Ventura Municipal Code Ch. 8.250 Litter 7

7 Cross reference(s): Collection of solid waste, Chapter 6.500.

“Littering” means the willful or negligent throwing, dropping, placing, depositing, blowing, washing or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes.

“Waste matter” means discarded, used, or leftover substance including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard. (Code 1971, § 4360)

A. It is unlawful to throw, dump or cause to be dumped any solid waste or 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 admitted by easement or license, or upon any private property without the consent of the owner, or in a container, as described in this chapter, of another person without their permission, or in or upon any public park or other public property other than property designated or set aside for that purpose by the department or division of the city having charge of that property.

B. It is unlawful to throw, place, deposit, or dump, or cause to be placed, deposited, or 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, or any container described in this chapter, without the 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. (Code 1971, § 4361)

It is unlawful to litter or cause to be littered in or upon any public or private property, or in any container, as described in this chapter, of another person without their permission. (Code 1971, § 4362)

It is unlawful for any person to deposit solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. (Code 1971, § 4363)

A. Procedures. The accumulation of litter on private property is declared to be a public nuisance. If the owner or person in control of any private property in the city fails to remove all litter which is located on the property after due warning or citation, the city shall issue a notice to remove the litter. The notice shall contain a description of the property and state that, if the litter condition is not corrected within 10 days, the property will be cleaned by the city and the owner will be billed for the cleanup cost. Any city employee or contracting agent is expressly authorized to enter upon private property to remove accumulated litter. It is unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for such purpose and to remove litter in accordance with the provisions of this chapter. Any person owning, occupying, renting, managing, leasing or controlling real property in the city shall have the right to remove litter or have the same removed at their own expense any time prior to the arrival of the city for such purpose.

B. Assessment of Costs.

1. The director of public works shall keep an account of the cost to the city to remove the litter as provided for each separate lot or parcel of land, and shall place such account in a report and assessment list to be sent to the city council. The report shall identify each separate lot or parcel of land, and shall state the cost proposed to be assessed against it. The report shall be filed with the city clerk. The city clerk shall mail a notice to each name on the assessment list. The notice shall contain the following:

a. The cost of the litter removal;

b. The place and time of the city council hearing to consider and confirm the assessment report and list;

c. That failure to make any objection to the report and list shall be deemed a waiver of any objection; and

d. That, upon confirmation by the city council, the amount of the assessment shall be payable.

2. The assessments shall be confirmed by resolution of the city council, and the amount shall constitute a lien on the property assessed until paid. (Code 1971, § 4364)

It shall be the duty of the owners, agent or contractor in charge of any construction or demolition site to have on the site adequate containers for the disposal of litter, and to make appropriate arrangements for the collection or transport to an authorized facility for final disposition. (Code 1971, § 4365)

Cross reference(s): Building and construction regulations, Title 12.

It is unlawful for any person to transport any loose cargo by truck or other motor vehicle within the city unless the cargo is covered and secured in such manner as to prevent depositing of litter on public and private property. (Code 1971, § 4366)

Cross reference(s): Vehicle and traffic regulations, Title 16.

This chapter may be enforced by the police department, the fire department, and the public works department or any other person, as authorized by the city manager. (Code 1971, § 4367)