Chapter 1 — ILLEGAL DUMPING

5-10500 - PURPOSE AND INTENT.

(a)

It is the County's purpose in adopting this Chapter to protect public and private property from illegal dumping and to hold any person that takes actions that substantially contribute to illegal dumping accountable.

(b)

The intent of this Chapter is to deter illegal dumping and to mitigate the harms that the County has found are caused by illegal dumping.

(Ord. No. 4604, 9-13-2022)

5-10501 - FINDINGS.

The County finds and declares as follows:

(a)

The County has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses.

(b)

Illegal dumping causes the following harms:

(1)

Threats to the public health and safety;

(2)

Deterioration of property values;

(3)

Negative impacts to the business climate in the County;

(4)

A perception that the laws protecting public and private property can be disregarded with impunity;

(5)

Threats to the County's natural environment, including sensitive and important riparian habitats and waterways;

(6)

Threats to the County's water quality;

(7)

Diminishment of quality of life for persons near affected properties and the entire community; and

(8)

A high cost to the public for removal of the of illegally dumped items, especially large items such as mattresses, large furniture, electronic items, large appliances, recreational vehicles, boats, and biological and hazardous wastes.

(c)

Remedies and penalties for illegal dumping currently in State and local laws are inadequate to protect the public and the environment, to compensate the public and victims of such acts, and to deter illegal dumping.

(d)

In addition to perpetrators of illegal dumping, all persons creating waste matter should be legally responsible to ensure that their waste matter is properly disposed of in the manner provided by law.

(e)

Any person that fails to ensure proper disposal of waste matter they create, including by giving their waste matter to a person who is not authorized or who does not legally dispose of such waste, may be liable for illegal dumping.

(f)

To ensure the equitable application of this Chapter, the perpetrators of illegal dumping may perform community service in lieu of monetary or penalties pursuant to Penal Code 1209.5 when permitted by the court.

(g)

Nothing in this Chapter shall be deemed to conflict with state or federal law.

(Ord. No. 4604, 9-13-2022)

5-10502 - RELATIONSHIP TO OTHER LAWS.

This Chapter shall be interpreted to be compatible and consistent with County and State enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this Chapter will supersede any other provisions of this Code found to be in conflict.

(Ord. No. 4604, 9-13-2022)

5-10503 - DEFINITIONS.

Unless otherwise specified, the following definitions shall be applicable throughout this Chapter and do not amend, replace, or supersede any definition of the same term in any other section of the Code:

(a)

"Costs" means and includes, but is not limited to, costs of removal and disposal of illegally dumped waste matter (including the equivalent cost of disposal if the County is not charged), costs of investigating the dumping and enforcement of this Chapter, including, but not limited to the time and expenses of County employees incurred by the County in identifying the dumping violator(s), court costs, and attorneys' fees.

(b)

"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.

(c)

"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 legally designated for the purpose of disposal of waste matter. "Illegal dumping" does not include litter as defined in Penal Code Section 374.

(d)

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

(e)

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

(f)

"Trailer 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 trailer.

(g)

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

(h)

"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.

(i)

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

(1)

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

(2)

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

(3)

Abandoned or discarded.

(i)

Furniture or a piece, portion, or part of these items.

(ii)

Commercial, industrial, or agricultural machinery, apparatus, structure, or other container, or a piece, portion, or part of these items.

(iii)

Recreational equipment or a piece, portion, or part of these items.

(4)

All forms of electronic waste, including but not limited to 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, or a piece, portion, or part of these items.

(5)

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.

(6)

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.

(7)

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.

(8)

Any hazardous substance as defined in Section 374.8 of the Penal Code, a hazardous waste as defined in Section 25117 of the Health and Safety Code, waste that, pursuant to Division 30 (commencing with Section 40000) of the 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 (1) cubic yard.

(Ord. No. 4604, 9-13-2022)

5-10504 - ILLEGAL DUMPING IS PROHIBITED.

(a)

It is a violation of this Chapter for any person to illegally dump or to cause waste matter to be disposed of in violation of this Chapter, this Code, or State or Federal statute.

(b)

It is unlawful for a person to have another person or to hire another person to dispose of more than one (1) cubic yard of waste matter who is not legally authorized to dispose of waste matter in the County.

(c)

It is unlawful and a violation of this Chapter for any person owning or otherwise in possession or control of any real property within the County to permit or allow waste matter from such property to be illegally dumped.

(Ord. No. 4604, 9-13-2022)

5-10505 - LIABILITY OF OWNER OR OPERATOR OF VEHICLE OR TRAILER USED IN ILLEGAL DUMPING.

To the extent permitted by law, a vehicle owner and trailer owner is liable and responsible for illegal dumping when the owner's vehicle or trailer is used for illegal dumping with the express or implied permission of the owner, irrespective of whether the owner knew or should have known of the intended use of the vehicle or trailer.

(Ord. No. 4604, 9-13-2022)

5-10506 - RESPONSIBILITY OF WASTE MATTER CREATOR OR GENERATOR FOR ILLEGALLY DUMPED WASTE MATTER.

All persons creating or generating waste matter are responsible for ensuring that it is disposed of in the manner provided by law.

(a)

This responsibility includes not giving waste matter to a person for disposal who is not authorized to legally dispose of such waste matter.

(b)

A person whose waste matter is illegally dumped is jointly liable for the illegal dumping along with the dumping violator.

(Ord. No. 4604, 9-13-2022)

5-10507 - VIOLATIONS OF THIS CHAPTER CONSTITUTE AN INFRACTION.

(a)

Illegal dumping in violation of this Chapter is determined to be an infraction, in addition to being subject to any State law Penal Code, Vehicle Code, and administrative or civil penalties.

(b)

A violation of this Chapter may be prosecuted by County authorities in the name of the people of the State of California or through civil action.

(c)

Any person violating this Chapter shall be guilty of an infraction.

(Ord. No. 4604, 9-13-2022)

5-10508 - FINE/PENALTY FOR VIOLATION.

(a)

A violation of this Chapter is punishable by the following:

(1)

A fine/penalty not exceeding one hundred dollars ($100.00) for a first violation;

(2)

A fine/penalty not exceeding two hundred dollars ($200.00) for a second violation of this Chapter or of any statute or city or county code within the state that has the same or more restrictive elements as this Chapter including but not limited to the statutes identified in subsections (b) and (c) within one (1) year of action constituting the first violation;

(3)

A fine/penalty not exceeding five hundred dollars ($500.00) for each additional violation of this Chapter or of any statute or city or county code within the state that has the same or more restrictive elements as this Chapter, including but not limited to the statutes identified in subsections (b) and (c) within one (1) year of action constituting the first violation.

(b)

A finding of a violation of any of the following statutes constitutes an additional violation for purposes of calculating a fine/penalty pursuant to this Section:

(1)

Penal Code sections:

(i)

374.3

(ii)

374.4

(iii)

374.7

(iv)

374.8

(2)

Health and Safety Code sections:

(i)

117555

(ii)

25189.5

(3)

Vehicle Code sections:

(i)

23112.7

(4)

Fish and Game Code sections:

(i)

5652

(Ord. No. 4604, 9-13-2022)

5-10509 - ILLEGAL DUMPING IS A PUBLIC NUISANCE.

The County hereby declares and finds that illegal dumping is a public nuisance subject to abatement, remedies, and penalties according to the provisions and procedures contained in this Chapter and Title 1, Division 2.

(Ord. No. 4604, 9-13-2022)

5-10510 - ENFORCEMENT.

Enforcement of this Chapter will be done pursuant this Chapter or Title 1, Division 2 of this Code.

(Ord. No. 4604, 9-13-2022)

5-10511 - FINE AND COST WAIVER.

(a)

Pursuant to Government Code Section 25132 (d), any person may request a hardship waiver for payment of fines/penalties imposed on a violator for a second violation of this Chapter within one (1) year of the first violation and for each additional violation of this Chapter within one (1) year of the first to reduce the amount of the fines. The request shall be submitted on a fine waiver request form approved by the County.

(b)

To grant the waiver requested in whole or in part, the County must find that the requesting party made a bona fide effort to comply after the first violation, and that payment of the full amount of the fines for the additional violations would impose an undue financial burden on the requesting party.

(Ord. No. 4604, 9-13-2022)

5-10512 - COMMUNITY SERVICE IN LIEU OF FINE.

(a)

A dumping violator may perform community service in lieu of monetary or penalties pursuant to Penal Code 1209.5 when permitted by the court.

(b)

A dumping violator may not perform community service in lieu of payment of County costs.

(Ord. No. 4604, 9-13-2022)

5-10513 - ESTABLISHMENT OF AN ILLEGAL DUMPING REWARD FUND.

(a)

The Board of Supervisors may by resolution establish an illegal dumping reward fund.

(b)

If established, this fund is to provide for rewards for the identification and apprehension of dumping violators.

(c)

The Board of Supervisors may fund the illegal dumping reward fund from general funds and/or funds recovered from fines/penalties, administrative citations, civil penalties, or treble or punitive damages recovered from dumping violators, or other sources.

(Ord. No. 4604, 9-13-2022)

5-10514 - COST RECOVERY.

The County shall be reimbursed for all costs, including time, services, and materials needed to abate a violation of this Chapter and hold the dumping violator(s) accountable unless the County waives reimbursement in whole or in part based on a written request from the dumping violator to the County.

(a)

The hourly rate used to compute time spent to investigate, document, abate a violation, and recovery costs shall be the actual costs.

(b)

The County is entitled to recover all County costs for the voluntary and involuntary abatement of violations.

(1)

Voluntary abatement is the abatement of a violation by the owner after notification of the violation from the County that such violation exists and must be abated.

(2)

Involuntary abatement is that action that is performed by, under the direction of, or at the initial expense of the County.

(Ord. No. 4604, 9-13-2022)

5-10515 - FEES.

The Board of Supervisors shall, by Resolution, adopt a fee schedule for any fees it deems necessary under this Chapter.

(a)

The amount of the fees adopted pursuant to this section shall not exceed the amount reasonably required to inspect, administer, or process the required permits, certificates, licenses, or other forms or documents, or to defray the costs of enforcement required to be carried out by the County.

(Ord. No. 4604, 9-13-2022)

5-10516 - REMEDIES CUMULATIVE.

All remedies provided for in this Chapter are cumulative and not exclusive, and are in addition to any other remedy or penalty provided in this Code and by law. Nothing in this Chapter shall be deemed to authorize or permit any activity that violates any provision of state or federal statute.

(Ord. No. 4604, 9-13-2022)

5-10517 - CEQA.

The adoption of this Chapter is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility of a significant effect from the adoption of this Chapter.

(Ord. No. 4604, 9-13-2022)

5-10518 - AMENDMENTS TO STATE LAWS ADOPTED HEREIN.

In the event that any California statute adopted or referred to in this Chapter is amended or succeeded by another enactment of the California Legislature, it shall be deemed such amendments shall be automatically deemed adopted as part of this Chapter as if fully set forth herein.

(Ord. No. 4604, 9-13-2022)

5-10519 - SEVERABILITY.

If any part or subsection of this Chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this Chapter.

(Ord. No. 4604, 9-13-2022)