ORDINANCE NO. ________________
AN ORDINANCE ADDING CHAPTER 8.104 TO THE STOCKTON MUNICIPAL CODE REGARDING ILLEGAL DUMPING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
It is the City’s purpose in adopting this Chapter to protect public and private property from illegal dumping and to hold any person that takes actions that substantially contribute to illegal dumping accountable. It is also the intent of this Chapter to deter illegal dumping and to mitigate the harms that the City has found are caused by illegal dumping.
The City finds and declares as follows:
A. The City has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses.
B. Illegal dumping causes the following harms: (1) Threats to the public health and safety; (2) Deterioration of property values; (3) Negative impacts to the business climate in the City; (4) A perception that the laws protecting public and private property can be disregarded with impunity; (5) Threats to the City’s natural environment, including sensitive and important riparian habitats and waterways; (6) Threats to the City’s water quality; (7) Diminishment of quality of life for persons near affected properties and the entire community; and (8) A high cost to the public for removal of the of illegally dumped items, especially large items such as mattresses, large furniture, electronic items, large appliances, recreational vehicles, boats, and biological and hazardous wastes.
C. Remedies and penalties for illegal dumping currently in State and local laws are inadequate to protect the public and the environment, to compensate the public and victims of such acts, and to deter illegal dumping.
SECTION II. AMENDMENT OF CODE.
Title 8, Chapter 8.104, titled “ILLEGAL DUMPING”, is added to the Stockton Municipal Code and shall read as follows:
8.104.010 Relationship to Other Laws.
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. //
8.104.020 Definitions.
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.”
8.104.030 Illegal Dumping Prohibited.
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.
8.104.040 Liability of Owner or Operator of Vehicle or Trailer Used in Illegal Dumping.
To the extent permitted by law, a vehicle owner and trailer owner is liable and responsible for illegal dumping when the owner's vehicle or trailer is used for illegal dumping with the express or implied permission of the owner, irrespective of whether the owner knew or should have known of the intended use of the vehicle or trailer.
8.104.050 Violations of this Chapter.
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 (1) or more remedies does not bar the City from the pursuit of any other remedy to enforce this Chapter.
8.104.060 Fine/Penalty for Violation
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 (1) 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 (1) 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.
8.104.070 Enforcement.
This Chapter may be enforced pursuant to Title 1, Chapter 1.20, or other chapters within Title 1 at the City’s discretion.
8.104.080 Illegal Dumping Reward Fund.
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.
8.104.090 Cost Recovery.
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. //
//
//
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION IV. EFFECTIVE DATE.
This ordinance shall be in full force and take effect 30 days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
KEVIN J. LINCOLN
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk City of Stockton
5 ATTACHMENT A