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Report regarding an Ordinance repealing and replacing Title 8, Chapter 8.20 of the South San Francisco Municipal Code relating to illegal dumping and littering. (Sarah Henricks, Management Analyst II).
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RECOMMENDATION
Recommendation
Staff recommends that the City Council introduce an Ordinance repealing and replacing Chapter 8.20 of the South San Francisco Municipal Code to prohibit both illegal dumping and littering on public and private property, and waive further reading.
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DISCUSSION
The City of South San Francisco ("City") currently prohibits littering through Chapter 8.20 of the South San Francisco Municipal Code, which was first adopted in 1962 and last amended in 1975. Chapter 8.20 is known as the City's "anti-littering ordinance." However, Chapter 8.20 does not specifically address illegal dumping, nor distinguish it from littering. Additionally, Chapter 8.20 establishes that any violation of the Chapter shall constitute an infraction, punishable by a fine pursuant to California Government Code Section 36900. Government Code Section 36900 identifies the applicable fine schedule for infractions as being $100 for the first violation, $200 for the second violation, and $500 for the third and each subsequent violation within one year of the first violation.
"Litter" is currently defined in the South San Francisco Municipal Code as "garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare." While the current definition of "litter" is broad enough to include large and/or hazardous items of particular concern, the impacts of littering and dumping are distinguishable and warrant separate fine structures, accordingly. Furthermore, the act of dumping often involves waste matter of a significant size, such as furniture and appliances, and a violation of Chapter 8.20 is currently punishable as an infraction. Th...
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