§ 49-2. Unlawful and unauthorized dumping.

a.

Any person who:

1.

Fails to arrange for the lawful disposal of solid waste generated on property which that person owns, occupies or is the person responsible for day-to-day operations thereof, for example, an owner of Residential Rental Property, as defined in section 31-11.445, who fails to comply with Butte County Code section 31-50(c), by failing to maintain a continuous subscription for regular refuse removal by a licensed refuse hauler when said property is occupied;

2.

Causes, maintains or permits solid waste to be deposited within the county in any manner that violates the provisions of this chapter;

3.

Causes or permits the deposit of solid waste on the right-of-way of any public highway, street, easement or thoroughfare, or upon any camping place or public grounds, or on any premises, or in any container, without the permission of the owner thereof, or into any stream or dry watercourse, within the county of Butte, State of California, and outside of the incorporated cities; or

4.

Causes, maintains or permits the accumulation of solid waste which creates an unsanitary condition or permits or encourages the accumulation or breeding of vectors, or causes, maintains or permits solid waste to be placed in a container other than provided in this chapter; is guilty of a misdemeanor and may be punished as provided in Section 1-7, Subsection (a) of this code. Such person is also subject to the administrative/abatement procedures set forth in this Article, as well as any other remedy provided by law.

b.

Any Condition which is a direct result of any of the acts/omissions set forth in subsection a of this section is hereby deemed to be a public nuisance subject to the administrative/abatement procedures set forth in this Article, as well as any other remedy provided by law.

c.

In a criminal proceeding alleging a violation of subsection a of this section, upon a prima facie showing by the prosecution that a person's items, solid waste or property have been found in any location where it is unlawful to dispose of solid waste, under circumstances which would lead a reasonable trier of fact to conclude that the items had previously been discarded in that location, shall constitute a permissible inference that the person is guilty of a violation of Subsection a of this Section. The mental state required for conviction of a violation of Subsection a of this Section is strict liability, without regard to any element of mens rea, fault, negligence or other wrongdoing.

d.

In the event of a conviction of a violation of Subsection a of this Section and under appropriate circumstances, the court shall order the defendant to pay restitution to any public entity and/or private party which and/or whom has incurred out-of-pocket expenses as a result of cleaning up an unlawful dump site, as a rehabilitative measure, in addition to any penalty imposed.

(Ord. No. 3900, § 1, 1-25-05; Ord. No. 3914, § 5, 10-13-05)