File #: ORD 24-005    Name: Ordinance for Littering Fines
Type: Ordinance Status: Health Department - Consent
File created: 2/14/2024 In control: Board of Supervisors
On agenda: 2/27/2024 Final action:
Title: Adopt an ordinance to amend Sections 10.41.010 and 10.41.040 of the Monterey County Code to increase fines for littering in unincorporated Monterey County. Proposed California Environmental Quality Act (CEQA) Action: Consider finding that the adoption of this ordinance is categorically exempt per Section 15308 of the CEQA Guidelines because the action consists of creating regulations for the protection of the environment.
Attachments: 1. Board Report, 2. A. Draft ordinance (redline), 3. B. Draft ordinance (clean), 4. Completed Board Order Item No. 54
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Title
Adopt an ordinance to amend Sections 10.41.010 and 10.41.040 of the Monterey County Code to increase fines for littering in unincorporated Monterey County.

Proposed California Environmental Quality Act (CEQA) Action: Consider finding that the adoption of this ordinance is categorically exempt per Section 15308 of the CEQA Guidelines because the action consists of creating regulations for the protection of the environment.

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find the adoption of this ordinance is categorically exempt per Section 15308 of the CEQA Guidelines because the action consists of creating regulations for the protection of the environment; and
b. Adopt an ordinance to amend Sections 10.41.010 and 10.41.040 of the Monterey County Code to increase fines for littering in unincorporated Monterey County.

SUMMARY/DISCUSSION:
Pursuant to Article XI, Section 7 of the California Constitution, the County of Monterey may adopt and enforce ordinances and regulations to protect the natural resources of the County and promote the public health, safety, and welfare of its citizens.

On November 28, 2023, the County of Monterey Environmental Health Bureau provided an update to the Board of Supervisors in response to Board Referral No.2023-20 addressing litter fines. Staff were subsequently directed to proceed with amending Monterey County Code to add specific litter fines.

The proposed draft ordinance was introduced to the Board of Supervisors at its January 30, 2024, meeting. After discussion, the Board set February 27, 2024, at 10:30 a.m. as the date and time to consider adoption of the ordinance and directed staff to return to the Board with an update one year after adoption of the ordinance. This update shall include number of citations issued, fines assessed and collected.

Current regulations are set forth in Monterey County Code Section 10.41.040 as follows:

"10.41.040- Litter Generally...

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