I. RECOMMENDATION:
City Council requested information from the Police Department on the enforcement of illegal dumping in the City of Coalinga, specifically, can the Police Department issue a citation by mail to a registered owner whose vehicle license plate was captured on surveillance video camera dumping illegally.
II. BACKGROUND:
The City of Coalinga Municipal Code (MC) Section 6-2.05 (Chapter 6). – prohibits depositing garbage, refuse and rubbish, etc. on public highways, streets, alleys, and public property. Any person violating Section 6-2-05, under the provisions of Chapter 6 of the MC, shall be guilty of a misdemeanor. Whereas the California Penal Code section 374.3 makes it an infraction, unless the substance dumped is of a waste matter or commercial quantities, then the violation becomes a misdemeanor in the State of California.
III. DISCUSSION:
Illegal dumping in the City of Coalinga is a misdemeanor so the offense must be committed in the officers’ and/or witnesses’ presence for an arrest to be made for the offense. If the offense/license plate is captured by a surveillance video camera, the police department can’t issue a citation by mail to the registered owner (RO) without positive identification of the RO committing the offense. However, the capturing of the license plate and a description of the suspect committing the offense, can lead to further follow-up by the police department. The follow-up may lead to filing chargers or putting the RO on notice of the violation.
IV. ALTERNATIVES:
The Police Department strongly recommends the residents of Coalinga get involved in the reporting of illegal dumping in their community. As a deterrent, police department recommends posting signage in the areas where illegal dumping is occurring. Signage to include Municipal Code Section 6-2.05 and that the violators will be prosecuted. Should Council be interested in placing such signs throughout the City, Council should request a future agenda item for staff to bring back proposed locations and costs for consideration.
V. FISCAL IMPACT:
None as this is informational only.
However, should Council wish to move forward with illegal dumping signs with a future agenda item request, the cost per signage and pole would be approximately $250. It’s unknown how many poles will be needed until the problem locations have been identified. |