Proposed Ordinance for Bonsall

Any vehicle used for illegal dumping, illegal grading or illegal excavation on public or private property is hereby declared a public nuisance, and that vehicle shall be enjoined and abated as provided. Any person who owns, leases, conducts or maintains any vehicle used for any of these acts is responsible for maintaining a public nuisance. Vehicles may be seized by any peace officer or code compliance officer upon process issued by any court having jurisdiction over the vehicle. Seizure without process may be made when any of the following situations exist: The seizure is incident to an arrest with or without a warrant, or a search under a search warrant; or there is probable cause to believe that the vehicle was used in violation of this ordinance. Any vehicle seized may be held for evidence. The county attorney shall have the authority to institute and maintain proceedings pursuant to the authority conferred by this ordinance. The seizure and impoundment of a public nuisance vehicle as evidence neither requires nor precludes forfeiture proceedings under this ordinance. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case, within one year following the seizure of the vehicle which is subject to forfeiture. Definitions

1. Illegal dumping" means the willful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. "Illegal dumping" does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.

2. "Illegal excavation" or "illegal grading" refers to the moving of earth on or removal of earth from private or public property without a permit required by law.

3. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste.

4. "Vehicle", means any transportation device that is equipped with a motor, that is pulled by a transportation device with a motor, or requires the driver to have in his or her immediate possession a valid driver’s license for the appropriate class of vehicle being driven without regard to whether it is required to be registered with the California Department of Motor Vehicles or the motor vehicle department of another jurisdiction. It includes, without limitation, automobiles, pickup trucks, dump trucks, tractor-trailers, earthmovers, earth graders and bulldozers.

Larry Sundram.