* For statutory provisions requiring counties to take measures to preserve and protect the public health in unincorporated territory of the county, see Health & Saf. Code § 450. For the statutory provisions relating to county sanitation districts, see Health & Saf. Code § 4700 et seq.

This chapter shall be known and cited as the “Refuse Disposal Ordinance of Madera County.” (Ord. 275 Art. I, 1963).

The board of supervisors finds that the illegal dumping of waste matter in or upon roadways and property in Madera County has become a major problem which creates traffic hazards, imposes cleanup costs on both the county and private citizens, and creates potential health risks to the community.
It is the intent of this chapter that all penalties herein provided be cumulative and are in addition to any other penalties or remedies provided by law for littering or unauthorized dumping.
It is the purpose of this chapter to institute within the unincorporated area of the county an orderly program for the collection, transportation and disposal of refuse in order to promote the community welfare, convenience, health and safety, and to prohibit random refuse disposal and littering along public highways and roads, or private property, and adjacent to any water course and to establish county refuse disposal sites and to control refuse disposal operations. (Ord. 275-E § 1, 2001: Ord. 275 Art. II, 1963).

A. “Disposal area” means any site, public or private, location, tract of land, area, building structure or premises used or intended to be used for disposal of refuse or industrial wastes, except animal rendering plants, hog raising ranches, alcoholic distilleries utilizing wastes, processing plants utilizing raw materials, and salvage depots receiving waste paper products to be used as a raw material in manufacturing.
B. “Refuse” means accumulations of animal, vegetable or mineral waste matter that results from its preparation, processing, use, cooking, or storage including the same or parts thereof. It includes but is not necessarily limited to the following: any paper or paper products, garbage, junk, wrecked or abandoned automotive equipment, cans, brush, weeds, rubbish, auto parts, tires, machinery parts, appliances parts, discarded clothing, household furniture and appliances, bottles, earth fill, concrete bricks, building materials, or any offensive, unsightly, putrescible or decaying matter of any kind whatsoever.
C. “Refuse collector” means the person, firm, agency, or public body, or employee or agent thereof who is or intends to be engaged in the collection and/or transportation of refuse and garbage in the unincorporated area of the county of Madera.
D. “Code enforcement officer” means the Madera County code enforcement officer, assigned to the planning department; and shall also mean the Madera County sheriff or designee; the Madera County road commissioner or designee where enforcement action is undertaken within any county-maintained road right-of-way; and the director of environmental health or designee, provided however, nothing herein shall be deemed to limit the jurisdiction of the California Highway Patrol. (Ord. 275-E § 2, 2001; Ord. 275 Art. III, 1963).

Except as otherwise provided in this chapter it is unlawful for any person, firm, corporation, municipality, public agency, or institution to collect or to transport for commercial purposes any refuse or garbage or operate and/or maintain a disposal site within the unincorporated area of the county unless possessing a permit to do so from the county health department. Nothing contained in this section shall be construed to require a permit for a householder to transport or deposit refuse from his home to an established approved disposal area. Provisions of this chapter shall not apply to junk dealers as specifically provided for in Chapter 5.08. (Ord. 275 Art. IV § 1, 1963).

A. It is unlawful and an infraction for any person or persons to place, deposit or dump or cause to be placed, deposited or dumped upon the right-of-way of any public highway, street, thoroughfare or upon any camping place or public grounds or on any premises or into any lake, stream, canal, irrigation ditch, waterway, dry water course or any other body of water within the unincorporated areas of the county, any refuse or garbage as defined in this chapter, except in designated areas.
B. Any person who, in the unincorporated areas of the county, deposits, causes to be deposited or permits the deposit of any waste matter in or upon any public highway or road including any portion of the right-of-way thereof, or upon any private road or other private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for waste disposal purposes, or in or adjacent to any lake, stream, canal, irrigation ditch, waterway, dry water course or any other body of water, shall be liable for all costs to clean up or remove such waste material. The code enforcement officer shall either cause such waste matter to be cleaned up or removed at the expense of the person responsible for its deposit or shall give notice to such person to clean up or remove it. The failure or refusal to clean up or remove such waste matter upon notification is a violation of this section. Each day that waste is deposited and remains in violation of this section and remains after notice, shall be considered a separate violation. If the waste matter is not removed or cleaned up after notice has been given and the code enforcement officer determines that the public interest requires immediate clean up or removal, the code enforcement officer may, without further notice, cause such removal or clean up. The person responsible for deposit of the waste matter shall be liable for all costs of such removal or clean up.
C. Any person who employs, hires, engages or utilizes a waste hauler or other third party for refuse matter disposal who does not have a permit issued under Section 7.24.040 shall obtain and keep for at least six months the name, address, vehicle license number of and a dated receipt from the person so employed, hired, engaged or utilized. In the absence of having such information the person claiming to have used a waste hauler or other third party hauler shall be subject to a rebuttable presumption that no such person was utilized and shall continue to be responsible for clean up costs and penalties as provided in this chapter.
D. If the code enforcement officer cleans up or removes the waste matter pursuant to this section, the code enforcement officer shall cause a bill for all costs of clean up, removal and abatement to be mailed, first class mail and certified mail, postage prepaid, to the last known address of the person or persons responsible for the deposit of such waste matter. Payment in full is due thirty days after the date of the bill.
E. Any person failing to pay on or before thirty days from the date of the bill shall pay a delinquency penalty of ten percent of the amount of the bill in addition to the amount of the bill. In addition to the penalties imposed, any person who fails to remit payments imposed by this section shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the bill, exclusive of penalties, from the date on which the bill first became delinquent until the date paid.
F. Nothing in subsection (B) shall be deemed to create an exception to any other law, rule or regulation
which prohibits or otherwise regulates the dumping and/or clean up of refuse on private property. (Ord. 275-E § 3, 2001: Ord. 275 Art. IV § 2, 1963).

No private disposal site shall be operated without a permit issued by the health department for refuse. The proposal for a refuse disposal site shall be referred to the county health department, county planning commission and county engineer for review and recommendations. (Ord. 275 Art. IV § 3, 1963).

No person, persons, firm, corporation or political subdivision shall deposit any hazardous material on, in or at any approved dump--site or any other public or private property without first obtaining permission to do so from the health officer. (Ord. 275 Art. IV § 4, 1963).

Any occupant, owner, renter, lessee, resident or any other person or persons allowing or permitting any material defined in this chapter as refuse to be placed in such a manner as to become or may become a nuisance, health, safety or fire hazard, an unsightly collection of refuse on his or their property shall be given notice to abate same and remove said material within forty-eight hours to an approved disposal site. (Ord. 275-B § 1, 1966: Ord. 275 Art. IV § 5, 1963).

The application for an operating permit to collect or transport refuse or to operate and/or maintain a disposal site shall be made in writing to the health department. The department may issue a revocable permit for a period not to exceed one year from the date of issuance. The permit shall be issued only to the applicant and shall not be transferable. (Ord. 275 Art. V § 1, 1963).

The health department may deny, revoke or withhold a permit if the vehicles, area, equipment or other facilities for the establishing, maintaining, conducting or operating a refuse collection or transportation service or disposal area is or are unfit or incapable of being used, maintained or established to comply with this chapter or any other ordinance of the county or laws of the state. (Ord. 275 Art. V § 2, 1963).

Any person, persons or firm engaged in the operation of refuse collection for the purpose of hog feeding, in whole or part, shall in addition to receiving annual approval of health department, obtain approval to do so from the Bureau of Animal Health, Division of Animal Industry, State Department of Agriculture before a permit will be issued to engage in the collection thereof. (Ord. 275 Art. VI, 1963).

All persons operating a transportation service or a disposal site shall permit inspection by the health department at all times. (Ord. 275 Art. VII, 1963).

Surveillance and sanitary control of disposal sites shall be maintained by the health department. Such control measures as the health department deems necessary shall be maintained for any uncontrolled vectors within or about designated sites or any other conditions which might become a nuisance. (Ord. 275 Art. VIII § 1, 1963).

All refuse disposal in designated disposal sites shall be by means of the sanitary landfill or other such methods acceptable to the health department and county engineer. Other methods of disposal at the designated sites may include periodic controlled burning under proper permit and earth covering of refuse, providing said site area or location where burning is permitted will not result in a nuisance to the public health, welfare and safety of the community involved. (Ord. 275 Art. VIII § 2, 1963).

It shall be the duty of every owner, manager, or person in possession, charge or control of any boardinghouse, restaurant, hotel, apartment or eating house or any commercial food handling establishment; such as markets, fruit stands, grocery stores or vacant lots and of every person occupying, or owning a dwelling within the unincorporated areas of the county to keep the premises in his control in a sanitary condition which means that all parts thereof are free and clean of any accumulation of rubbish, combustible or noncombustible refuse, waste or garbage, to the satisfaction of the health officer. (Ord. 275 Art. IX § 1, 1963).

All waste material as a result of an agricultural or industrial operation either liquid, solid or semisolid and/or their by-products must be kept or disposed of in a sanitary condition, so as not to create a nuisance. Packing shed, drying and/or dehydrating yard operators and owners are to be held jointly responsible for their premises. Waste materials are to be spread in such a manner that no health problem or nuisance is created. All such premises and buildings are to be kept clean and free of all decaying matter. (Ord. 275 Art. IX § 2, 1963).

The county engineer shall operate and maintain all county owned or operated disposal sites and shall prescribe such rules as he deems necessary. (Ord. 385 § 2(part), 1974: Ord. 275 Art. X § 1, 1963).

The board of supervisors shall prescribe fees to be charged for the disposal of refuse at county owned or operated disposal sites. (Ord. 385 § 2(part), 1974: Ord. 275 Art. X § 2, 1963).

It is a misdemeanor for any person to shoot or discharge any firearm in or upon any dump site operated and maintained by the county, and it is a misdemeanor for any person to shoot or discharge any firearm into, or shoot or discharge any firearm across any dump site operated and maintained by the county. Such dump site shall include not only the dumping area, but the parking, access, and surrounding territory under the control of the county. (Ord. 385 § 2 (part), 1974: Ord. 275-A § 1, 1965: Ord. 275 Art. X § 3, 1963).

It is a misdemeanor for any person to import across the Madera County line, and deposit in any Madera County operated dump site, refuse originating outside the county. Said dump sites, their operation and maintenance are supported and paid for by Madera County residents who should have the right and opportunity to use said dump sites. The limited availability of land for this purpose makes such dump sites adequate for the residents of the county, and their rights of use will be materially impaired if residents of other counties are permitted to monopolize such rights merely because of an excess number of residents. (Ord. 385 § 2(part), 1974: Ord. 378 § 2 (part), 1973: Ord. 275-D § l(part), 1968: Ord. 275 Art. X § 4, 1963).

Any person entering upon said dump site, damaging fences or removing refuse or material from said dump site is guilty of a misdemeanor. (Ord. 385 § 2 (part), 1974: Ord. 378 § 2(part), 1973: Ord. 275-D § 1 (part), 1968: Ord. 275 Art. X § 5, 1963).

Any person depositing, leaving, or distributing refuse in, at, or near said dump site, without a permit, is guilty of a misdemeanor. (Ord. 285 § 2(part), 1974: Ord. 378 § 2(part), 1973: Ord. 275-D § l(part), 1968: Ord. 275 Art. X § 6, 1963).

The county engineer shall issue permits to dispose of refuse at county owned or operated refuse disposal sites to county residents for the exclusive use of said residents. It is a misdemeanor for any county resident to allow use of such permit for the dumping of any refuse imported into the county, and the county resident and the person so importing shall jointly and severally be liable for such offense. (Ord. 385 § 2(part), 1974: Ord. 378 § 2(part), 1973: Ord. 275-D § 1 (part), 1968: Ord. 275 Art. X § 7, 1963).

The county engineer may, after notice, revoke any permit for any use thereof which violates this chapter, or any rule or regulation of the county engineer in connection therewith. (Ord. 385 § 2(part), 1974: Ord. 378 § 2(part), 1973: Ord. 275--D § l(part), 1968: Ord. 275 Art. X § 8, 1963).

The penalty for violations of this chapter shall be as prescribed by Chapter 1.12, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the county or other political subdivision, or any person may be otherwise entitled. (Ord. 385 § 3(part), 1974: Ord. 363(part), 1972: Ord. 275--B § 2(part), 1966: Ord. 275 Art. XI § 1, 1963).

Any violation of the provisions of this chapter shall constitute a nuisance. The remedy to abate the nuisance shall be according to Chapter 7.20 of this code, and shall be in addition to any other remedy provided by this chapter or by law. (Ord. 385 § 3(part), 1974: Ord. 363(part), 1972: Ord. 275--B § 2(part), 1966: Ord. 275 Art. XI § 2, 1963).

In addition to any other remedy provided by this chapter, where, by statute, the health officer or the State Forest Ranger may order compliance with any provision of this chapter, such order shall prescribe the time for compliance and shall be served personally or by certified mail upon any person, owner, occupant, lessee, or tenant violating the provisions of this chapter. (Ord. 385 § 3(part), 1974: Ord. 363(part), 1972: Ord. 275--B § 2(part), 1966: Ord. 275 Art. XI § 3, 1963).

If said person does not comply within the time as specified by order of the health officer or State Forest Ranger, then the county may proceed to file an action in the superior court for the county of Madera for a writ of mandate to command performance of said provision or punishment therefor as prescribed by the court. (Ord. 385 § 3(part), 1974: Ord. 363(part), 1972: Ord. 275--B § 2(part), 1966: Ord. 275 Art. XI § 4, 1963).

Any person who provides information which results in a final decision of a violation of the provisions of this chapter shall be entitled to a reward by the county equal to twenty-five percent of the amount of any civil penalty which may have been imposed pursuant to Chapter 7.20 of this code and which has been fully collected in the same case. No reward paid pursuant to this section shall exceed one thousand dollars. If more than one person provides information, the reward shall be equally divided between such persons. (Ord. 275-E § 4, 2001).

Pursuant to the procedures set forth in Penal Code Sections 836.5 and 853.6, the code enforcement officer assigned to the planning department, the road commissioner and his or her designee and the director of environmental health and his or her designee are authorized and empowered to enforce those Penal Code provisions prohibiting littering and unauthorized dumping of waste matter. (Ord. 275-E § 5, 2001).