Chapter 8.05 — UNLAWFUL DUMPING

For the purposes of this chapter, the words and phrases set out in this section shall have the following meanings:

"Container" means any can, tank, receptacle or box used or intended to be used for the purpose of holding solid waste.

"Enforcement officer" means a code enforcement officer pursuant to Section 1.08.150 of this code.

"Person" means an individual, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other entity whatsoever.

"Solid waste" means any and all putrescible and nonputrescible liquid, solid and/or semi-solid waste, whether hazardous or nonhazardous, and/or discarded property and items, including but not limited to refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction waste, nuisance

vehicles, dismantled vehicles or abandoned vehicles and/or parts thereof, discarded home, farm or industrial appliances, furniture or personal property, vegetable or animal solid and semi-solid wastes and other discarded liquid, solid and/or semisolid wastes. For purposes of this chapter "solid waste" shall include materials brought to a Butte County waste facility that may ultimately be diverted, reused or recycled by the county.

"Waste facility" means:

A permitted facility used to receive, temporarily store, separate, convert or otherwise process the materials in solid waste or transfer solid waste directly form smaller to larger vehicles for transport; and

A permitted solid waste disposal site which is a Class III disposal site in accordance with the meaning prescribed by article 2, subchapter 15, chapter 3, title 23 of the California Code of Regulations (commencing with section 2510) as amended from time to time; and

A permitted household hazardous waste collection facility authorized to operate under permit by rule status pursuant to title 22, California Code of Regulations, section 66270.60; and

A permitted Class II disposal site; and

A permitted waste processor; and

A mono-fill waste disposal site; and

An exempt disposal facility or reclamation site.

(Ord. No. 479, § 1, 2-26-2008)

A.

It shall be unlawful for any person to:

Fail to arrange for the lawful disposal at a waste facility of solid waste generated on property which that person owns, occupies or manages; or

Cause or permit the deposit of solid waste on the right-of-way of any public highway, street, easement or thoroughfare, or upon any camping place or public grounds, or on any premises, or in any container without the permission of the owner thereof, or into any stream or dry watercourse, within the town; or

Cause, maintain or permit the accumulation of solid waste which creates an unsanitary condition or permits or encourages the accumulation or breeding of vectors.

B.

Any person violating this chapter is guilty of an infraction punishable by a fine not exceeding one thousand dollars ($1,000).

C.

Any condition that is a direct result of any of the acts/omissions set forth in subsection (A) of this section constitutes a public nuisance subject to the nuisance abatement procedures set forth in Chapter 8.04 of this code, as well as any other remedy provided by law.

D.

In a criminal proceeding alleging a violation of subsection (A) of this section, upon a prima facie showing by the prosecution that a person's items, solid waste or property have been found in any location where it is unlawful to dispose of solid waste, under circumstances which would lead a reasonable trier of fact to conclude that the items had previously been discarded in that location, shall constitute a permissible inference that the person is guilty of a violation of subsection (A) of this section. The mental state required for conviction of a violation of subsection (A) of this section is strict liability, without regard to any element of mens rea, fault, negligence or other wrongdoing.

E.

In the event of a conviction of a violation of subsection (A) of this section and under appropriate circumstances, the court shall order the defendant to pay restitution to any public entity and/or private party which and/or whom has incurred out-of-pocket expenses as a result of cleaning up an unlawful dump site, as a rehabilitative measure, in addition to any penalty imposed.

(Ord. No. 479, § 1, 2-26-2008)

A.

Whenever he or she becomes aware that any act/omission constituting a violation of this chapter has occurred, the enforcement officer may:

Issue a criminal citation to the person or persons responsible for a violation; or

Issue an administrative citation under Chapter 1.09 of this code to the person or persons responsible for a violation; or

Issue a nuisance abatement notice directing the responsible person or persons to abate the violation of this Chapter as a nuisance pursuant to Chapter 8.04 of this code; or

Request a Paradise Police Officer to issue a citation to the responsible person or persons pursuant to Penal Code section 374.3 or 374.8, as appropriate, and to impound any vehicle used to violate such sections pursuant to Vehicle Code section 23112.7.

(Ord. No. 479, § 1, 2-26-2008)

This chapter does not exclusively regulate, enforce and/or penalize refuse disposal, unlawful dumping of refuse and the other, lesser included violations set forth above. It supplements and is in addition to other regulatory and enforcement codes, statutes, and ordinances heretofore or hereafter enacted by the town, the State of California and/or any other legal entity or agency having jurisdiction.

(Ord. No. 479, § 1, 2-26-2008)