CITY OF STOCKTON
ILLEGAL DUMPING ORDINANCE
City Council Meeting
September 10, 2024
Agenda Item 16.1
Background
• The PD has been working with other city departments to develop an Illegal Dumping Ordinance.
• The proposed ordinance, CHAPTER 8.104 TO THE STOCKTON MUNICIPAL CODE REGARDING ILLEGAL DUMPING, was developed with the City Attorney's Office and was pulled from other existing ordinances used by other government entities.
• The draft ordinance was approved by the Legislative Committee on May 15, 2024, and recommended to move to City Council for
review/approval.
Ordinance Summary
• It is the City’s purpose in adopting this Chapter to protect public and private property from illegal dumping and to hold any person who 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. • Most of the illegal dumping is transported to the dump site, either by vehicle or vehicle pulling a trailer . This ordinance is more specific to vehicles/trailers and the registered owners of those vehicles. If a person was arrested for illegal dumping, they would then be prosecuted as any other crime(Penal Code 374.4 / 374.3). These are very challenging cases to make an arrest on because the officers usually would need to witness the criminal act or respond during the commission of the crime.
• To assist with citing violators, this ordinance uses the assistance of citizens reporting license plates of vehicles/trailers. Hopefully with photos or video.
Ordinance Summary
Ordinance Summary
• Funds have been allocated by the City of Stockton for a rewards program in hopes of holding violators accountable. There will be a media campaign to advertise the program and how to report through our existing Crime Stoppers Program/Partnership. • Any crime information will be sent to our Special Operation Division for follow‐up and if there is probable cause to issue a Stockton Municipal Code citation to the registered owner of the vehicle/trailer . The waste matter would then be disposed of by Public Works.
Liability of Owner or Operator of Vehicle or Trailer Used in Illegal Dumping • To the extent permitted by law, a vehicle/trailer owner is liable and responsible for illegal dumping when the owner's vehicle/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/trailer .
Ordinance Summary
• Penalties / Violation
First ‐ $1,000
Second ‐ $2,000
Third ‐ $3,000
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.
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.
Ordinance Summary
Ordinance Summary
Summary:
• Obtain Final City Council Approval
• Enact Ordinance
• Media campaign through Public Information Office (Social Media, Billboards, Public Events)
• Evaluating the placement of cameras at crucial areas to deter and assist with prosecution
• Yearly evaluation of progress and make changes as necessary QUESTIONS?