Chapter 8.48
REGULATION OF ILLEGAL DUMPING
Sections:
8.48.010 Purpose and intent.
The purpose and intent of this Chapter is to protect public and private property from illegal dumping by streamlining and enhancing the tools and remedies available to address and discourage such acts. This Chapter is adopted pursuant to the City’s police powers and California Government Code Sections 38771 through 38773.7, including any successor statutes, for the purpose of defining nuisances and establishing nuisance abatement procedures.
The City Council has determined that the quality of life in the City of Palmdale is impaired by illegal dumping that occurs within its borders on all forms of property. There are designated places for dumping of waste matter, but often, such designated places are not utilized and instead, other parcels of property that when so used, create a host of dangers and other nuisances to the community. These issues range from blight, sanitation hazards, fire hazards, and more.
It is the City Council’s intent through this Chapter to deter illegal dumping and provide a means of abatement of illegal dumping when necessary by City action and related recovery of costs so taxpayers are not burdened by the abatement costs that are the responsibility of others. (Ord. 1614 § 4 (Exh. I), 2023)
8.48.020 Definitions.
As used in this Chapter, the terms listed below shall have the following meaning assigned to them:
“Illegal dumping” means the willful, intentional, or negligent act of throwing, dropping, placing or depositing a bulky item or any waste matter onto public or private real property that does not have governmental approval for said use.
“Littering” means the willful, intentional, or negligent act of throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes.
“Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
“Waste items” means any discarded, used, broken, abandoned, wrecked, or other waste item that is likely to create a hazard to public health, safety, or welfare, including but not limited to broken or discarded furniture, appliances, all forms of electronic waste, boxes and containers, play equipment, toys and similar household articles; abandoned, inoperative, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats or other recreational vehicles; discarded, wrecked or inoperable machinery, auto parts and tools; salvage materials, scrap metal or other building and construction materials including, but not limited to, liquid waste, dirt, sand, gravel, lumber, concrete, tile, rocks, bricks and other similar materials; and equipment or machinery of any sort.
“Waste matter” means discarded, used, or leftover substance including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging, liquid waste or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard.
The definitions set forth in PMC Chapter 1.20 are also applicable to this Chapter. (Ord. 1614 § 4 (Exh. I), 2023)
8.48.030 Application.
(A) Illegal Dumping on Public Lands.
(1) No person shall cause, permit, or allow the disposal of or dump of any waste matter or waste items of any kind or composition upon any public property, street or alley of the City including trash dumpsters, cans and receptacles, except where public property is provided and set apart by the City for such specific use.
(2) No person shall request, hire, or cause another person to dispose of or dump any waste matter or waste items of any kind or composition upon any public property, street or alley of the City including trash dumpsters, cans and receptacles, except where public property is provided and set apart by the City for such specific use.
(B) Illegal Dumping on Private Lands.
(1) No person shall cause, permit, or allow the disposal of or dump of any waste matter or waste items in or upon any private property including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or by license, or upon any private property without the consent of the property owner.
(2) No person shall request, hire, or cause another person to dispose of or dump any waste matter or waste items in or upon any private property including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or by license, or upon any private property without the consent of the property owner.
(C) Lawful Stockpiling or Storage.
(1) This Chapter does not restrict a property owner in the use of his or her own private property for the legal storage or stockpiling of materials (in conformance with any applicable State, County or City permit or code), unless the placing, depositing or dumping of the materials on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by the Enforcement Officer.
(2) This Chapter does not restrict a person from requesting, hiring, or causing another person to lawfully dispose of or dump any waste matter or waste item, unless the placing, depositing or dumping of the materials on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by the Enforcement Officer.
(D) Duty for Proper Disposal.
(1) All persons creating or generating waste matter/items are responsible for ensuring that it is disposed of in the manner provided by law.
(a) This responsibility includes not giving waste matter/items to any person for disposal who is not authorized to legally dispose of such waste matter.
(b) A person whose waste matter or items are illegally dumped or a person who partakes in the illegal dumping or disposal are jointly liable for the illegal acts.
(E) Strict Liability. Liability under this Chapter does not turn on or require specific knowledge of the illegal dumping or disposal or intent to conduct illegal dumping or disposal. Only the fact that said illegal dumping or disposal occurs is relevant. (Ord. 1614 § 4 (Exh. I), 2023)
8.48.040 Enforcement.
The Enforcement Officer is authorized to make inspections and take such actions as may be required for enforcement of this Chapter. (Ord. 1614 § 4 (Exh. I), 2023)
8.48.050 Public nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance). The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. (Ord. 1614 § 4 (Exh. I), 2023)
8.48.060 Penalties.
(A) Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC § 1.12.030 (Continuing violations).
(B) For any criminal enforcement of the provisions of this Chapter, the prosecutor or other designated official may seek fines in the amounts set forth in California Penal Code Section 374.3.
(C) The abatement process provided in PMC Chapter 9.47 as it relates to illegal dumping applies to violations of any provision of this Chapter. (Ord. 1614 § 4 (Exh. I), 2023)