping of Solid Waste

The board of supervisors of the county of Imperial has determined that:

A. Residents of Imperial County complain about the nuisances created in their neighborhoods by illegal dumping of trash, bulky items and potentially hazardous materials in their neighborhoods;

B. Illegal dumping activities pose a danger to public health and safety, decrease property values, lower the quality of life, contribute to blight, and attract more illegal dumping;

C. Materials that are illegally dumped create a nesting area for rodents, insects, and other vermin while impacting the proper drainage of runoff, and making areas more susceptible to flooding when draining basins become clogged;

D. Illegal dumping activities also place an undue burden on the county of Imperial, for cleanup, public education, and enforcement costs.

(Ord. 1436 § 1 (part), 2008)

As used in this chapter the following terms are defined as:

"Bulky item" means any discarded furniture, home or industrial appliance or abandoned vehicle or a part of an abandoned vehicle.

"Hazardous material" means any waste as defined in California Health and Safety Code Section 25117, or as that statute may be amended or reenacted.

"Illegal dumping" means the willful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. An illegal dumping does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, package, or vehicle.

"Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge, which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

(Ord. 1436 § 1 (part), 2008)

A. It is unlawful for any person or entity to dump or cause the dumping of any waste, except at permitted facilities used to receive, temporarily store, separate, convert or otherwise process the materials or public property specifically designated to receive such waste.

B. Any person who causes or permits the dumping of waste on right-of-way of any public highway, street, easement or thoroughfare, or upon any public park, private property, or on any premises, or in any container, without legal permission; or who causes, maintains or permits the accumulation of waste which creates an unsanitary condition or permits or encourages the accumulation or breeding of vectors, is guilty of an infraction punishable by a fine of not to exceed two hundred fifty dollars ($250.00). A second or subsequent violation of this section is a misdemeanor punishable by imprisonment in county jail for not more than six months and by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).

C. The court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property.

D. Except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that the person perform community service.

(Ord. 1436 § 1 (part), 2008)

The health officer, and any qualified designee of the health officer shall have authority to issue citations for violation of Section 8.73.030, and are designated as illegal dumping enforcement officers, consistent with Penal Code Section 830.7(j) or as that statute may be amended or reenacted.

(Ord. 1436 § 1 (part), 2008)

If any provision of this chapter is found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

(Ord. 1436 § 1 (part), 2008)