This chapter shall be interpreted to be compatible and consistent with City 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. 2024-09-10-1601, 9/10/2024)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"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 City is not charged), costs of investigating the dumping and enforcement of this chapter, including, but not limited to the time and expenses of City employees incurred by the City in identifying the dumping violator(s), court costs, and attorneys' fees.
"Dumping violator"
means any person who negligently, willfully, or intentionally causes or permits waste matter to be illegally dumped, including, but not limited to, any vehicle owner whose vehicle is used to illegally dump.
"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 that term is defined in Penal Code Section 374.4.
"Person"
includes a natural person, firm, partnership, association, limited liability company, or corporation.
"Trailer"
means a "trailer" as defined in California Vehicle Code Section 630.
"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.
"Vehicle"
means a vehicle as defined in California Vehicle Code Section 670, and a motor vehicle as defined in California Vehicle Code Section 415.
"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.
"Waste matter"
shall include any and all of the following terms as they are defined at Section 8.100.020 of this code: "debris," "garbage," "hazardous waste," "infectious waste," and "solid waste."
(Ord. 2024-09-10-1601, 9/10/2024)
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 law.
(Ord. 2024-09-10-1601, 9/10/2024)
A. 
Illegal dumping in violation of this chapter is determined to be an infraction, in addition to being subject to any administrative or civil penalties.
B. 
A violation of this chapter may be prosecuted by City authorities in the name of the people of the State of California, through civil action, and through administrative proceedings.
C. 
Any person violating this chapter shall be guilty of an infraction.
D. 
Violations of this chapter are hereby declared to be a public nuisance.
E. 
All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this chapter.
(Ord. 2024-09-10-1601, 9/10/2024)
A. 
A violation of this chapter is punishable by the following:
1. 
A fine/penalty of $1,000.00 for a first violation;
2. 
A fine/penalty of $2,000.00 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 subsection B of this section within one year of action constituting the first violation;
3. 
A fine/penalty of $3,000.00 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 Subsection B of this section within one 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 374.3, 374.4, 374.7, and 374.8;
2. 
Health and Safety Code Sections 117555, 25189.5;
3. 
Vehicle Code Section 23112.7;
4. 
Fish and Game Code Section 5652;
5. 
San Joaquin County Code of Ordinances, Title 5, Division 11, Chapter 1.
C. 
In the event any statute referred to in this chapter is amended or succeeded by another enactment, it shall be deemed such amendments shall be automatically deemed adopted as part of this chapter as if fully set forth herein.
(Ord. 2024-09-10-1601, 9/10/2024)
This chapter may be enforced pursuant to Title 1, Chapter 1.20, or other chapters within Title 1 at the City's discretion.
(Ord. 2024-09-10-1601, 9/10/2024)
The City Manager may establish a special fund to pay rewards in the amount of no more than $250.00 to individuals providing information leading to identification of, and successful criminal or civil action against, any person violating this chapter. The City Manager may create rules concerning administration of the fund and eligibility for rewards.
(Ord. 2024-09-10-1601, 9/10/2024)
The City 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 City waives reimbursement in whole or in part.
A. 
The hourly rate used to compute time spent to investigate, document, abate a violation, and recover costs shall be the actual costs.
B. 
The City is entitled to recover all City 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 City 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 City.
(Ord. 2024-09-10-1601, 9/10/2024)