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ADOPT AN ORDINANCE AMENDING TITLE 8, TO ADD CHAPTER 8.104 TO THE STOCKTON MUNICIPAL CODE REGARDING ILLEGAL DUMPING AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Chapter 8 of the Stockton Municipal Code (“SMC”) to adopt and add Chapter 8.104 regarding Illegal Dumping.
2. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to illegal dumping fines.
3. Authorize the City Manager, or designee, to submit the approved ordinance and resolution to the San Joaquin County Civil Grand Jury, in response to Case No. 0519, Illegal Dumping: Talking Trash.
4. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
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Summary
In the interest of protecting the public health, safety, and welfare of its residents and businesses, the Legislation and Environmental Committee ("Committee") requested that staff draft a proposed ordinance regarding illegal dumping in the City to bring to City Council for approval. SMC Chapter 8 regulates Health & Safety matters. Currently, the Chapter has no provisions prohibiting illegal dumping in the City of Stockton (“City”).
On May 15, 2024, the draft ordinance was approved by the Committee and was recommended to be proposed to Council. The proposed ordinance to the SMC extends financial liability of the owner or operator of a vehicle or trailer used to facilitate incidents of illegal dumping and will assist in slowing or preventing this hazardous trend.
DISCUSSION
Background
Illegal dumping causes threats to public health and safety, with negative impacts on property values, business climate in the City, the City’s natural environment and waterways, water quality, and quality of life for the entire community. There is also a high cost to the public for removal of the illegally dumped items such as mattresses, large furniture, electronic items, large appliances, recreational vehicles, boats, and biological and hazardous wastes. 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.
The Stockton Police Department (SPD) has been working with other city departments to develop an illegal dumping ordinance. The proposed ordinance, Chapter 8.104 to the SMC 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 and Environmental Committee on May 15, 2024, to bring forward to Council for review and approval. A redline version of the proposed ordinance is included as Attachment A.
Present Situation
The City has recently seen a significant increase in cases of illegal dumping. Illegal dumping can consist of someone discarding bags of trash in public areas, discarding old mattresses, furniture, tires, boats or vehicles. This creates substantial blight and often leads to additional items being discarded in the same areas.
In 2022, there were 249 reported cases of illegal dumping, and 222 reported cases in 2023. Within these two years, only 4 arrests were made for illegal dumping under California Penal Code (PC 374.4 / PC 374.3). Violators typically commit illegal dumping in isolated areas and within hours of darkness to avoid being detected by law enforcement.
The proposed ordinance will help safeguard our neighborhoods and areas of business against the harms of illegal dumping. Through community reporting and support, law enforcement will be aided in holding those financially and or criminally accountable for their roles in illegal dumping. Further, the adoption of the ordinance will assist the City in recovering funds spent cleaning up areas affected by illegal dumping.
Based on research of municipalities that prohibit illegal dumping and the Committee’s feedback, staff propose adding Chapter 8.104 to the SMC prohibiting illegal dumping in the City. This proposed ordinance addresses the Committee’s feedback as follows:
Prohibiting Illegal Dumping
Under the proposed ordinance, 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. Violations of the proposed ordinance shall read as follows:
1. Illegal dumping in violation of this Chapter is determined to be an infraction, in addition to being subject to any administrative or civil penalties.
2. 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.
3. Any person violating this Chapter shall be guilty of an infraction.
4. Violations of this Chapter are hereby declared to be a public nuisance.
5. 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.
Violations and Penalties
Violations of the proposed ordinance 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 within one (1) year of action constituting the first violation;
3. A fine/penalty of $3,000.00 for each additional violation within one (1) year of action constituting the first violation.
The proposed ordinance provides, through cost recovery, that 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.
FINANCIAL SUMMARY
There are no General Fund costs associated with the adoption of the ordinance as drafted. As proposed, 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.
Upon approval, the FY 2024-25 Fee Schedule will be amended to include the following illegal dumping fines:
First Offense: $1,000
Second Offense: $2,000
Third or more Offense: $3,000
Attachment A - Proposed Ordinance Red-lined version