Port Hueneme Municipal Code Part K Prohibited Acts and Enforcement

To protect public health, safety and well-being and to control the spread of vectors, no person shall place or keep solid waste in containers or bins other than those approved by a collector; nor shall any person keep upon any premises in the City any solid waste which is offensive, obnoxious, or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to control the spread of vectors, no person, other than the person in charge of any premises, or the collector authorized by the person in charge of any premises, shall remove any container from the location where the container was placed for storage or collection by the person in charge of the premises, or remove any solid waste from any container, or move any container from the location in which it was placed for storage or collection, without prior written approval of the person in charge of such premises.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to minimize interference with public rights-of-way, no person shall place bulky goods adjacent to a street or public right-of-way for collection or removal without first having made arrangements with a collector for the pick-up of the bulky goods.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to control the spread of vectors, no person shall place or deposit commercial solid waste, industrial solid waste, institutional solid waste, medical waste (as defined in the Health & Safety Code), or hazardous waste in any civic litter container or in any standard residential solid waste container.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to control the spread of vectors, no person shall burn any solid waste within the City, except in an approved incinerator or transformation facility or other device for which a permit has been issued by the Building Official, and which complies with all applicable permit and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules, and regulations.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to control the spread of vectors, no person other than a self-hauler with a self-haul permit issued pursuant to Section 7229, above, a gardener with a self-haul permit issued pursuant to Section 7230, above, or a City-authorized (by resolution of the Council) collector shall collect any solid waste from any premises within the City. To protect the public health and welfare and to enable the City to achieve and verify its AB 939 diversion goals and reporting requirements, no person other than a City-authorized collector shall collect any recyclable materials from any premises within the City.

(Ord. 687 § 2, 2008: Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to prevent the spread of vectors, it is unlawful for any person, other than a collector, to take, remove, or appropriate for his/her own use any solid wastes, recyclable solid waste, potentially recyclable articles commingled with solid waste, source-separated single recyclable solid waste or green waste which has been placed for collection or removal by a collector, whether so placed in containers or not.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to prevent the spread of vectors, it is unlawful, and a public nuisance, for any person to occupy, inhabit, maintain, or to be in control of day-to-day activities of any premises within the City at which solid waste is generated or accumulated for which arrangements have not been made for regular collection and removal of solid wastes or for which the person in charge of day-to-day operations has not obtained a self-haul permit.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to control the spread of vectors, and to prevent the contamination of solid waste and recyclable solid waste, it is unlawful for any person to place solid waste in, or to otherwise use the solid waste, green waste or recyclable solid waste containers of another person, without the permission of such other person.

(Ord. 632 § 1 (part), 2000)

The unauthorized removal of recyclable solid waste placed at a designated recycling location is prohibited by California Public Resources Section 41950.

(Ord. 632 § 1 (part), 2000)

To protect public health, safety and well-being and to control the spread of vectors, it is unlawful for any person transporting solid waste to fail to immediately clean up, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped during removal or transport within the City by such person. It is unlawful and a nuisance for the person in charge of day-to-day operation of any premises in the City to permit or suffer solid waste to be deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment (including the abandonment of or discarding of barrels, containers and other closed receptacles) or otherwise come to be located outside an authorized container for the collection of such solid waste at the premises of which the person is in charge, notwithstanding human or animal interference with bins or containers, wind or other natural forces, and whether during storage, collection, removal, or transfer.

(Ord. 632 § 1 (part), 2000)

It is unlawful for any person to deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose into the environment, including the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever, any solid or liquid waste upon any premises, including, but not limited to any storm drain or channel, within the City, or to cause, suffer, or permit such solid or liquid waste to come to be located upon any premises in the City, except as authorized by the Port Hueneme Municipal Code.

(Ord. 632 § 1 (part), 2000)

It is unlawful for any person in the City required to obtain a business license to perform gardening or landscaping services in the City for hire to place green waste generated or accumulated in the course of the performance of that person's gardening or landscaping services in the City into any container other than a green waste container at the premises where the green waste was generated or accumulated or to deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose into the environment, including the abandonment of or discarding of barrels, containers and other closed receptacles, any green waste at any other place in the City, or outside the City at any place other than a permitted green compost facility or other composting facility exempt from permitting by the California Integrated Waste Management Board, or a permitted facility serving as a collection facility for a permitted green compost facility or other composting facility exempt from permitting by the California Integrated Waste Management Board, and in the case of green waste placed at any location other than into a green waste container at the premises where the green waste was generated or accumulated, to fail to report to the City Manager the date of disposal, the quantity disposed of, and the place of disposal at the times and in the manner prescribed by the City Manager.

(Ord. 632 § 1 (part), 2000)

Pursuant to California Penal Code Section 836.5, the Public Works Director, persons designated by the Director, and all City Code Enforcement Officers are authorized to enforce the provisions of this Chapter and as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government Code Sections 68055 et seq.; and California Vehicle Code Sections 23111 and 23112.

(Ord. 645 § 3, 2003 (part); Ord. 632 § 1 (part), 2000)

(Ord. No. 695, § 3, 11-16-09)

Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set out in Article I, Chapter 2 of this Code.

(Ord. 632 § 1 (part), 2000)

Violation of this Chapter shall be an infraction.

(Ord. 632 § 1 (part), 2000)

The City Manager or the City Manager's Designee shall have the authority to enforce the provisions of this Chapter. This authority shall be in addition to the authority granted to police officers pursuant to the Municipal Code. The City Manager may promulgate administrative regulations relating to the provision of integrated waste management services, which are not specifically provided for in this Chapter.

(Ord. 632 § 1 (part), 2000)

Nothing in this Chapter shall be deemed to limit the right of a collector to bring a civil action against any person who violates Section 7239 of this Chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a collector.

(Ord. 632 § 1 (part), 2000)