Lomita Municipal Code Art. 1 General Provisions

For the purpose of this chapter, the following words and terms, wherever and whenever used or appearing in this chapter, shall have the scope and meaning hereinafter defined and set out in connection with each:

(a) Illegal dumping 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 disposal of such waste.

(b) Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks, and a "motor vehicle" as defined in California Vehicle Code section 415.

(c) Trailer means a vehicle designed for carrying persons or property on its own structure and for being drawn by a vehicle and so constructed that no part of its weight rests upon any other vehicle.

(d) Waste matter means any tangible material or substance, whether or not recyclable or reusable, including, but not limited to:

(1) Municipal solid waste: garbage, refuse, recyclables, organics/yard waste, and other solid waste.

(2) Construction and demolition debris: concrete, asphalt, soil, rock, aggregate, lumber, drywall, roofing, fixtures, plumbing/electrical components, concrete slurry or washout.

(3) Bulky items: mattresses and foundations, upholstered or household furniture, appliances, and electronic waste.

(4) Automobiles/marine waste: tires, vehicle parts, batteries, used oil, fuels, and petroleum byproducts.

(5) Liquid wastes not otherwise governed by state law, including paints, chemical solutions, contaminated water, oils, and non-stormwater (except exempt by state law).

(6) Biological waste not otherwise designated hazardous by law (e.g. carcasses).

(Ord. No. 888, § 2, 5-19-26)

No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, any waste matter, garbage, swill, cans, bottles, papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings, or trash, or rubbish of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, alley, public way, or any public or private property of any kind whatsoever.

(Ord. No. 888, § 2, 5-19-26)

No person shall place or store waste matter (including bulky items) in a parkway, sidewalk, alley, street and on public or private land without first making arrangements with the appropriate solid waste franchisee for the collection or removal of such items, except for solid waste in a bin or receptacle provided by the city's solid waste franchise in accordance with the solid waste plan. If waste matter is placed adjacent to another person's property, the property owner adjacent to the waste matter is responsible for notifying the solid waste franchise to remove the waste matter within twenty-four (24) hours from when the waste matter was dropped off.

(Ord. No. 888, § 2, 5-19-26)

(a) A violation of this chapter is unlawful, and is hereby declared a misdemeanor and a public nuisance.

(b) In addition to any other penalty or remedy allowed by law, any person who violates a provision of this chapter shall be subject to the administrative citations and penalties provisions of title I, chapter 5 of the Lomita Municipal Code, except that any violation of this chapter shall be subject to a fine as follows:

(1) Two hundred fifty dollars ($250.00) for a first violation;

(2) Five hundred dollars ($500.00) for a second violation of this chapter within one year; and

(3) One thousand dollars ($1,000.00) for a third and each subsequent violation of this chapter within one year of the first violation.

For purposes of this subsection, violations shall be counted within a twelve (12) month period.

(c) In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in State law, the maximum penalties allowable under state law shall govern.

(Ord. No. 888, § 2, 5-19-26)

(a) Pursuant to section 53069.5 of the Government Code, the city does hereby offer a reward of five hundred dollars ($500.00) for information leading to the identification, arrest, and conviction of any person whose willful misconduct involving illegal dumping that results in injury or death to any person or the damage or destruction of any personal or real property under any provision of this chapter, not to exceed one thousand ($1,000.00) per violation. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

(b) Claims for rewards under this section shall be filed with the city. Each claim shall:

(1) Specifically identify the date, address, location description, and description of dumped item.

(2) Identify by name the person who was convicted of or who confessed to the illegal dumping.

(3) Identify the court and the date upon which the conviction occurred, or the place and the date of the confession.

(4) No claim for a reward shall be allowed by the city council unless an authorized representative of the city verifies the accuracy of the claim and recommends that it be allowed. The investigation must determine that the claimant's information was relevant and directly responsible for the arrest and conviction of the suspect.

(c) The person committing the violation and, if that person is an unemancipated minor, then the custodial parent of said minor, shall be liable for any rewards paid pursuant to this section.

(d) The city manager, or his/her designee, is hereby authorized and directed to provide any court finding any person guilty of an illegal dumping violation under California Health and Safety Code section 117555 or California Penal Code section 374.3 within the City of Lomita with information concerning the cost to the city or to the private property owners for illegal dumping and to request the court to require the convicted person, or if such person is an unemancipated minor, to require the parent or guardian of such person, to reimburse the city or the private person for the cost of property damage or injuries caused by the illegal dumping.

(Ord. No. 888, § 2, 5-19-26)

(a) Except as may be permitted by state law or as authorized by this chapter, it is unlawful for any individual to permit, allow, aid, or abet any illegal dumping, if such a person either knows or reasonably should know that an individual is illegally dumping on private property under his or her possession or control.

(b) A person shall be rebuttably presumed to have actual or constructive knowledge that illegal dumping has occurred if the person has not taken all reasonable steps to prevent illegal dumping on private property under his or her possession or control, as discussed in subsection (5)(a), or the person is present at the premises at the time when the illegal dumping occurred.

(c) To the extent permitted by law, the owner of a vehicle or trailer is liable and responsible for illegal dumping when the owner's vehicle or trailer is used in connection with any act of illegal dumping with the express or implied consent of the owner.

(d) Upon a violation of section 4-18.01.06, code enforcement, community safety, or law enforcement may also issue a written notice to all identifiable persons in possession or control of a vehicle or trailer used for illegal dumping or private property from which illegal dumping has occurred, that a violation of this chapter has occurred and that further violations may result in citations, assessment of response costs, or both.

(e) The provisions of this section shall not apply to:

(1) A person who initiates contact with law enforcement to assist in removing any person from the property, recovering a vehicle or trailer that will be used for illegal dumping, or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement to complain about the violation of this chapter; or

(2) A person in possession or control of property that another person illegally enters and engages in illegal dumping.

(Ord. No. 888, § 2, 5-19-26)