The ordinance codified in this chapter shall be known and may
be cited as the “South San Francisco illegal disposal of discarded
items and waste matter and illegal littering ordinance.”
(Ord. 1579 § 3, 2019)
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
inconsistent with the context, words used in the present tense include
the future, words used in the plural number include the singular number,
and words used in the singular number include the plural number. The
word “shall” is always mandatory and not merely directory.
“Aircraft”
means any contrivance now known or hereafter invented, used
or designed for navigation or for flight in the air. “Aircraft”
includes helicopters, drones and lighter-than-air dirigibles and balloons.
“Authorized receptacle”
means a solid waste storage and collection receptacle as defined and required by Section
8.16.030 of the South San Francisco Municipal Code.
“City”
means the city of South San Francisco.
“Collector”
means the entity that is the franchisee for solid waste collection
in the city of South San Francisco.
“Costs”
means and includes, but is not limited to, staff costs, court
costs, attorneys’ fees, costs of removal and disposal of illegally
dumped waste matter (including the equivalent cost of disposal if
the city is not charged), costs of investigating the incident, and
law enforcement costs, including, but not limited to, time and expenses
of police, code enforcement, public works, city attorney, and/or other
city departments, incurred by the city in identifying and apprehending
persons who cause or commit illegal dumping in violation of this chapter.
“Discarded items”
refers to any large, unwanted items that are cast aside,
disposed of, thrown out or illegally dumped in a manner that is not
allowed by state or local law. Discarded items include, but are not
limited to, the following items:
(1)
Appliances, which means any large electric or gas appliance
such as a stove, refrigerator, dishwasher, microwave, laundry machine,
barbeque grill, water heater, or furnace.
(2)
Automotive or watercraft parts, which means any components,
constituents, elements, or artifacts that are one of the individual
parts of which an automotive vehicle or watercraft is composed. For
the purposes of this chapter, automotive vehicles are any self-propelled
vehicle that does not operate on rails and is used for transportation
of people or cargo. Automotive vehicles include, but are not limited
to, cars, buses, motorcycles, off-road vehicles, trucks and heavy
equipment. Watercraft are any boat, ship or vessel that travels on
water.
(3)
Household furniture, which includes any sized furniture such
as chairs, desks, dressers, tables, bed frames, benches, buffets,
armoires, and more; and upholstered furniture which includes furniture
covered by soft, padded textile, leather, vinyl or similar covering,
such as armchairs and sofas.
(4)
Mattresses, which mean any sized resilient material or combination
of materials that is used alone or in combination with other products,
and is intended for or promoted for sleeping upon by individuals.
This includes, crib- or infant-, child-, and adult-sized mattresses.
“Handbill”
means any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet, flyer, poster
or any other printed or otherwise reproduced original or copies of
any matter of literature of a commercial or noncommercial nature.
“Illegal dumping”
means the willful, intentional, or negligent depositing, disposal, dropping, dumping, placing, or throwing of any discarded items or waste matter onto public or private property that is not expressly designated for the purpose of disposal of waste matter. The disposal of discarded items and/or waste matter on private or public property without the express permission of the property owner shall also constitute “illegal dumping.” “Illegal dumping” also includes any discarded items or waste matter not disposed of pursuant to South San Francisco Municipal Code Chapters
8.16 and
8.28, or any successive legislation. “Illegal dumping” does not include “litter” as specifically defined in this chapter.
“Litter”
means small quantities of waste matter related to consumer
goods and that are reasonably understood to be ordinarily carried
on or about the body of a living person, including, but not limited
to, beverage containers and closures, packaging, wrappers, wastepaper,
newspaper, handbills, magazines, or other similar waste matter that
escapes or is allowed to escape from a container, receptacle, or package;
or the disposal of said items.
“Newspaper”
means any newspaper of general circulation as defined by
general law, any newspaper duly entered with the Post Office Department
of the United States, in accordance with Federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, means and includes
any periodical or current magazine regularly published with not less
than four issues per year, and sold to the public.
“Park”
means a park, reservation, playground, beach, recreation
center or any other public area in the city, owned or used by the
city and devoted to active or passive recreation.
“Person”
means any person, firm, partnership, association, corporation,
limited liability company, company or organization of any kind.
“Private premises”
means any dwelling, house, building or other structure designated
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and includes any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
“Public place”
means any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
“Real property owner”
means any person with a fee interest in a parcel of real
property and any person who manages real property for commercial or
residential rental.
“Trailer”
means a “trailer” as defined in California Vehicle
Code Section 630.
“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.
“Violation”
means any incident of littering or illegal dumping which
is identified by a report to the city or the discovery by the city
of improperly disposed of waste matter or discarded items.
“Violator”
means any person who negligently, willfully, or intentionally
causes or permits discarded items or waste matter to be illegally
dumped or improperly disposed of, including, but not limited to, any
person who gives or entrusts waste matter to another who illegally
disposes of such waste matter, and any vehicle owner whose vehicle
is used to illegally dispose of discarded items or waste matter, but
who does not properly dispose of such waste matter.
“Waste matter”
means any form of tangible matter that is customarily generated
in the course of a trade, business, profession, or occupation, and
is in an aggregate amount equal to or greater than one cubic yard.
Waste matter includes, but is not limited to, any combination of the
following that is in excess of one cubic yard:
(1)
Construction and demolition debris, which includes any and all
materials resulting from the alteration, construction, destructions,
rehabilitation or repair of any man-made physical structure including
houses, buildings, industrial or commercial facilities, and roadways.
These materials may include structural and functional materials comprising
the structure and surrounding site improvements, such as brick, concrete,
stone, glass, wall coverings, drywall, framing and finishing lumber,
roofing materials, plumbing fixtures, hearing equipment, electrical
wiring and components, insulations, carpeting, asphaltic substances,
metals, railroad ties, or utility poles, among others.
(2)
All forms of garbage, refuse, rubbish, recyclable materials,
debris, trash, and solid waste.
(3)
Dirt, soil, rock, decomposed rock, gravel, sand, or other aggregate
material dumped or deposited as refuse.
(4)
Electronic waste, which means 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 limited to, a “covered electronic device”
as defined in Section 42463 of the California
Public Resources Code.
(5)
Yard waste consisting of vegetative or organic material produced
from the care and maintenance of landscaped areas, gardens and lawns.
Yard waste includes, but is not limited to, leaves, grass clippings,
weeds, dead flowers and plants, brush, tree trunks, pruned branches
and stems, dirt, roots, wood shavings, rocks and trees.
(6)
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 by-products.
(7)
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.
(8)
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 by-product
or result of the manufacturing process of the controlled substance.
Any tangible matter that is customarily generated in the course
of a trade, business, profession, or occupation, and is in an aggregate
amount less than one cubic yard shall be considered litter.
|
(Ord. 1579 § 3, 2019)
Illegal dumping of discarded items and waste matter and littering
constitute public nuisances subject to abatement, remedies, and penalties
according to the provisions and procedures contained in this code
and this chapter. Violations of this chapter are subject to investigation
by designated city officials and violators may be subject to administrative
citations or other fees and fines as described in this chapter.
(Ord. 1579 § 3, 2019)
Permitting illegal dumping and littering to remain on private
property following notice constitutes a violation of this chapter.
Should the city become aware of a violation of the provisions of this
chapter on private property, the city shall serve the property owner
with a written notice stating the nature of the violation and instruction
to remove the illegal dumping or litter. The property owner shall
have seventy-two hours to remedy the violation, upon which, if not
remedied, shall constitute a violation of this chapter.
(Ord. 1579 § 3, 2019)
Pursuant to South San Francisco Municipal Code Section
2.50.020, the city manager shall have the power to designate, by written order, that particular officers or employees shall have the authority to arrest or cite persons in violation of this chapter.
(Ord. 1579 § 3, 2019)
In any administrative, civil, or special proceeding to abate
illegal dumping or disposal, the city may, at the initiation of the
proceeding, seek an award of attorneys’ fees. If the city seeks
an award of attorneys’ fees, the award shall be made to the
prevailing party. Provided, however, that no award may be made to
a prevailing party that exceeds the amount of reasonable attorneys’
fees incurred by the city in the action or proceeding.
(Ord. 1579 § 3, 2019)
Any parent or legal guardian of a minor dumping violator is
personally liable for any and all costs incurred by the city or any
person or business in connection with the illegal dumping caused by
the conduct of said minor, and for all attorneys’ fees, court
costs, and other costs and any administrative or civil penalties incurred
in connection with the civil or administrative prosecution of any
claim for damages to the maximum extent permitted by California Civil
Code Section 1714.1 or other applicable laws.
(Ord. 1579 § 3, 2019)
South San Francisco Municipal Code Section
8.16.120 describes the regulations on collecting and transporting solid waste. Pursuant to that chapter and to the extent permitted by law, an owner or operator of a motor vehicle or trailer is liable and responsible for all costs, penalties and fines relating to illegal dumping or disposal when the owner’s vehicle is used with the express or implied permission of the owner or operator, irrespective of whether the owner or operator knew or should have known of the intended use of the vehicle.
(Ord. 1579 § 3, 2019)
All persons creating or generating discarded items or waste
matter are responsible for seeing that it is disposed of in the manner
provided by law. Persons disposing of discarded items or waste matter
must ensure that it is not illegally dumped. This responsibility includes
not giving discarded items or waste matter to a person for disposal
who is not authorized to legally dispose of discarded items or waste
matter. A person whose discarded items or waste matter are illegally
disposed of is jointly responsible for the illegal disposal along
with the party who actually illegally disposed.
(Ord. 1579 § 3, 2019)
A real property owner who rents commercial or residential property
is responsible for the property of a tenant that was removed from
the tenant’s unit and illegally disposed of after the tenant
vacates, whether voluntarily or involuntarily pursuant to this section.
If the tenant’s property is removed from the tenant’s
unit by the real property owner or an eviction or other process, the
real property owner must see that the property is either retained
for the tenant or properly disposed of in accordance with the law.
To this end, the real property owner must cooperate with the tenant
in working with the collector to dispose of the tenant’s property,
which can be done at the tenant’s expense for any of the collector’s
fees or costs. If the tenant’s property is illegally disposed
of by the tenant on public or private property in front of the tenant’s
former unit or the adjacent properties, the real property owner is
responsible for having the tenant’s property properly disposed
of. If the tenant’s property is illegally disposed of at a different
location, the real property owner must provide the tenant’s
forwarding information if it is within the real property owner’s
knowledge.
(Ord. 1579 § 3, 2019)