ARTICLE 26* :
ILLEGAL DUMPING

 

Sec. 1600.	Title.
Sec. 1601.	Purpose and Intent.
Sec. 1602.	Definitions.
Sec. 1603.	Prohibited Dumping Activity.
Sec. 1604.	Abatement.
Sec. 1605.	Enforcement – Injunctive Relief, Civil Penalties, Costs, and Attorneys' Fees.
Sec. 1606.	Enforcement – Administrative Fines and Penalties.

 

SEC. 1600. TITLE.

   This Article shall be known as the "Illegal Dumping Ordinance."

(Added by Ord. 73-11, File No. 110222, App. 5/5/2011, Eff. 6/4/2011; amended by Ord. 132-20, File No. 191283, App. 8/21/2020, Eff. 9/21/2020)

SEC. 1601. PURPOSE AND INTENT.

   The Board of Supervisors finds and declares that:

   (a)   Dumping on streets, sidewalks, public rights-of-way, and other public properties within San Francisco is detrimental to the health, safety, and welfare of the community and is hereby declared to be a public nuisance. Dumping in public spaces creates urban blight and not only impedes the paths of travel for pedestrian and vehicular traffic and is detrimental to businesses and personal pursuits, but pollutes public spaces with potentially harmful and toxic substances, degrades neighborhoods, and encourages others to unlawfully dispose of other waste and debris, all fostering a disrespect of public property and of the community.

   (b)   Cleaning up and abating unlawfully dumped material on public properties costs the City tens of thousands of dollars a year. The City is rarely able to recoup those costs from the individuals and entities who commit the illegal dumps.

   (c)   Because dumping on public properties and rights-of-way is hereby deemed a nuisance, immediate and effective abatement against the parties responsible for the unlawful dumping is essential to deter these illegal acts and may be accomplished through the administrative enforcement and judicial procedures outlined herein.

   (d)   The City is enacting this legislation pursuant to and in accordance with California Government Code Sections 38771 and 53069.4, and California Civil Code Sections 3479 and 3480.

   (e)   Nothing in this Article 26 shall be construed to in any way limit the City’s or any other government agency’s rights to enforce any other provision of the Municipal Code or state law, or to create a duty or obligation on the part of the City to enforce this Article.

(Added by Ord. 73-11, File No. 110222, App. 5/5/2011, Eff. 6/4/2011; amended by Ord. 132-20, File No. 191283, App. 8/21/2020, Eff. 9/21/2020)

SEC. 1602. DEFINITIONS.

   Unless the context requires otherwise, the following definitions shall govern the construction of this Article 26:

   “City” means the City and County of San Francisco.

   “Construction and Demolition Debris” has the same meaning as set forth in Environment Code Section 1401, as may be amended from time to time.

   “Costs” means any expenses incurred by the City in abating or otherwise addressing Illegal Dumping and Illegal Dumping violations including, but not limited to, litigation costs, court costs, attorneys’ fees, costs of abatement, removal, and disposal of illegally dumped waste matter (including the equivalent cost of disposal if the City is not charged), costs of investigating the incident, and enforcement costs, including, but not limited to time and expenses of the Department, the City Attorney’s Office, the Police Department, and/or other City departments, incurred by the City in identifying and apprehending a Responsible Person.

   “Department” means the Department of Public Works.

   “Director” means the Director of the Department of Public Works or the Director’s designee.

   “Electronic Waste” means computers, computer monitors, flat screen mobile devices, televisions, audio equipment, mobile telephones, electronic gaming devices, and any other electronic equipment that contains components that are required to be specially collected and managed pursuant to federal, state, or City law.

   “Hazardous Waste” has the same meaning as set forth in California Health and Safety Code Sections 25100 et seq., as may be amended from time to time.

   “Illegal Dumping” means the activity, act, or actions performed by any Person to deposit, leave, place, keep, maintain, or abandon Prohibited Materials on any Public Property, either in violation of any City law or without the lawful and express written permission of the City.

   “Person” means and includes companies, corporations, limited liability companies, estates, associations, partnerships, trusts, unincorporated associations and, one or more natural persons.

   “Prevailing Party” has the same meaning as set forth in California Code of Civil Procedure Section 1032, or any successor provision. “Prevailing Party” includes the City in actions where the City obtains an injunction and/or civil penalties or other monies under this Article 26 or State law.

   “Prohibited Materials” means Construction and Demolition Debris, Electronic Waste, Hazardous Waste, Refuse 1 Powered Scooters (as defined in the Transportation Code) that are part of a Powered Scooter Share Program, or bicycles that are part of a Stationless Bicycle Share Program (as defined in the Transportation Code), or more than five pounds or more than one cubic foot of any other waste, debris, or material.

   “Public Property” includes any portion of a street, road, right-of-way, sidewalk, park, lot, or public or other land owned, operated, leased, or maintained by the City.

   “Refuse” has the same meaning as set forth in Environment Code section 1902, as may be amended from time to time.

   “Responsible Party” includes any Person who causes or allows or contributes to or participates in actions which constitute a nuisance under this Article 26. By way of example but not limitation, a Responsible Party may personally perform, or hire a Person to perform, an act of Illegal Dumping.

(Added by Ord. 73-11, File No. 110222, App. 5/5/2011, Eff. 6/4/2011; amended by Ord. 132-20, File No. 191283, App. 8/21/2020, Eff. 9/21/2020)

CODIFICATION NOTE

1.   So in Ord. 132-20.