(a) In addition to the remedies otherwise authorized by law, any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a mandatory fine of not less than Two Hundred Fifty Dollars ($250.00) upon a first conviction, by a mandatory fine of not less than Five Hundred Dollars ($500.00) nor more than one thousand dollars ($1,000.00) upon a second conviction, and by a mandatory fine of not less than Seven Hundred Fifty Dollars ($750.00) nor more than two thousand five hundred dollars ($2,500.00) upon a third or subsequent conviction, or by imprisonment in the County jail for a period not to exceed six (6) months, or by both such fine and imprisonment. If the waste matter placed, deposited, or dumped includes hazardous waste or extremely hazardous waste, or includes waste tires, the fine prescribed in this subsection shall be doubled. The District Attorney shall have the discretion to prosecute a violation of this section as an infraction.
(b) Each day that waste placed, deposited, or dumped in violation of this section remains is a separate violation.
(c) The court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property.
(d) Except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than twelve (12) hours.
(1) Any person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a County jail for not more than six (6) months and by a fine. The fine is mandatory and shall amount to not less than Five Hundred Dollars ($500.00) nor more than one thousand five hundred dollars ($1,500.00) upon a first conviction, not less than one thousand five hundred dollars ($1,500.00) nor more than three thousand dollars ($3,000.00) upon a second conviction, and not less than two thousand seven hundred fifty dollars ($2,750.00) nor more than four thousand dollars ($4,000.00) upon a third or subsequent conviction.
(2) “Commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one (1) cubic yard.
(f) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced.
(g) SB 1383 Noncompliance. Noncompliance with any of the SB 1383 requirements may result in enforcement action, including the issuance of monetary penalties. Penalty amounts may vary, but the base penalties shall fall within the ranges listed below:
(1) First violation: Fifty Dollars ($50.00) to One Hundred Dollars ($100.00).
(2) Second violation: One Hundred Dollars ($100.00) to Two Hundred Dollars ($200.00).
(3) Third and subsequent violations: Two Hundred Fifty Dollars ($250.00) to Five Hundred Dollars ($500.00). In addition, jurisdictions may revoke, suspend, or deny a permit, registration, license, or other authorization.
(4) In addition, once the penalty range is determined, the following factors shall be used to determine the amount of the penalty for each violation within that range:
(A) The nature, circumstances, and severity of the violation(s).
(B) The violator’s ability to pay.
(C) The willfulness of the violator’s misconduct.
(D) Whether the violator took measures to avoid or mitigate violations of this chapter.
(E) Evidence of any economic benefit resulting from the violation(s).
(F) The deterrent effect of the penalty on the violator.
(G) Whether the violation(s) were due to conditions outside the control of the violator. (Ord. 2696, § 2, 6/14/2022)