Merced County Municipal Code Ch. 9.16 Illegal Dumping

(Note: Former Ch. 9.16, Dumping and Littering, derived from Ord. 247; Ord. 319; Ord. 587; and Ord. 628, was repealed by Ord. 2055, 2/3/2026.)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

"Authorized service provider" or "county-authorized service provider"

means a solid waste enterprise or other entity that has been granted a franchise, contract, or permit by the county of Merced to collect, transport, process, and/or dispose of discarded materials.

"Director"

means the director of the Merced County department of public works, or their designated representative, enforcement officer, or code enforcement officer.

"Discarded materials"

means any form of tangible matter, whether liquid, solid, or semi-solid, including, without limitation:

All forms of garbage, refuse, trash, junk, debris, recyclable materials, green waste, and solid waste;

Dirt, rock, soil, gravel, sand, concrete, asphalt, compost, wood chips, mulch, tree debris, grass clippings, or other aggregate material;

Abandoned or discarded furniture, mattresses, bedding, and appliances (including, but not limited to, refrigerators, stoves, water heaters, and washing machines);

Electronic waste, including computers, televisions, and other devices required to be specially disposed of under state law;

Construction and demolition debris, materials, machinery, structures, or containers;

All forms of liquid waste, biological waste, or hazardous waste not otherwise regulated by separate provisions of this Code or state law; and

Any packaging, wrappers, wastepaper, cardboard, or similar consumer waste matter.

"Illegal dumping"

means the commission of any act prohibited by, or the failure to perform any act required by, Sections 9.16.020 through 9.16.050 of this chapter.

"Person"

means any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, or company.

"Public receptacle"

means a container provided by the county, or an authorized service provider, for the use of the public to deposit discarded materials in public spaces, such as parks, sidewalks, or bus stops.

"Resource management facility"

means a facility permitted by the state of California and authorized by the county of Merced to accept, process, transfer, or dispose of discarded materials, including landfills, transfer stations, and recycling centers.

"Surveillance data"

means any visual or audio information collected by a camera, video recorder, or similar device utilized under a lawful surveillance program, which captures the commission of a violation of this chapter.

(Ord. 2055, 2/3/2026)

Except as otherwise provided by applicable law, no person shall deposit or discharge, or caused to be deposited or discharged, any discarded materials in any place other than an approved discarded materials container or at a permitted resource management facility, in accordance with this chapter.

(Ord. 2055, 2/3/2026)

It shall be unlawful for any person to:

A. Fail to arrange for the lawful collection, processing, and/or disposal of discarded materials generated on the premises which that person owns, occupies, controls or manages, including failing to maintain a continuous subscription for regular discarded materials removal by a county-authorized service provider, and/or using unauthorized service providers to collect, process, or dispose of discarded materials;

B. Cause, maintain, or permit discarded materials to be placed in a container other than provided for in this chapter;

C. Cause, maintain, or permit the illegal dumping of discarded materials on the right-of-way of any public highway, street, easement or thoroughfare; upon any camping place or public grounds; on any premises or in any container without the express permission of the owner thereof; or into any stream or dry watercourse within the county's jurisdiction; or

D. Cause, maintain or permit the illegal dumping of discarded materials within the county in any manner that violates the provisions of this chapter.

(Ord. 2055, 2/3/2026)

It is unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped any discarded materials at any permitted resource management facility:

A. Without first paying the fees prescribed by the permitted resource facility; or

B. In violation of the rules and regulations prescribed by the permitted resource management facility for the operation of the permitted resource management facility.

(Ord. 2055, 2/3/2026)

A. Private Receptacles. It is unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped in any discarded materials receptacles reserved for the use of any other household, business or other entity, any discarded materials without express written permission from such household, business or other entity.

B. Public Receptacles. It is unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped any discarded materials in any of the public discarded materials receptacles within the unincorporated areas of the county, unless that person or entity is utilizing the public discarded materials receptacles in conjunction with a legitimate outdoor recreational activity that necessitates the use of public discarded materials containers.

(Ord. 2055, 2/3/2026)

A. The procedures contained in this chapter for the citation and penalization of persons caught committing the act of illegal dumping are expressly intended as a deterrent and remedy to further the abatement of illegal dumping; to protect residents and the public at large from harm to their health, safety and welfare; to avoid destruction and injury to lives and property; and, to compensate the county for damages incurred as a result of the occurrence of the nuisance activities. Examples of such damages are the costs of cleaning up illegal disposal sites and diverting limited public agency resources to address the nuisance activities through direct enforcement or other programs designed to prevent illegal dumping.

B. Any person who violates the provisions of this chapter is subject to the enforcement actions specified in this chapter. The director is responsible for the enforcement of this chapter and shall act as the enforcement officer for the purposes of this chapter. Administrative penalties assessed for each illegal dumping violation, or repeated violation, are as follows:

1. First violation: $2,500;

2. Second violation within a one-year period: $5,000;

3. Third or subsequent violation within a one-year period: $10,000.

C. For purposes of conducting any administrative hearing under this chapter, the following evidence shall constitute a rebuttable presumption that the identified person has committed illegal dumping in violation of this chapter and is subject to the penalties and remedies provided for in this chapter:

1. The presence of at least two pieces of addressed mail, bills, or other items found within the illegally dumped material that bear the name, address, or other identifying information of the person; or,

2. Surveillance data, as defined in Section 9.16.010, that depicts the person— or a vehicle registered to the person—depositing or discharging discarded materials in violation of this chapter.

Upon the presentation of such evidence, the burden of proof shall shift to the identified person to demonstrate by a preponderance of the evidence that they were not responsible for the violation.

D. In the event of a conviction of a violation of this chapter and under appropriate circumstances, the court may order the defendant to pay restitution in an amount according to proof to any public entity and/or private party which and/or who has incurred out-of-pocket expenses as a result of restoring the premises used as an illegal dumping site to its prior condition, in addition to any other penalty imposed.

(Ord. 2055, 2/3/2026)

A. Declaration of Public Nuisance. Pursuant to California Vehicle Code Section 22659.5, subdivision (a), any motor vehicle used in the commission or attempted commission of illegal dumping of discarded materials in violation of California Penal Code Section 374.3, subdivision (h), is hereby declared to be a public nuisance and is subject to seizure and an impoundment period of up to 30 days, if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years.

B. Authority to Seize and Impound. Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code, may seize and impound a vehicle declared to be a public nuisance under subsection A for a period of up to 30 days when:

1. The vehicle is used in the commission or attempted commission of an act that violates California Penal Code Section 374.3, subdivision (h); and

2. The driver of the vehicle is validly arrested for a violation of Penal Code Section 374.3, subdivision (h); and

3. The owner or operator of the vehicle has had a prior conviction for a violation of Penal Code Section 374.3, subdivision (h) within the past three years.

C. Notice to Legal and Registered Owners. Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle at the address obtained from the Department of Motor Vehicles, and to the registered owner, informing them that the vehicle has been impounded. The notice shall comply with all requirements set forth in California Vehicle Code Section 22659.5, subdivision (a), including, but not limited to:

1. The name, address, and telephone number of the impounding agency;

2. The location of the place of storage and a description of the vehicle, including, if available, the model or make, the manufacturer, the license plate number, and the mileage;

3. The authority and purpose for the removal of the vehicle;

4. A statement that, in order to receive a poststorage hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice; and

5. A published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of legal owners and registered owners to request a hearing.

The impounding agency shall be prohibited from charging for more than five days' storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle.

D. Poststorage Hearing. The registered and legal owners of the vehicle, or their agents, shall have the opportunity for a poststorage hearing to determine the validity of, or consider any mitigating circumstances attendant to, the storage, in accordance with the requirements of California Vehicle Code Section 22659.5, subdivision (b). The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The County may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle. Failure of the legal and registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.

E. Mandatory Early Release. The impounding agency shall release the vehicle to the registered owner or his or her agent prior to the end of the impoundment period under any of the circumstances set forth in California Vehicle Code Section 22659.5, subdivision (f), including, but not limited to:

1. The driver of the impounded vehicle was arrested without probable cause;

2. The vehicle is a stolen vehicle;

3. The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage;

4. The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period;

5. The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation, or was unaware that the driver was using the vehicle to engage in illegal dumping activities in violation of California Penal Code Section 374.3; or

6. A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household, and the hearing officer determines that the hardship to the spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweighs the seriousness and the severity of the act in which the vehicle was used.

F. Costs and Lien. Except as otherwise provided in California Vehicle Code Section 22659.5, the registered owner of the vehicle or his or her agent shall be liable for all reasonable costs associated with the removal, transportation, and storage of the vehicle. The release of the vehicle shall be subject to the payment of such costs and any applicable restrictions set forth in California Vehicle Code Section 22850.5. The costs of towing and storage shall be a lien on the vehicle.

G. Release to Legal Owners. A vehicle removed and seized under this section shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of the impoundment period in accordance with the requirements of California Vehicle Code Section 22659.5, subdivisions (i) through (m), if the legal owner meets the conditions specified therein.

H. Disposition of Vehicle. Any vehicle impounded pursuant to this section and not redeemed may be disposed of in accordance with applicable provisions of the California Vehicle Code.

(Ord. 2055, 2/3/2026)