(A) Any person convicted of a violation of the provisions of this chapter, or any regulation -promulgated thereunder, shall be guilty of a petty misdemeanor and shall be subject to a penalty up to the maximum penalty allowed by state statute. Each day such violation is committed or permitted to continue shall be considered a separate offense and shall be punished as such.
(B) It shall be a violation of this chapter to remove solid waste or recyclable material deposited for collection from public or private property except as provided herein. Any containers provided by the contractor shall be utilized for the purpose intended as provided in this chapter,
(C) It shall be a violation of this chapter for any person, firm or corporation to neglect, refuse to comply with, or resist the enforcement of any provision thereof. Violators of any provision of this chapter shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be punished by 90 days in jail for each separate offense and/or a fine as follows:
(1) Not exceeding $1,000 for discarding or disposing of solid waste, litter or garbage on public or private property in any manner other than by disposing it in accordance with this chapter;
(2) Not exceeding $5,000 for the improper or illegal disposal of hazardous waste in any manner other than as provided in this chapter; or
(3) Not exceeding $300 for violation of any other provision of this chapter. Each day that such violation exists shall constitute a separate offense.
(D) The exclusive residential or commercial franchisee is expressly authorized to seek to restrain an unfranchised hauler's collection of solid waste and disposal within the unincorporated areas of the county, and shall be entitled to reasonable attorney's fees and costs in the suit. In addition to criminal prosecution, the County Manager, or his or her designee, may pursue any lawful civil remedy and penalty in a court of competent jurisdiction. The County Manager or his/her designee may bring suit to collect any sums due and owing and/or to restrain, enjoin or otherwise prevent the violation of this chapter; or to compel compliance, and shall be entitled to reasonable attorney's fees and costs in the suit.
(Ord. 2010-01, passed 5-19-2010; Am. Ord. 2017-02, passed 8-23-2017; Am. Ord. 2023-06, passed 11-15-2023)