10C
Date: April 22, 2025
To: Honorable Mayor and Members of the City Council
From: Craig Bilezerian, Public Works Director
By: Chris Kuebert, Sanitation Services Manager | [email protected] Subject: Public Works – Adopt ORDINANCE Amending the Torrance Municipal Code (TMC) to Repeal Section 8 of Article 1 of Chapter 3 of Division 4. Expenditure: None.
RECOMMENDATION
Recommendation of the Public Works Director that City Council:
1) Adopt an ORDINANCE amending the Torrance Municipal Code (TMC) to repeal Section 8 of Article 1 of Chapter 3 of Division 4 in its entirety; and 2) Approve an Ordinance Summary for publication.
FUNDING
None required.
DISCUSSION
Illegal dumping is the willful disposal of solid waste, including large items, at a site other than i) the City’s curbside collection program; ii) a hauler collection program, or iii) a permitted disposal facility such as a transfer station, landfill, or hazardous waste disposal facility. The act of unlawfully disposing of waste has a negative impact on the quality of life for residents and businesses; causes blight; and also attracts additional illegal dumping. Furthermore, illegal dumping creates public health issues with vermin and the spread of infectious diseases; contaminates the environment and water resources; poses fire hazards; and places a burden on City resources for clean-up, of which there usually is no cost recovery.
California Penal Code Section 374.3 (a) states: “It is unlawful “to dump or cause to be dumped waste matter in or upon a public or private highway or road, including any portion of the right-of- way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property.” Penal Code Section 374.3 also allows for stringent penalties against persons caught illegally dumping. A person convicted of a violation of Penal Code section 374.3 may be charged with an infraction and penalized with a minimum mandatory fine of $250 and a maximum fine of $1,000 for a first offense. A second offense is punishable with a minimum fine of $500 and a maximum fine of $1,500. A third or subsequent fine is punishable with a minimum fine of $750 and a 1 City Council
April 22, 2025
maximum fine of $3,000. These fines are doubled if the illegally dumped material includes used tires. Additionally, the Court may require a person convicted under Penal Code section 374.3 to remove, or pay the cost of removing, any waste that they dumped or caused to be dumped.
In addition, if the person is charged with illegally dumping commercial quantities of waste, which is defined as an amount of waste matter generated in the course of trade, business, profession, or occupation, or an amount equal to or over one cubic yard, then that person will be charged with a misdemeanor, punishable by imprisonment in a County jail for up to six months and fined at a higher amount. The mandatory fine ranges from a minimum of $1,000 and a maximum of $3,000 for a first conviction. The second conviction is charged at a minimum of $3,000 and a maximum of $6,000. A third and subsequent conviction is charged at a minimum of $6,000 and a maximum of $10,000.
If the person charged with illegally dumping commercial quantities of waste is also a business owner or operator, with more than 10 full-time employees, the penalties double again. The minimum fine for a first conviction is set at $1,000, with a maximum of $5,000. For a second conviction, the minimum fine is $3,000, and the maximum fine of $10,000. For a third and subsequent conviction, the maximum fine is $6,000, and a maximum fine of $20,000.
It is the recommendation of the Public Works Director that City Council approve an amendment to the Torrance Municipal to repeal Section 8 of Article 1 of Chapter 3 of Division 4. As discussed above, the California Penal Code addresses illegal dumping, therefore, a separate Torrance Municipal Code prohibiting the same conduct is not permissible. Further, the Penal Code allows for more robust penalties than can be enacted at the local level. Repealing Torrance Municipal Code section 43.1.8 will eliminate confusion and ensure the Penal Code is utilized to enforce illegal dumping violations. The City’s bail schedule will be amended in a future Council item.
ATTACHMENTS
1. Illegal Dumping Ordinance
2. Ordinance Summary
2 1
ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE REPEALING SECTION 8 OF ARTICLE 1 OF
CHAPTER 3 OF DIVISION 4 OF THE MUNICIPAL CODE IN
ITS ENTIRETY
The City Council of the City of Torrance does ordain as follows:
SECTION 1
That Section 8 of Article 1 of Chapter 3 of Division 4 is hereby repealed in its entirety.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Torrance INTRODUCED, APPROVED, and ADOPTED this ____ day of ______ 2025.
Mayor George K. Chen
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney
Tatia Y. Strader, Assistant City Attorney
ATTEST:
Rebecca Poirier, MMC, City Clerk
3 ORDINANCE NO. ___
SUMMARY
On ___________, 2025, the City Council of the City of Torrance adopted Ordinance No. _________, relating to the repeal of section 43.1.8 of the Torrance Municipal Code in its entirety regarding Dumping of Refuse as State Penal Code 374.3 provides more stringent penalties related to illegal dumping. 4