City Council
Report
City Council Meeting: August 24, 2021
Agenda Item: 7.C
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To: Mayor and City Council
From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law Wolfgang Knabe, Fire Chief, Fire Department
Subject: Introduction and Adoption of an Emergency Ordinance Prohibiting Dumping of Commercial Trash in City Receptacles; Dumping of Liquid Waste on Public Rights of Way, On or Onto the Pier or Beach, or Into Storm Drains; and Use of Combustible Fuels On or In Close Proximity to the Pier Recommended Action
Staff recommends that the City Council introduce and adopt an emergency ordinance adding sections to the Santa Monica Municipal Code to prohibit dumping of commercial trash in City receptacles; dumping of liquid waste on public rights of way, on or onto the Pier or Beach, or into storm drains; and use of combustible fuels on or in close proximity to the Pier.
Discussion
As the public has returned to public spaces following the easing of restrictions imposed in response to the COVID-19 pandemic, the City of Santa Monica has seen an increase in certain activities posing risks to public safety and the environment occurring in the vicinity of the beach and Santa Monica Pier. Staff proposes the addition of three prohibitions of general applicability to the Santa Monica Municipal Code (“SMMC”) to address the safety and environmental risks.
1. Unregulated Use of Combustible Fuels On and Around the Pier With increased crowds on the Pier, the City has seen increased use of combustible fuels, primarily butane, by vendors illegally selling food on the Pier. While the observed uses of combustible fuels have been by vendors, the unregulated use of combustible fuels on or in close proximity to the Pier by anyone poses risks to the safety of the public on the Pier. The Pier is a wooden structure with limited entrances and exits and equipped only with an under-structure sprinkler system that is not designed to, and will not, quickly extinguish any fire that might occur and potentially spread as the result of 2 of 5
unregulated use of combustible fuels on the Pier’s surface, or in close proximity to the Pier. The California Fire Code (adopted with local amendments by SMMC Chapter 8.40) has a provision barring the operation of “charcoal burners and other open-flame cooking devices” on “combustible balconies or within 10 feet (3048 mm) of combustible construction.” California Fire Code 2019 Section 308.1.4. But this contains an exception “where buildings, balconies and decks are protected by an automatic sprinkler system,” and the definition of “automatic sprinkler system” is worded in such a way that it likely would be interpreted as encompassing the current under-deck sprinkler system, even though that system is not designed to, and will not, quickly extinguish fires that might start and spread on the Pier’s surface decking.
To address the public safety risks, staff proposes the addition of new SMMC Section
3.36.290, which would prohibit any person from using any combustible fuel (including, but not limited to, propane, butane, any other liquid gas, kerosene, steno, charcoal or wood) on the Pier (including the Pier Bridge) or within 25 feet of the Pier, for any purpose involving the fuel’s combustion (including, but not limited to, heating, lighting, or cooking) without first obtaining a permit from the Fire Marshal. The proposed ordinance would permit the Fire Marshal or designee to promulgate implementing regulations as necessary; provide that violations of the ordinance may be handled as infractions, misdemeanors, or through issuance of administrative citations; and establish fine amounts for violations, with the administrative fines being subject to future modification by the City Council by way of resolution. The proposed ordinance would also permit the impounding of combustible fuel used in violation of the section as well as the fuel’s container and authorize the Fire Marshal or designee to promulgate regulations implementing impound and storage procedures.
2. Dumping of Commercial Trash in Public Receptacles
The City maintains public receptacles for the deposit of litter at various locations throughout the City, including on the beach, in beach parking lots, in the vicinity of the Pier, and in City parks. These public receptacles are intended to provide individuals with a location at which they can dispose of small amounts of personal litter that, in the absence of the receptacles, would potentially be discarded on City streets, City parking lots, City parks, or the beach. The receptacles are not intended for, and are not sized 3 of 5
for, the deposits of larger amounts of waste generated by commercial or business activities.
With increased crowds at the beach and on the Pier, the City has seen dramatically increased volumes of waste being deposited into public receptacles on the beach, in beach parking lots, and in the vicinity of the Pier. In particular, City staff has observed and received reports of vendors depositing large volumes of waste generated from their vending activities into these receptacles, causing significant overflow from the receptacles into the areas in which the receptacles are located, as well as adjacent streets and beach areas. The City has attempted to address this through scheduling increased numbers of collections, and the placement of additional larger bins in high volume locations. Both cost money. And, after placing the larger bins, City staff has observed trucks of unknown origin driving to the bins to dump what appears to be significant volumes of waste generated by commercial or business activities, resulting again in significant overflow. This overflow poses risks to public health and safety, and to the environment, from dispersal of waste by winds onto the beach, into the ocean, and into streets and storm drains.
Current SMMC Section 7.48.030 attempts to address the placement of waste in receptacles, stating: “Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried away by the elements.” This does not address the fundamental underlying problem of private businesses improperly using public receptacles to dispose of waste generated by their private business activities, displacing the intended non-business users of the receptacles, and causing increased risks of waste displacement. Accordingly, staff recommends the adoption of new SMMC Section 7.48.035, which would make it unlawful for any “owner, manager, operator, or employee of a business to deposit litter from that business in a public receptacle without first obtaining a permit from the Department of Public Works.” The proposed ordinance would permit the Director of Public Works or designee to promulgate implementing regulations as necessary; provide that violations of the ordinance may be handled as infractions, misdemeanors, or through issuance of administrative citations; and establish fine amounts for violations, 4 of 5
with the administrative fines being subject to future modification by the City Council by way of resolution.
3. Dumping of Liquid Waste in Public Areas and Storm Drains In addition to the dumping of business waste into public receptacles, City staff has observed and received reports of individuals discarding liquid waste into street gutters and storm drains, onto parking lots, onto and in the vicinity of sidewalks and bike paths, and through the Pier decking onto the beach and water below. Many of the individuals observed engaging in such dumping are believed to be vendors disposing of used oil and grease and other food waste generated by preparing and cooking food. But not all have been identified as vendors, and such dumping causes public harm whether or not the dumper is a vendor. In particular, such dumping poses environmental risks to the quality of water in Santa Monica Bay, to the health and safety of birds and fish living in or around Santa Monica Bay, and to the health and safety of visitors to the beach and swimmers in the Bay. See, e.g., SMMC Section 7.10.010 (findings relating to pollutants entering Santa Monica Bay through storm drains). In addition, the discarding of grease and oil on or in the vicinity of bike paths poses safety hazards to bicyclists, who may slip and fall after running through it.
SMMC Chapter 7.10 includes a general prohibition on discharges of pollutants into storm drains (SMMC Section 7.10.040(a)) but does so in the context of a complex statute addressing runoff conservation and sustainable water management generally.
As a result, it does not provide a straightforward, simple to understand, and easy to enforce prohibition. Accordingly, staff recommends the adoption of new SMMC Section
7.48.130, which would define “liquid waste” to include fuels, solvents, cooking oil or fat, grease, paint, detergents, fertilizers, pesticides, lubricants, surfactants, waste oils, coolants, grease, liquid containing residue of raw fish, meat, or chicken, or prescription or non-prescription medicines and make it unlawful for any person to “dispose of” any “liquid waste in any storm drain” or “to dispose of any liquid waste in or on any street, sidewalk, bike path, public parking lot, public park, the beach, the Santa Monica Pier, or any public receptacle.” The proposed ordinance would also make it unlawful for any person to dispose of any solid waste in any storm drain. The proposed ordinance would permit the Director of Public Works or designee to promulgate implementing regulations 5 of 5
as necessary; provide that violations of the ordinance may be handled as infractions, misdemeanors, or through issuance of administrative citations; and establish fine amounts for violations, with the administrative fines being subject to future modification by the City Council by way of resolution.
Fiscal Impacts
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: George Cardona, Interim City Attorney
Approved Forwarded to Council
Attachments:
A. Proposed Ordinance
B. Written Comments