Rialto Municipal Code Ch. 8.30 Unlawful Dumping on Public and Private Roads or Property

Due to the climatic condition of high winds, increasing population, and the increasing problem of dumped waste matter on public and private roads, including the right-of-way thereof, property owned and operated by public or private interests not designated or set aside for that purpose by a governmental entity with jurisdiction therefor, and private property without the consent of the owner, and upon any park or other public property, the council finds and declares that such dumping constitutes a public nuisance which is hazardous to fire, safety, health and the general welfare, and that such dumping is therefor unlawful.

(Ord. 1209 (part), 1994)

A. It is unlawful to dump or cause to be dumped any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admired by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property.

B. It is unlawful to place, deposit or dump, or cause to be dumped, any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property without consent of the owner, or in or upon any public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road or property.

C. Any person, firm or corporation violating this section is guilty of an infraction. Each day that waste placed, deposited or dumped in violation of this section remains a separate violation.

D. This chapter does not restrict a private property owner in the use of his or her own property, unless placing, depositing or dumping waste matter on the property creates a public health and safety hazard, a public nuisance or a fire hazard, as determined by local health department, fire department, code enforcement department, or State Department of Forestry and Fire Protection, in which case this chapter applies.

E. Any person violating any of the provisions of this chapter is guilty of an infraction, and upon conviction thereof shall be liable to punishment by a fine of not less than one hundred dollars nor more than one thousand dollars upon the first conviction, not less than five hundred dollars nor more than one thousand dollars upon the second conviction, and not less than seven hundred fifty dollars nor more than one thousand dollars upon the third or subsequent conviction. If the court finds that waste matter placed, deposited or dumped was used tires, the fine prescribed in this subdivision shall be doubled; however, no such fine shall exceed the sum of one thousand dollars per violation.

F. The court may require, in addition to any fine imposed upon conviction, that as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped on public or private property.

G. Except when the court requires the convicted person to remove the waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to any other condition of probation, require that any person convicted of a violation of this chapter pick up waste matter at a time and place within the jurisdiction of the city for not less than eight hours.

(Ord. 1209 (part), 1994)

This chapter is not the exclusive regulation of dumping within the city. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 1209 (part), 1994)

Except as otherwise provided for herein, the provisions of this chapter shall be administered and enforced by the city administrator who may from time to time delegate all or any portion of the duties hereunder to his/her duly authorized agents.

(Ord. 1209 (part), 1994)