Portola Valley Municipal Code Ch. 8.10 Litter

The provisions of Chapter 8.10 shall be known as the "litter ordinance of the town of Portola Valley."

(Ord. 2000-328 § 2 (part), 2000)

The purpose of this chapter is to set forth a comprehensive litter abatement program for the Town of Portola Valley.

(Ord. 2000-328 § 2 (part), 2000)

The following definitions shall apply to this chapter:

A. "Hazardous material" means any material or combination of materials which because of its quantity, concentration, or physical, chemical or infectious characteristics may either (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. "Hazardous material" includes, but is not limited to, hazardous waste as defined under California or United States law or any regulations promulgated pursuant to such law, as such law or regulation may from time to time be amended.

B. "Litter" means lighted and nonlighted cigarettes, cigars, matches or flaming or glowing substances, bottles, cans, plastic, glass, nails, paper, wire, metal, petroleum substance, paint, dirt, rocks, rubbish, debris, waste articles, or any other similar waste thing or substance whatsoever, including hazardous material, whether liquid or solid, or any substance likely to damage or injure traffic using the roads.

C. "Person" means any individual, legal entity, organization or group.

D. "Public property" means any public road, street, parking lot, trail, playing field, open space and/or right-of-way.

(Ord. 2000-328 § 2 (part), 2000)

A. It is unlawful for any person to burn, throw, deposit, dump or cause to be burned, throw, deposit, dump or cause to be burned, thrown, deposited or dumped any litter or allow any collection of litter to remain in or on any public property, except in a receptacle for the disposal of garbage, solid waste or recyclable materials.

B. It is unlawful for any person to burn, throw, deposit, dump or cause to be burned, thrown, deposited or dumped any litter or allow any collection of litter to remain in or on any public property related to the use of public property pursuant to an encroachment permit.

C. Any person who burns, throws, deposits or dumps any litter shall remove it immediately. In the event the litter is hazardous material, the person shall immediately notify the town, even if such hazardous material is immediately removed.

D. If a person fails to comply with this section, the town may remove the litter, collect the cost of such removal from the offending party and fine the offending party pursuant to Section 8.10.080.

(Ord. 2000-328 § 2 (part), 2000)

In order to ensure that persons are aware of the provisions of this chapter, the following forms of notice shall be given:

A. The town shall distribute a copy of this chapter to any and all persons requesting building applications or permits and/or making an application to use town fields or facilities.

B. Once every year the town shall mail a copy of this chapter to any and all commercial establishments located in the town.

C. The town council shall have the power, through resolution, to post signs on or near any playing field, open space area and/or town entrances on Alpine Road, Portola Road and Arastradero Road.

D. Failure of the town to take any actions in this section shall not excuse persons from complying with this chapter.

(Ord. 2000-328 § 2 (part), 2000)

A. Persons operating a commercial or private vehicle carrying loads shall secure the loads adequately to prevent debris and litter from falling out of the vehicle.

B. Household garbage shall be adequately secured in containers to prevent the possibility of litter escaping at the curbside or when the container is emptied.

C. Garbage, trash and litter from a construction or demolition site shall be stored in a secure container.

D. Commercial establishments in the business of selling take-out food shall provide an adequate number of secured containers which shall be emptied on a timely basis, such that the garbage containers do not overflow.

(Ord. 200-328 § 2 (part), 2000)

A. No person shall erect a sign on public property if any of the following conditions apply:

1. The sign is within five feet of the paved or otherwise improved portion of any public street, pathway or any other public way.

2. The sign is on any other public property in any zone, including, but not limited to, any public parking lot, fence, post, tree, utility line or any other place.

3. The sign is on any fire hydrant.

4. The sign is on any town sign, including but not limited to, traffic signs.

5. The sign is on any utility pole.

6. The sign is on any town building or structure.

B. If a person fails to comply with this section, the town may remove the sign, collect the cost of such removal from the offending party and fine the offending party pursuant to Section 8.10.080.

(Ord. 2000-328 § 2 (part), 2000)

A. Failure to comply with the provisions of this chapter shall make such person subject to Chapter 1.12 (Code Compliance—Judicial and Administrative Remedies).

B. Any person who violates any provision of this chapter or fails to comply with the requirements of this chapter shall be guilty of an infraction and shall be subject to the maximum penalties as allowed by state law as follows:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of this chapter or other provision of the municipal code; and

3. A fine not exceeding five hundred dollars for a third violation of this chapter or other provision of the municipal code;

4. Any person violating this chapter or other provision of the municipal code for the fourth time within one year shall be guilty of a misdemeanor.

C. Any person who is convicted of littering from a vehicle and/or onto any highway or right of way under California Vehicle Code Sections 23111, 23112 and/or 23113(a), shall, in addition to being ordered to pick up litter or clean graffiti for eight, sixteen or twenty-four hours for the first, second or third conviction, respectively, also be punished by the following fines:

1. Two hundred dollars upon the first conviction; and

2. Five hundred dollars upon the second conviction; and

3. One thousand dollars upon the third or subsequent conviction.

D. The remedies set forth in subsections A, B and C of this section are not mutually exclusive, but are cumulative.

(Ord. 2000-328 § 2 (part), 2000)