§ 18A.32 UNLAWFUL ACTION/PENALTY.
   (A)   It is unlawful for any person or generator in the city to do any of the following:
      (1)   Dispose of or dump solid waste on public or private rights-of-way;
      (2)   Dispose of toxic or hazardous materials in a manner that creates a public health, safety or environmental hazard;
      (3)   Dispose of dead animals as part of normal collection of solid waste;
      (4)   Utilize solid waste containers belonging to other individuals without prior written permission;
      (5)   Fail to contract with the city's authorized solid waste collection franchisee to collect solid waste and recyclable materials from the generator unless granted an exemption from such required contracted service by the city;
      (6)   Pick up recyclable material placed curbside by other property owners or tenants for collection by the city's authorized franchised solid waste collector;
      (7)   Place and leave a solid waste/recyclable materials container within the front yard or at curbside or roadway collection point more than 24 hours before the day of collection pickup or beyond 24 hours after the day of collection pickup.
   (B)   Any person or generator violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to California Government Code § 36900. Any additional violation of this chapter within one year of the first violation may be prosecuted by the City Attorney as a misdemeanor with a fine nor exceeding $1,000 and/or six months in the county jail; and provided, however, the City Attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
   (C)   The provisions of this chapter may also be enforced through the city's Administrative Code Enforcement process.
(Ord. 995, passed 1-6-2009)