HomeMy Public PortalAbout20-2015 - Violations Related to Littering of Personal Protective Equipment to Chapter 3 Litter and Weed ControlORDINANCE NO. 20-201S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING
SECTION 5335 (FINES FOR VIOLATIONS RELATED TO LITTERING OF PERSONAL
PROTECTIVE EQUIPMENT) TO CHAPTER 3 (LITTER AND WEED CONTROL) OF ARTICLE V
(SANITATION AND HEALTH) OF THE CARSON MUNICIPAL CODE REGARDING
INCREASED LITTERING FINES RELATED TO PERSONAL PROTECTIVE EQUIPMENT
WHEREAS, due to the worldwide pandemic of a novel respiratory illness known as COVID-19
that was first identified in December, 2019, there has been widespread use all over the world, including
in the City of Carson ("City"), of Personal Protective Equipment, including but not limited to, gloves,
facemasks, goggles and face shields ("PPE"), to guard against and minimize transmission of COVID-19;
and
WHEREAS, while the City has encouraged use of PPE among its residents, businesses and visitors
alike, the increased use of PPE has resulted in increased instances of littering of PPE in and around the
City; and
WHEREAS, Chapter 3 (Litter and Weed Control) of Article V (Sanitation and Health) of the City's
Municipal Code ("Littering Ordinance") sets forth the regulations for and prohibitions against littering
within the City, but without express provisions for fines in the event of any violations for littering,
including littering of PPE; and
WHEREAS, Section 1200 ("Section 1200") of the City's Municipal Code ("CMC") provides that
any person violating any provision or failing to comply with any mandatory requirement of the CMC
expressly stated by the CMC to be an infraction, shall be guilty of an infraction, and subject to penalties;
and
WHEREAS, Section 1200 provides that the penalty amounts shall be as follows: (i) a fine not
exceeding $100.00 for a first violation, (ii) a fine not exceeding $200.00 for a second violation within one
(1) year from the date of the first violation, and (iii) a fine not exceeding $500.00 for each additional
violation within one (1) year from the date of the first violation; and
WHEREAS, the City Council now desires to increase the fines associated with violations of the
Littering Ordinance where PPE has been littered so that the fine amounts for such violations do not
exceed (i) $250.00 for the first violation, (ii) $350.00 for a second violation within one (1) year from the
date of the first violation, and (iii) $500.00 for each additional violation within one (1) year from the date
of the first violation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct, and are incorporated herein
as findings of fact.
ORDINANCE NO. 20-2015
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SECTION 2. AMENDMENT. Section 5335 (Fines for Violations Related to Littering of
Personal Protective Equipment) of Chapter 3 (Litter and Weed Control) of Article V (Sanitation and
Health) of the Carson Municipal Code is hereby added as follows:
"5335 Fines for Violations Related to Littering of Personal Protective Equipment.
Notwithstanding Section 1200 of the Carson Municipal Code and without limiting the
applicability of Section 1200 to this Chapter, the following shall apply to violations of
this Chapter where Personal Protective Equipment has been littered within the
jurisdictional boundaries of the City:
(a) Any person violating any provision of this Chapter where Personal Protective
Equipment has been littered shall be deemed to have committed an infraction, and a
fine shall be imposed and payable directly to the City.
(b) 'Personal Protective Equipment' means protective clothing, helmets, gloves,
face shields, goggles, facemask$ and/or face coverings or other equipment designed,
intended, used or worn to protect the wearer from injury or the spread of infection or
illness.
(c) Each and every violation of this Chapter where Personal Protective Equipment
has been littered constitutes a separate and distinct offense.
(d) Fines shall be assessed in the amounts specified as follows:
(i) A fine not exceeding $250.00 for a first violation;
(ii) A fine not exceeding $350.00 for a second violation within one (1) year
from the date of the first violation; and
(iii) A fine not exceeding $500.00 for each additional violation within one (1)
year from the date of the first violation."
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after
its adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and
shall cause the same to be posted and codified in the manner required by law.
ORDINANCE NO. 20-2015
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PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 20th day of
October, 2020.
APPROVED AS TO FORM: CITY OF CARSON:
f
Sunny K. Soltani, City Attorney Alberoo6les, Mayor
f
ATTEST:
Donesia Gause-Aldana, MMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF CARSON }
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing ordinance, being Ordinance 20-2015 passed first reading on the 6'h day of October, 2020,
adopted by the Carson City Council at its meeting held on the 201h day of October, 2020, by the following
roll call vote:
AYES: COUNCIL MEMBERS: Robles, Dear, Davis -Holmes, Hilton, Hicks
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: None
Donesia Ga se-AlJana, MMC, City Clerk
STATE OF CALIFORNIA J v
COUNTY OF LOS ANGELES } ss.
CITY OF CARSON }
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, do hereby certify that
Ordinance No. 20-2015 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in a newspaper(s) of general circulation on the
following dates):
Adopted Ordinance: 2-1, Z" The Daily Breeze
Adopted Ordinance: Random Lengths News{
In witness whereof, I have hereunto subscribed my name this of ( 1020.
Donesia Gause-Aldana, MMC, City Clerk
ORDINANCE NO. 20-2015
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