Chapter 8.11 — ILLEGAL DUMPING AND LITTERING

The City Council finds as follows:

A.

The increase in illegal dumping on public and private property creates a condition of blight within the City that can result in the deterioration of property values, and enjoyment of life for persons using adjacent and surrounding properties as well as the entire community.

B.

Illegal dumping is disrespectful to Oakland, its citizens and businesses, negatively impacts the business climate in Oakland and promotes a perception that the laws protecting public and private property can be disregarded with impunity.

C.

Illegal dumping is inconsistent with the City's goals of maintaining property, preventing crime, and preserving aesthetic standards. Incidents of illegal dumping often spawn more illegal dumping, and create conditions that can lead to more incidents of serious or violent crimes.

D.

The remedies and penalties for illegal dumping are currently inadequate to compensate the public and victims of such acts and to discourage illegal dumping.

E.

The City Council's purpose and intent, by enacting this Chapter, is to protect public and private property from illegal dumping by increasing remedies for victims of such acts and penalties for those performing such acts in order to discourage such acts and to adequately compensate the public and private victims of illegal dumping.

F.

A further purpose of this Chapter is to permit the perpetrators of illegal dumping to perform community service in lieu of monetary or criminal penalties, when appropriate.

G.

Dumping of mattresses, large furniture, electronic items, large appliances, and hazardous waste present particular problems as they are difficult and costly to remove.

H.

All persons creating waste matter should be responsible to ensure that such waste matter is properly disposed of in the manner provided by law, including not giving waste matter for disposal to a person who is not authorized or who does not legally dispose of such waste matter.

(Ord. No. 13195, § 1, 10-15-2013)

The following terms are defined for use in this Chapter:

A.

"Appliance" means a larger electronic or gas appliance such as a stove, refrigerator, microwave, water heater, or furnace.

B.

"Collector" means the entity that is the franchisee for solid waste collection in the City.

C.

"Commercial quantity" 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.

D.

"Costs" means and includes, but is not limited to, court costs, attorneys' fees, costs of removal and disposal of illegally dumped waste matter (including the equivalent cost of disposal if the City is not charged), costs of investigating the incident, and law enforcement costs, including, but not limited to time and expenses of police, Code Enforcement, Public Works, City Attorney, and/or other City departments, incurred by the City in identifying and apprehending persons who cause or commit illegal dumping in violation of this Chapter.

E.

"Dumping violator" means any person who negligently, willfully, or intentionally causes or permits waste matter to be illegal dumped, including, but not limited to, any person who gives or entrusts waste matter to another who illegally dumps such waste matter, and any vehicle owner whose vehicle is used to illegally dump.

F.

"Electronic waste" means computers, computer monitors, televisions, audio equipment and any other electronic equipment that is required to be specially disposed of pursuant to State or City law, including,

but not limit to a "covered electronic device" as defined in Section 42463 of the California Public Resources Code.

G.

"Foundation" means a ticking-covered structure used to support a mattress or sleep surface. The structure may include constructed frames, foam, box springs, or other materials, used alone or in combination.

H.

"Harmful waste matter" means a hazardous substance as defined in Section 374.8 of the California Penal Code; a hazardous waste as defined in Section 25117 of the California Health and Safety Code; waste that, pursuant to Division 30 (commencing with Section 40000) of the California Public Resources Code, cannot be disposed in a municipal solid waste landfill without special handling, processing, or treatment; or waste matter in excess of one cubic yard.

I.

"Household furniture" means larger furniture, such as a table, buffet, armoire, dresser, and similar size furniture.

J.

"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 the purpose of disposal of waste matter. "Illegal dumping" also includes any waste matter not disposed of pursuant to O.M.C. 8.28.070, or any successor legislation. "Illegal dumping" does not include litter as defined herein.

K.

"Litter" means the discarding 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, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspaper, magazines, or other similar waste matter that escapes or is allowed to escape from a container, receptacle, or package.

L.

"Litter violator" means any person, who negligently, willfully, or intentionally causes or permits waste matter to be littered, including, but not limited to, any person who gives or entrusts waste matter to another for disposal, but who litters such waste matter.

M.

"Mattress" means resilient material or combination of materials that is used alone or in combination with other products, and is intended for or promoted for sleeping upon. "Mattress" includes a foundation and a renovated mattress or renovated foundation. "Mattress" does not include the following:

An unattached mattress pad or unattached mattress topper, including items with resilient filling, with or without ticking, intended to be used with or on too of a mattress.

A sleeping bag or pillow.

A car bed, crib, or bassinet mattress.

Juvenile products, including a carriage, basket, dressing table, stroller playpen, infant carrier, lounge pad, or crib bumper, and the pads for those juvenile products.

N.

"Person" includes a natural person, firm, copartnership, association, limited liability company, or corporation.

O.

"Real property owner" means any person with a fee interest in a parcel of real property and any person who manages real property for commercial or residential rental.

P.

"Trailer" means a "trailer" as defined in California Vehicle Code Section 630.

Q.

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

R.

"Vehicle" means a vehicle as defined in California Vehicle Code Section 670, and a motor vehicle as defined in California Vehicle Code Section 415.

S.

"Vehicle owner" means an "owner" as defined in California Vehicle Code Section 460, but excludes a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person who is not the registered owner and holds a security interest in the vehicle.

T.

"Waste matter" means any form of tangible matter including, but not limited to, any of the following:

All forms of garbage, refuse, rubbish, recyclable materials, and solid waste.

Dirt, soil, rock, decomposed rock, gravel, sand, or other aggregate material dumped or deposited as refuse.

Abandoned or discarded furniture; or commercial, industrial, or agricultural machinery, apparatus, structure, or other container; or a piece, portion, or part of these items.

All forms of liquid waste not otherwise defined in or deemed to fall within the purview of Section 25117 of the California Health and Safety Code, including, but not limited to, water-based or oil-based paints, chemical solutions, water contaminated with any substance rendering it unusable for irrigation or construction, oils, fuels, and other petroleum distillates or byproducts.

Any form of biological waste not otherwise designated by law as hazardous waste, including, but not limited to, body parts, carcasses, and any associated container, enclosure, or wrapping material used to dispose these matters.

A physical substance used as an ingredient in any process, now known or hereafter developed or devised, to manufacture a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or that is a byproduct or result of the manufacturing process of the controlled substance.

(Ord. No. 13195, § 1, 10-15-2013)