Chapter 8.80


8.80.010    Purpose.

8.80.020    Definitions.

8.80.030    Prohibitions.

8.80.040    Regulations.

8.80.050    Junkyards.

8.80.060    Disposal of junk.

8.80.070    Firewood.

8.80.080    Enforcement.

*    Prior legislation: CC §§ 68.708, 68.709, 68.711, 68.712 and 68.713.

8.80.010 Purpose.

This chapter provides the regulations to control litter and junk accumulation within the City of Poway. (Ord. 827 § 2 (Exh. 1), 2019)

8.80.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. “Accumulation” means acquisition, dumping or gathering of something whether gradually or suddenly, including one or more items.

B. “Junk” means any combustible or noncombustible nonputrescible waste, including, but not limited to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; natural aggregate, manure or animal waste; trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural purposes; household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable.

C. “Litter” means waste material or similar, including, but not limited to, junk, convenience food, beverage and other product packages or containers, cigarettes or smoking devices (partial or whole), steel, aluminum, glass, paper, plastic or other materials, thrown, deposited or left on property or right-of-way within the City. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 29 § 1, 1981; CC § 68.701. Formerly 8.80.010)

8.80.030 Prohibitions.

A. No responsible person as defined in Chapters 1.08 and 1.10 PMC shall accumulate junk on the exterior areas of any lot which is not fully enclosed by a lawful building, unless stored in compliance with PMC 8.80.040.

B. No person shall throw, deposit, cause to be deposited, or leave litter or junk in or upon any public street, alley, sidewalk, public right-of-way or public place within the City except in public receptacles or authorized private receptacles.

C. No person shall throw, deposit, cause to be deposited, or leave any litter in or upon any private property within the City, vacant or occupied, except as provided in this chapter. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 29 § 1, 1981; CC § 68.702. Formerly 8.80.020)

8.80.040 Regulations.

A. All exterior areas where junk is stored shall comply with Chapter 13.09 PMC, PMC Title 15, PMC Title 16, Division VI, and each of the following:

1. The following structural best management practices (BMPs) shall be incorporated into areas where junk is to be stored:

a. Grade impervious surfaces to drain to vegetated areas;

b. Minimize the area of impervious surfaces such as paved areas, roofs and concrete driveways;

c. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff;

d. All exposed junk shall be elevated above the ground with nonmetallic or other nonpolluting materials so that no sediment runoff will occur; and

e. All exposed junk shall be covered by an impervious fabric.

2. Long-term maintenance of all structural BMPs is required in accordance with Chapter 16.104 PMC.

3. Compliance with stormwater BMPs shall be adhered to.

4. Areas shall be maintained so as to not be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests.

5. Junk and operations associated with junk shall not create any odor, generate any airborne particulate matter, or generate any excessive noise for adjacent property.

6. Junk shall not be visible from adjacent public rights-of-way, any street, and any area accessible to the public.

7. Junk shall not constitute a danger or potential danger to, or otherwise be detrimental to, the public health, safety or general welfare.

8. Junk shall not be maintained in a manner that constitutes a fire hazard, in the opinion of the Director of Development Services or his/her designee.

9. Junk shall not be strewn about or maintained in an unsightly condition.

10. Junk shall not invite vandalism or otherwise constitute an attractive nuisance.

11. No person shall accumulate junk, or permit junk to be accumulated:

a. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall which is constructed of nonflammable material and is not used for structural support of a building;

b. Within 15 feet of any rear lot line;

c. Within 10 feet of any side lot line; or

d. In the front yard. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 29 § 1, 1981; CC § 68.703. Formerly 8.80.030)

8.80.050 Junkyards.

This chapter does not prohibit the accumulation of junk in the course of the lawful operation of a junkyard, motor vehicle storage or wrecking yard, or salvage yard conducted in the manner authorized by the zoning ordinance and/or this code. Nothing contained in this chapter shall be deemed to authorize the establishment or maintenance of a junkyard, motor vehicle storage or wrecking yard, or salvage yard. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 29 § 1, 1981; CC § 68.704. Formerly 8.80.040)

8.80.060 Disposal of junk.

This chapter does not prohibit the accumulation of junk in accordance with the conditions and requirements of, and for the purposes authorized by, PMC 8.68.150, or for a reasonable time prior to disposal thereof in a public dump or other place where disposal lawfully may be made. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 29 § 1, 1981; CC § 68.705. Formerly 8.80.050)

8.80.070 Firewood.

This chapter does not prohibit the accumulation of used lumber, lumber scraps and/or materials fabricated out of wood for use as firewood or fuel; provided, however, that any such accumulation shall be neatly stacked and shall be maintained in the manner authorized by the zoning ordinance and/or this code; and provided further, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length or two feet in width. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 29 § 1, 1981; CC § 68.706. Formerly 8.80.060)

8.80.080 Enforcement.

The Director of Development Services or his/her designee shall enforce this chapter, pursuant to Chapters 1.08, 1.10 and 8.72 PMC. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 68.707. Formerly 8.80.070)