Tuolumne County Municipal Code Ch. 7.30 Illegal Dumping

Sections:

• 7.30.010
• Definitions.
• 7.30.020
• Illegal and unauthorized dumping.
• 7.30.030
• Violation enforcement.
• 7.30.040
• Nonexclusive remedy.

The following words and terms when used in this Chapter shall be construed as defined in this section, except as otherwise provided:
A. "Enforcement Officer" means the Code Compliance Officer as defined in Chapter 1.10.020, the Health Officer, or, in the case of illegal dumping within a County-maintained right-of-way, the Public Works Director, or their designee(s).

B. "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.

C. "Premises" includes the property, easements abutting sidewalks, alleyways and the untraveled portion of an abutting public street.

D. "Permitted solid waste hauler" means any person who engages in the business of collecting and removing garbage and refuse and who has been issued a solid waste hauler permit by the Solid Waste Division, pursuant to the provisions of Title 7 of this code.

E. "Solid Waste System" means the approved waste facilities, hauling companies, agencies, and regulations which govern solid waste standards and handling. (Ord. 3432 § 3,(part), 2023;Ord. 3173 § 1, 2011; Ord. 3003 § 1, 2008).

A. Solid waste shall be managed to protect public health and the environment and in accordance with Titles 7 and 8 of this code. It is unlawful to dispose of solid waste outside the Solid Waste System and any such action shall be considered "illegal dumping." Any person who:

1. Fails to arrange for the lawful disposal of solid waste generated on premises which that person owns, occupies or is the person responsible for day-to-day operations thereof, for example, an owner of Residential Rental Property, as defined in Section 8.05.020, who fails to comply with Section 8.05.030 of this code, by failing to maintain a continuous subscription for regular solid waste removal by a permitted solid waste hauler when said premises are occupied;

2. Causes, maintains or permits solid waste to be deposited within the County in any manner that violates the provisions of this Chapter;

3. Causes or permits 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 waste container, without the permission of the owner thereof, or into any stream or dry watercourse, within the County of Tuolumne, State of California, and outside of any incorporated city; or

4. Causes, maintains or permits the accumulation of solid waste which creates an unsanitary condition or permits or encourages the accumulation or breeding of vectors as determined by the Health Officer, or causes, maintains or permits solid waste to be placed in a waste container other than provided in this code;
   is guilty of a misdemeanor and may be punished as provided in Chapter 1.08 of this code. Such person is also subject to the administrative/abatement procedures set forth in Chapter 1.10 of this code, as well as any other remedy provided by law.

5. Illegal dumping determined to be the result of a commercial business or where payment has been made to an individual in connection with the illegal dumping will cause the fine amounts in Chapter 1.10.070 of this Code to be doubled.

B. Any condition which is a direct result of any of the acts/omissions set forth in Subsection A of this Section is hereby deemed to be a public nuisance subject to the administrative/abatement procedures set forth in Chapter 1.10 of this code, as well as any other remedy provided by law. (Ord. 3432 § 3,(part), 2023; Ord. 3003 § 1, 2008).

A. A violation of this Chapter shall be enforced as provided for in Chapter 1.10 of the Tuolumne County Ordinance Code. B. For purposes of conducting any administrative hearing under Chapter 1.10 of this code, the presence of at least two (2) pieces of addressed mail or other identifying information in the dumped material or video documentation shall be deemed to create a rebuttable presumption that

the person so identified is responsible for the dumped material and is subject to the penalties and remedies provided for in this Chapter.

C. The scope of liability in this Chapter is joint and several for any person who has caused, created or contributed to a violation and/or a nuisance as defined in this Chapter. Any person seeking to apportion the harm must demonstrate by clear and convincing evidence that the component of harm which is sought to be apportioned is susceptible to apportionment, that there is a reasonable and practicable basis for apportioning the harm, and that the separate abatement activity proposed for that harm is a practicable, safe, efficient, reliable and cost-effective in providing the degree of protection of the public health, welfare and the environment as the abatement activity or activities, if any, proposed by the Enforcement Officer.

D. In a criminal proceeding alleging a violation of Section 7.30.020, 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 Section 7.30.020. The mental state required for conviction of a violation of Section 7.30.020 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 Section 7.30.020 and under appropriate circumstances, the court shall order the defendant to pay restitution to any public entity and/or private party which and/or who has incurred out-of-pocket expenses as a result of cleaning up an illegal dump site, as a rehabilitative measure, in addition to any penalty imposed. (Ord. 3432 § 3,(part), 2023; Ord. 3003 § 1, 2008).

This Chapter does not exclusively regulate, enforce and/or penalize refuse disposal, illegal 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 County, the State and/or any other legal entity or agency having jurisdiction. (Ord. 3003 § 1, 2008).

Chapter 8.05

Refuse, Rubbish, and Recyclables Storage and Handling

Sections:

• 8.05.010

• Purpose.

• 8.05.012

• Designation of Local Enforcement Agency.

• 8.05.015

• Liability of County.

• 8.05.020

• Violation; enforcement.

• 8.05.025

• Definitions.

• 8.05.030

• Responsibility of property owner or tenant for removal and storage.

• 8.05.035

• Removal requirements.

• 8.05.040

• Burning of refuse.

• 8.05.045

• Standard containers - required and use.

• 8.05.050

• Commercial refuse compactors.

• 8.05.055

• Refuse and recyclables storage - development projects.

• 8.05.060

• Refuse collection equipment standards.

• 8.05.065

• Non-permitted uses.

• 8.05.070

• Refuse and rubbish cleanup.

• 8.05.075

• Enforcement - general.