HomeMy WebLinkAboutMINUTES - 03151988 - S.3 S�3
TO: BOARD OF SUPERVISORS
FROM: Supervisor Tom Torlakson Contra
Costa
DATE: March 15, 1988 County
SUBJECT: REQUEST FOR REVIEW OF STRONGER LITTER CONTROL LEGISLATION
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECONIlIENDED ACTION: Refer to the Internal Operations Committee,
the Sheriff, County Counsel, and the County Administrator to:
( 1) pursue an amendment to the state Penal Code that would change
littering in the county right-of-way to a misdemeanor. This action
would increase the penalty for a conviction to six months in jail or a
$1000 fine.
( 2) request that our Municipal Court system add infraction
citations to Department of Motor Vehicle records, so that any unpaid
citations would have to be paid at the time of license renewal, before
a license could be issued.
( 3 ) request State legislature to hold hearings on the serious
problem of littering along county rural roads.
( 4) request a report from the Sheriff regarding instances in
which deputies are instructed to use Section 374. 3 of the Penal Code
when enforcing litter violations.
( 5) work with the county-wide Municipal Judges Association to
advise them of the seriousness of the litter problem on remote country
roads so they fully understand the financial impact of this problem to
the county as well as the blight to our beautiful countryside and
strongly urge them to penalize violators of this section accordingly.
BACKGROUND INFORMATION: Remote and isolated rural roads are
often the "dumping grounds" for unscrupulous entrepreneurs who often
take yard and garage cleaning jobs and get rid of the debris they
collect on these roads. Unfortunately, there are also thoughtless
people who dump their personal garbage or business refuse along the
county right of way. This thoughtlessness not only creates an eyesore
but clean-up is very costly for the county. If left, broken glass
often is a costly hazard to ranchers with cattle because cattle can
become seriously injured from broken glass.
The county needs an effective means to deal with recalcitrant
parties that continue to flagrantly disobey county ordinances and
those who have a flagrant disregard for our county' s natural
resources.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON March 15, 1988 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT II, III ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Internal Operations Committee ATTESTED AS 1919
Sheriff Phil Batchelor, Clerk of the hoard of
County CounselSupervisors and County Administrator
County Administrator
M382/7-98 BY DEPUTY
Litter Control
March 15, 1988
Page TWO
Littering was once a misdemeanor and the Sheriff ' s Department
received the monies, which went to offset the costs for enforcement.
If this offense was a misdemeanor again, then the District Attorney' s
Office could then become involved, and could request fines high enough
to recover county costs to pursue this type of action.
If a person does not pay the bail on a citation issued then they
would have to pay any fine due when applying for their license, before
a license would be issued.
There has been an outcry from residents of the rural areas of the
county for stronger litter ordinances. It was their hope that stiffer
fines and penalties would be a deterrent to those who habitually use
our beautiful but relatively isolated rural roads as their dumping
grounds.
I am requesting County Counsel and the Internal Operations Commit-
tee to pursue possible amendments to state law regarding litter.
This, however, is a very time consuming process and we need stronger
deterrents, now. While preparing that request, I discovered that
there may be at our disposal an interim means for stiffer penalties
for littering.
In researching this matter with County Counsel and the District
Attorney' s office, I discovered that a person could be convicted of
littering under section 374. 3 of the Penal Code.
Under this section, "a person, firm or corporation convicted of a
violation under this section shall be punished by a mandatory fine of
not less than $100 nor more than $1000 upon a first conviction, by a
mandatory fine of not less than. $500 nor more than $1000 upon a second
conviction and by a mandatory fine of not less than $750 nor more than
$1000 upon a third conviction. In addition to the fine imposed, the
court can require as a condition of probation that any person convict-
ed of a violation of this section pick up litter .at a time and place
within the jurisdiction of the court for not less than eight hours."
Until we can change the state law, if those caught littering in
the county right-of-way can be prosecuted using this statute, and we
have the full cooperation of the municipal court judges to levy the
highest fine as well as require clean-up, it might be a very effective
deterrent for those who might be inclined to litter our county roads.
TT:she
1.
PENAL CODE
� § 373a PENAL CODE
Note 1 into or upon which the public is a
ney's duties. Montgomery v. Superior Court of Solana 8. Injunction without the Consent of the owner, o
County(1975) 121 Cal.Rptr.44,46 C.A.3d 657. District attorney of Santa Barbara county was properly property designated or set aside fog
7. Double jeopardy enjoined pending termination of litigation from attempting that property.
Dapper v. Municipal Court, San Diego Judicial Dist. to frustrate power of United States to develop outer conti- It is unlawful to place,deposit
(1969) 81 Cal.Rptr. 340. 276 C.A.2d 816 [main volume] nental shelf by use of private leases to oil companies by Or dirt in or upon any private highv
certiorari denied 90 S.Ct. 2200, 399 U.S. 910, 26 L.Ed.2d threatening prosecutions of oil companies under this section any private property,without the c(
562,rehearing denied 91 S.Ct.25,400 U.S.855,27 L.Ed.2d malting it a misdemeanor to maintain public nuisance. Un-
93• ion Oil Co. of Cal. v. Miner (C.A.1970) 437 F.2d 408. property,without the consent of th(
or property.
§ 374. Definitions; littering; waste matter (!� Any person, firm, or corporal
day that waste placed, deposited,
(a) Littering means the willful or negligent throwing, dropping, placing, depositing, or sweeping, violation.
or causing any such acts, of any waste matter on land or water in other than appropriate storage fdl This section does not restrict
containers or areas designated for such purposes. un esss the placing-,Te-positing, or
(b) Waste matter means discarded, used, or leftover substance including, but not limited to, a health and safety hazard, a publ;
lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, department, local fire department(
trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any Forestry and Fire Protection, in w
nauseous or offensive matter of any kind,or any object likely to injure any person or create a traffic JejA person convicted of a viols
herd• less than one hundred dollars ($:
(Added by.Stats.1970, c. 1548, p. 3145, § 2.) conviction, by a mandatory fine c
thousand dollars ($1,000) upon a s(
1970 Legblation. 23111, 40512. 40512.5, and added Pen.C. §§ 374, 1463.9; hundred fifty dollars 750.nor mt
Stats.1970, c. 1348, which amended Health & S.C. Pub.Res.C. § 5008.7; and Veh.C. § 42001.7, declared in conviction.
12 that: '1is act may be cited as the McCarthy-Walsh
§ 13002; Pen.C. §§ 374b, 374c, 853.6; veh.C. §§ 1803, Act." The court may require,in ad(
probation and in addition to any 0
§ 374a. Littering or dumping waste matter; shooting on highways; rewards; payable from fines remove,or pay the cost of removin
to be dumped upon public or privi
' ' ' Eve erson giving ' ' ' information leading to the'arrest and conviction of any person for Except when the court requi:
a violation o ectton 374b or 374c ' ' ' is entitled to a reward therefor. responsible for dumping fig a con(
The amount of the reward for each such arrest and conviction shall be 50 percent of the fine levied upon a ' ' ' conviction, require
against an collected from the person who violated Section 374b or 374c and sal] be paid byWe probation,that any person convict.
court.—
If the rewardispayable to two or more ersons its all a ivi a equa y. a amount o place.within the jurisdiction of th(
co ecte fine to a pat under this section shall e alesprior to any distribution of the fine that ma (Formerly§ 374b,added by Stats.
be prescribed by any other section, inclu Ing Section 1463.9, with respect tote same lne. § 2; Stats.1933, C. 250, p.780, §
(Amended by Stats.1971, c. 1287, p. 2521, § 1.) Stats.1959, c. 41, p. 1896, § 1; S'
Stats.1973,c.592,p. 1115, § 2; St
1971 Amendment. Rewrote the first paragraph; and 1983, operative Jan. 1, 1984.
added the second paragraph.
1970 Amendment. Rewrote the begi.
§ 374b. Renumbered § 374.3 and amended by Stats.1987, c. 133, § 2 sentence; added the exception in the Seco;
added the third•fourth and fifth paragra
§ 374b.5. Renumbered § 374.4 and amended by Stats.1987, c. 133, § 3 graph was deleted in 1973].
Citation of 1970 act,see note under §
1980 few-1—don. Former§ 374b.5,added by Stats.1977,c. 1161, p. 3782, 1971 Amendment. Increased the mi:
§ 5, relating to similar subject matter, was repealed by "110.1 "325", and "550" to "$50", "S;
Stats.1980,c. 74,p. 190, § 2. respectively.
1973 Ameadmeat. Deleted concludi:
§ 374c. Shooting on public highways twining to abstracts of convictions.
1980 Amendment. Deleted from the fa
Notes of Dedalom wheel,that one person's head and hands were above the top ing"unlawful" the words"to litter or c
of the car and that highway on which defendant was an such property,or'; substituted at t
1. 1n general Y P Pe Y.
traveling was higher than shoulder of road where car was sentence "an infraction" for "e misdem
Evidence that defendant deliberately fired gun at automo- parked sustained convictions of assault with a deadly weap- third sentence in the first paragraph; i
bile staled on highway during daylight hours,that len front on and shooting on a public highway. People v. Lathus b which had read: "No portion
of car was jacked up off the ground with tire partly off the (1973) 110 Ca1.Rptr.921,35 C.A.3d 466. paragraph 8 P
be construed to restrict a private owner ii
private property, except that the plat
§ 374e. Renumbered § 374.7 and amended by Stats.1987,c. 133, § 4 dumping of such waste matter on such
§ 374.3. Dumping-, Public or private road orproperty; private owners; fine; picking up wast( create a public health and safety hazard
or a fire hazard,as determined by a local
(a) It is unlawful to dump or cause to be dumped any waste matter in or upon any public or private a local rare department or fire district,
higTiway or road,including any portion of the right-of-way thereof,or in or upon any private property
Asterisks ' ' ' Indicate deletl
Unoarline Indicates changes or addltlons by amendment j
294 i
t
PENAL CODE § 374.3
L CODE
into or upon which the public is admitted by easement or license, or upon any private property
without the consent of the owner, or in or upon any public park or other public property other than
kaa properly property designated or set aside for that purpose by the governing board or body having charge of
a attempting that property.
outer cs ti-
by {b1 It is unlawful to lace,deposit,or dump,or cause to be laced,deposited,or dumped,an rocks
ompania by ..�- _ P P P� P P P Y
r this section or in in or upon any private highway or road,including any portion of the right-of-way thereof, or
aisance. Un- any private property,without the consent of the owner,or in or upon any public park or other public
37 F.2d 409. property,without the consent of the state or local agency having jurisdiction over the highway,road,
or property.
W Any person, firm, or corporation violating ' ' ' this section is guilty of an infraction. Each
day that waste placed, deposited, or dumped in violation of this section remains is a separate
sweeping, violation.
.te storage
(d)This section does not restrict a private owner in the use of his or her own private property,
unless the placing, depositing, or dumping of the waste matter on the property creates a public
sited to, a health and safety hazard, a public nuisance, ar a fire hazard, as cFetermined by a local health
y garbage, department,local fire department or district providing fire protection services,or the Department of
atimal, any Forestry and Fire Protection, in which case ' ' ' this section a lies.
,te a traffic (e) A_ person convicted of a violation of this section shall be punished by a mandatory fine of not
Nan an one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first
conviction, by a mandatory fine of not less than five hundred dollars $( 500) nor more than one
j 374 1463.9; thousand dollars ($1,000) upon a second conviction, an-d by a mandatory Fine-of not less than seven
r. declared in hundred fif�y dollars $� 750j nor more than one thousand dollars($1,000)upon a third or subsequent
Canby-Wabb conviction.
I
t� The court may require,in addition to any fine imposed upon a conviction,that,as a condition of
probation and in addition to any other condition of probation, a person convicted under this section
from tinea remove,or pay the cost of removing,any waste matter which the convicted person dumped or caused
person for to be dumped upon public or private property.
r, Except when the court requires the convicted person to remove waste matter which he or she is
fine levied responsible for dumping as a condition of probation, the court may, in addition to the fine imposed
upon a ' ' ' conviction, require as a condition of probation, in addition to any other condition of
Paid t e probation,that any person convicted of a violation of this section pick up waste matter at a time and
amount of place,within the jurisdiction of the court ' ' ' for not less than eight hours
Mie that ma
same lne. (Formerly§ 374b, added by Stats.1929,c.889, p. 1969, § 1. Amended by Stats.1931,c.798, p. 1660,
§ 2; Stats.1933, c. 250, p. 780, § 1; Stats.1939, c. 355, p. 1689, § 1; Stats.1941, c. 809, p. 2359, § 1;
Stats.1959, c. 41, p. 1896, § 1; Stats.1970, c. 1548, p. 3145, § 3; Stats.1971, c. 1287, p. 2521, § 2;
Stats.1973,c.592,p. 1115,§ 2; Stats.1980,c.74,p. 189,§ 1; Stats.1983,c. 1092, § 272,eff.Sept.27,
1983, operative Jan. 1, 1984. Renumbered § 374.3 and amended by Stats.1987, c. 133, § 2.)
1970 Amendment. Rewrote the beginning of the first Forestry in which case the provisions of this section shall
sentence; added the exception in the second paragraph; and apply"; inserted the fourth paragraph; added the exception
added the third,fourth and fifth paragraph{the filth para- at the beginning of the fifth paragraph; and in the last
graph was deleted in 19731. paragraph substituted"waste matter"for`litter".
Citation of 1970 act,see note under § 374. 1483 Amendment. Increased the minimum fine for a first
1161, p. 3782, 1971 Amendment. Increased the minimum fines from conviction from S50 to S1o0; increased the maximum fine
repealed by "510" "525", and "$50" to "S50", "5100", and "S150", for a first conviction from 5500 to $1,000; increased the
respectively. minimum fine for a second conviction from $100 to$200;
1973 Amendment. Deleted concluding paragraph per- increased the maximum fine for a second conviction from
taining to abstracts of convictions. $500 to$1,000; increased the minimum fine for a third or
subsequent conviction from 5150 to$300; and increased the
above the top 1980 Amendment. Deleted from the first sentence follow- maximum fine for a third or subsequent conviction from
efendant was ing"unlawful" the words"to litter or cause to be littered $500 to$1,000.
rhere car was any such property,or"; substituted at the end of the first
deadly weap. sentence "an infraction" for "a misdemeanor'; added the 1987 Legislation
ple v. Lathes third sentence in the first paragraph; rewrote the second 'ne 1987 amendment, in addition to renumbering the
paragraph which had read: "No portion of this section shall section,raised the minimum fines for second and subsequent
be construed to restrict a private owner in the use of his own offenses; permitted a court to require a person convicted to
j private property, except that the placing, depositing, or pick up waste for at least eight hours following even the first
dumping of such waste matter on such property shall not conviction, rather than four hours following the second
9 up waste create a public health and safety hazard,a public nuisance, conviction and eight hours following the third or subsequent
or a rite hazard,as determined by a local licalth department, conviction; inserted subdivision designations(a)to(g); and
C or private ( a local rite department or fire district, or the Division of made non-substantive changes.
to property Asterisks ` • Indicate deletions by amendment
mendment 295
. u
§ 374.3 PENAL CODE PENAL CODE
Cross References Fines and forfeitures,disposition,see§ 1463.9. 1970 Amendment. Rewrote tht
sentence and added the second,thin
Arrest,notice to appear and bail,see § 853.6. Report of convictions,see Vehicle Code§ 1803. (The fourth paragraph was deleted
Citation of 1970 act,see note un
§ 374.4. Littering; fine; picking up litter Report of convictions,see Vehicl
1973 Amendment. Deleted the
It is unlawful to litter or cause to be littered in or upon any public or private property. Any required the preparation of an abs(
person, firm, or corporation violating ' ' ' this section is guilty of an infraction. 1983 Amendment. Increased the
conviction from$10 to S201, increas
This section does not restrict a private owner in the use of his or her own property, unless the a first conviction from 5500 to SO
littering of waste matter on the property creates a public health and safety hazard,a public nuisance, mum fine for a second convit tioi
or a fire hazard, as determined by a local health department, local fire department or district creased the maximum fine for a
providing fire protection services, or the Department of Forestry and Fire Protection, in which case 5500 to$1,000; increased the mini
' this section a lies. subsequent offense from S50 to $
As used in this section, "litter" means the discarding, dropping, or scattering of small
quantities of waste matter ordinarily carried on or about the person, including, but not limited to, § 375. Places of public ass
beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in ration; punishme
a place other than a place or container for the proper disposal thereof, and including waste matter a It shall be unlaN
which escapes or is allowed to escape from a container, receptacle, or package. attempt two throw, drop, you
(dam person, firm, or corporation convicted of a violation of this section shall be punished by a restaurant, place of busines
mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars gaseous or solid substance
($1,000)upon a first conviction, by a mandatory fine of not less than five hundre dollars gLOD nor nauseous, sickening, irritant
more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not LbJ It shall be unlaw
less than seven hundred fid dollars jjj5D nor more than one thousand dollars($1,000)upon a third
or subsequent conviction. substance or matter of any
irritating or offensive, to c
Ue The court may,in addition to the fine imposed upon a' ' 'conviction,require as a condition of discharge or expose the sarr
probation, in addition to any other condition of probation, that any person convicted of a violation of amusement, or any other pl;
this section pick up litter at a time ,nd place within the jurisdiction of the court ' ' ' for not less
� than eight hours ' ' '. ' ' .' � Any person viol
the county jail for not less t
(Formerly § 37'h.5, added by Stats.1980, c. 74, p. 190, § 3. Amended by Stats.1983, c. 1092, § 273, than five hundred dollars ($
eff. Sept. 27, 1.._:3, operative Jan. 1, 1984. Renumbered § 374.4 and amended by Stats.1987, c. 133, fine and imprisonment.
§ 3.) ' ' ' J�j Any person who,
1983 Amendment. Increased the fine for a first convic• person convicted to pick up litter for at least eight hours employs or uses any liqui(
tion from $10 to S20; increased the minimum fine for a following even the first conviction, rather than four hours permanent injury through b
second conviction from S25 to$50; increased the maximum following the second conviction and eight following the f the provisions of subdivis
fine for a second conviction from 5500 to S1,000; increased third or subsequent conviction; inserted subdivision designo
• p
the minimum fine for a third or subsequent conviction from tions(a)to(e); and made non-substantive changes. or any of the combinations
S50 to S1o0; and increased the maximum fine for a third or Derivation: Former § 374b.5, added by Stats.1977, c. shall be guilty of a felony t:
subsequent conviction from $500 to 51,000. 1161,p. 3782, § 5. (Amended by Stats.1976, c.
1987 Legislation Library References § 123; Stats.1981, c. 714, p.
The 1987 amendment, in addition to renumbering the Highways 4---163(l).
section, raised the fines; permitted a court to require a C.I.S. Highways§ 230. 1976 Amendment. Inserted ir.
(S2,000)"and deleted from the end
§ 374.7. Littering waters or shore; fine; picking up litter than one year and not more than
1978 Amendment. Deleted at t
(a) Every person who litters or causes to be littered,or dumps ' ' ' or causes to be dumped, any "Penalty.".
waste matter into any bay, lagoon, channel, river, creek, slough, canal, lake or reservoir, or other
stream or body of water, or upon a bank, beachr or shore within 150 feet of&high water mark of
any stream or body of water, is guilty of a misdemeanor. § 380. Toluene, sale or di
Every person convicted of a violation of subdivision (a) shall be punished by a mandatory fine (a) Every person who s
of not less than one hundred dollars $( 100) nor more t ,none thousand dollars ($1,000) upon a first containing toluene, to any p
conviction, by amandatory fine of not -ass than five hundred dollars $( 500) nor more than one and upon conviction shall bt
thousand dollars ($1,000) upon a second conviction, ani y�ndatory to-e of not less than seven than two thousand five hu(
hundred fifty dollars 215D nor more than one thousand dollars($1,000) upon a third or subsequent more than one year.
conviction. (b) The court shall order
(c) The court may,in addition to the fine imposed upon a' ' ' conviction,require as a condition of person who knowingly viol:
pro ation, in addition to any other condition of probation, that any person convicted of a violation of convicted of a violation of t
subdivision a,pick up litter at a time and place within the jurisdiction of the court' ' ' for not less good faith attempt to pre
tan etg t ours' ' subdivision shall become oI;
(Formerly § 374e, added by Stats.1965, c. 1068, p. 2714, § 1. Amended by Stats.1970, c. 1548, p: (c) The provisions of this
3146, § 3.5; Stats.1973, c. 592, p. 1116, § 3; Stats.1983, c. 1092, § 274, eff. Sept. 27, 1983, operative glue, cement, dope, paint t
Jan. 1, 1984. Renumbered § 374.7 and amended by Stats.1987, c. 133, § 4.)
Underline Indicates changes or additions by amendmentAsterisks ' ' Indicate C
t
296 1
i
PENAL CODE
§ 373a PENAL CODE
Note 1 into or upon which the public is a,
ney's duties. Montgomery v. Superior Court of Solano 8. Injunction without the consent of the owner, o,
County(1975) 121 Cal.Rptr.44,46 C.A.3d 657. District attorney of Santa Barbara county was properly property designated or set aside for
7. Double jeopardy enjoined pending termination of litigation from attempting that property.
Dapper v. Municipal Court, San Diego Judicial Dist. to frustrate power of United States to develop outer conti- (b) It is unlawful to place,(deposit,
(1969) 81 Cal.Rptr. 340. 276 C.A.2d 816 [main volume] nental shelf by use of private leases to oil companies by or dirt in or upon any private highw
certiorari denied 90 S.Ct. 2200, 399 U.S. 910; 26 L.Ed.2d threatening prosecutions of oil companies under this section private property,without the co:
562,rehearing denied 91 S.Ct.25,400 U.S.855,27 L.Ed.2d making it a misdemeanor to maintain public nuisance. Un- any p p p y'
93.. ion oil Co. of Cal. v. Miner (C.A.1970) 437 F.2d 408. property,without the consent of the
or property.
§ 374. Definitions; littering; waste matter Le) Any person, firm, or corporat!
day that-waste placed, deposited,
(a) Littering means the willful or negligent throwing, dropping, placing, depositing, or sweeping, violation.
or causing any such acts, of any waste matter on land or water in other than appropriate storage this section does not restrict
containers or areas designated for such purposes.
unless the placing, epositing, or t
(b) Waste matter means discarded, used, or leftover substance including, but not limited to, a health and safety hazard, a public.
- - lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, department, local fire department o
trash, refuse, paper, container, packaging'or construction material, carcass of a dead animal, any Forestry and Fire Protection, in wl
nauseous or offensive matter of any kind,or any object likely to injure any person or create a traffic (e) A person convicted of a violas
hazard.
less than one hundred dollars ($1
(Added by.Stats.1970, c. 1548, p. 3145, § 2.) conviction, by a mandatory fine o
thousand dollars ($1,000)upon a se
1970 LeQlslatlon. 23111, 40512, 4051Z.5, and added Pen.C. ¢§ 374, 1463.9; hundred fid dollars JM_ mo
Suts.1970, c. 1548, which emended Health & S.C. Pub.Res.C. § 5008.7; and Veh.C. § 42001.7, declared in conviction.
§ 12 that: '"Chis act may be cited as the McCarthy-Walsh
¢ 13002; Pen.C. §¢.374b, 374c, 853.6; Veh.C. §§ 1803, Act, t� The court may require,in add
probation and in addition to any of
i § 374a. Littering or dumping waste matter; shooting on highways; rewards; payable from fines remove,or pay the cost of relpovini
i to be dumped upon public or priva
' ' ' Eve person giving' ' ' information leading to the'arrest and conviction of any person for Except when the court requir
a violation o ectfon 374b or 374c ' '.' is entitled to a reward therefor. responsible for dumping as a'cond
The amount of the reward for each such arrest and conviction shall be 50 percent of the fine levied upon a ' ' ' conviction, require n
against an collected from the erson who violate action 374 or 374c an shall a at t e probation,that any person convicts
court. f the rewardis a able to two or more persons, it shall a divided equally. a amount of place within the jurisdiction of the
col este fine to be paid under this section sha 1 e aid nor to an distribution of the fine that may (Formerly§ 374b,added by Stats.]
be prescribed by any other section, including Section 1463.9, wit respect tote same fine. § 2; Stats.1933, c. 250, p.780, § 1
(Amended by Stats.1971, c. 1287, p. 2521, § 1.) Stats.1959, c..41; p. 1896, § 1; St
Stats.1973,c.592,p. 1115, § 2; Ste
197! Amendment. Rewrote the first paragraph; and
1983, operative Jan. 1, 1984.
added the second paragraph. . P
1970 Amendment. Rewrote the begin
§ 374b. Renumbered § 374.3 and amended by Stats.1987, c. 133, § 2 sentence, added the exception in the secon
added the third, fourth and fifth paragrap
§ 374b.5. Renumbered § 374.4 and amended by Stats.1987, c. 133, § 3 graph was deleted in 1973).
Citation of 1970 act,see note under§
1980 Legislation. Former§ 374b.5,added by Stats.1977,c. 1161, p. 3782, 1971 Amendment. Increased the min
§ 5, relating to similar subject matter, was repealed by "S10" "S25", and W. to
Stats.1980,c. 74,.p. 190,§ 2. respectively.
1973 Amendment. Deleted concludin
§ 374c. Shooting on public highways twining to abstracts of convictions.
1980 Amendment Deleted from the fir.
Notes of Decisions wheel,that one person's head and hands were above the top ing"unlawful" the words"to litter or ca
of the car and that highway on which defendant was
1. Io general any such property, or'; substituted at th
traveling was higher than shoulder of road where car was sentence "en infraction" for "a misdeme:
Evidence that defendant deliberately fired gun at automo- parked sustained convictions of assault with a deadly weap- third sentence in the first paragraph; re
bile stalled on highway during daylight hours,that left front on and shooting on a public highway. People v. Lathus th which had read: "No portion e
of car was jacked up off the ground with tire partly off the (1973) 110 Cal.Rptr.921, 35 C.A.3d 466. paragraph B P
be construed to restrict a private owner in
private property, except that the plasia
§ 374e. Renumbered § 374.7 and amended by Stats.1987,c. 133, § 4
dumping of such waste matter on such 1
§ 374.3. Dumping-, public or private road or property; private owners; fine; picking up wastecreate a public health and safety hazard,.'
or a fire hazard,as determined by a local I
(a) It is unlawful to dump or cause to be dumped any waste matter in or upon any public or private a local fire department or fare district, c
highway or road,including any portion of the right-of-way thereof,or in or upon any private property I Asterisks ' ' ' Indicate deletio
Unoarline Indicates.changes or additions by amendment j
294
L CODE PENAL CODE § 374.3
into or upon which the public is admitted by easement or license, or upon any private property
without the consent of the owner,or in or upon any public park or other public property other than
Has properly property designated or set aside for that purpose by the governing board or body having charge of
n attempting that property.
outer conti-
oouter s by (b) It is unlawful to place,deposit,or dump,or cause to be placed,deposited,or dumped,any rocks
r this section or 1rt in or upon any private highway or road,including any portion of the right-of-way.thereof, or
iisance. Un- any private property, without the consent of the owner,or in or upon any public park or other public
17 F.2d 4og. property,without the consent of the state or local agency having jurisdiction over the highway,road,
or property.
W Any person, firm, or corporation violating ' ' ' this section is guilty of an infraction. Each
day that waste placed, deposited, or dumped in violation of this section remains is a separate
sweeping, violation.
to storage
(dhT_his section does not restrict a private owner in the use of his or her own private property,
unless the placing, depositing, or dumping of the waste matter on the property creates a public
sited to, a health and safety hazard, a public nuisance, ora fire hazard, as determined by a local health
f garbage, department, local fire department or district providing fire protection services,or the Department of
nimal, any Forestry and Fire Protection, in which case ' ' ' this section applies.
to a traffic
A person convicted of a violation of this section shall be punished by a mandatory fine of not
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first
conviction, by a mandatory fine of not less than five hundred dollars $500 nor more than one
374 14639; thousand dollars ($1,000) upon a second conviction, ant by a mandatory fine of not less than seven
i declared in hundred fifty dollars 750 nor more than one thousand dollars($1,000)upon a third 0r subsequent
:arthy.watah conviction.
I
The court may require,in addition to any fine imposed upon a conviction,that,as a condition of
` pro ation and in addition to any other condition of probation, a person convicted under this section
from tinea remove,or pay the cost of removing,any waste matter which the convicted person dumped or caused
person for to be dumped upon public or private property.
(gl Except when the court requires the convicted person to remove waste matter which he or she is
none levied responsible for dumping as a condition of probation, the court may, in addition to the fine imposed
fine a ' ' ' conviction, require as a condition of probation, in addition to any other condition of
probation,that any person convicted of a violation of this section pick up waste matter at a time and
f amount 0 place within the jurisdiction of the court ' ' ' for not less than eight hours
e that ma
tame fine, (Formerly§ 374b,added by Stats.1929,c.889,p. 1969, § 1. Amended by Stats.1931,c.798, p. 1660,
§ 2; Stats.1933, c. 250, p. 780, § 1; Stats.1939, c. 355, p. 1689, § 1; Stats.1941, c. 809, p. 2359, § 1;
Stats.1959, c. 41, p. 1896, § 1; Stats.1970, c. 1548, p. 3145, § 3; Stats.1971, c. 1287, p. 2521, § 2;
Stats.1973,c.592,p. 1115, § 2; Stats.1980,c.74,p. 189, § 1; Stats.1983,e. 1092, § 272,eff.Sept. 27,
1983, operative Jan. 1, 1984. Renumbered § 374.3 and amended by Stats.1987, c. 133, § 2.)
1970 Amendment. Rewrote the beginning of the first Forestry in which case the provisions of this section shall
sentence; added the exception in the second paragraph; and apply'; inserted the fourth paragraph; added the exception
added the third,fourth and fifth paragraph[the fifth para- at the beginning of the fifth paragraph; and in the last
graph was deleted in 19731, paragraph substituted"waste matter"for'litter'.
Citation of 1970 act,see note under§ 374. 1983 Amendment. Increased the minimum fine for a first
'161,p. 3782, 1971 Amendment. Increased the minimum fines from conviction from$50 to SIOO; increased the maximum fine
repealed by "SIO" "125 and "550" to "150", '1100", and "5130", for a first conviction from 5500 to 51,000; increased the
respectively. minimum fine for a second conviction from $100 to$200;
? 1973 Amendment. Deleted concluding paragraph per- increased the maximum fine for a second conviction from
taming to abstracts convictions. $500 to SI,000; increased the minimum fine for a third or
subsequent conviction from$150 to 5300; and increased the
above the top1980 Amendment. Deleted from the first sentence follow- maximum fine for a third or subsequent conviction from
efendant was ing"unlawful" the words"to fitter or cause to be littered 5500 to$1,000.
there car was any such property,or"; substituted at the end of the first
deadly weep- sentence "an infraction" for "a misdemeanor"; added the 1987 legislation
Pie v. Lathus third sentence in the first paragraph; rewrote the second The 1987 amendment, in addition to renumbering the
paragraph which had read: "No portion of this section shall section,raised the minimum fines for second and subsequent
be construed to restrict a private owner in the use of his own offenses; permitted a court to require a person convicted to
j private property, except that the placing, depositing, or pick up waste for at least eight hours following even the first
dumping of such waste matter on such property shall not conviction, rather than four hours following the second
r create a public health and safety hazard,a public nuisance, conviction and eight hours following the third or subsequent
P wilt! or a ire hazard,as determined b a local health department, conviction; inserted subdivision designations a to
Y P g ( ) (g); and
e or private a local ire department or fire district, or theDivision of made non-substantive changes.
to property Asterisks ' Indicate deletions by amendment
amendment 295
§ 374.3 PENAL CODE PENAL CODE
Cross References Fines and forfeitures,disposition,see§ 1463.9. 1970 Amendment. Rewrote the
Arrest, notice to appear and bail,see§ 853.6. Report of convictions,sec Vehicle Code§ 1803. sentence and added the second,third
[The fourth paragraph was deleted i
Citation of 1970 act,see note un(
§ 374.4. Littering; fine; picking up litter Report of convictions,see vehicle
1973 Amendment. Deleted the t
(a) It is unlawful to litter or cause to be littered in or upon any public or private property. Any required the preparation of an abstl'
person, firm, or corporation violating ' ' this section is guilty of an infraction. 1983 Amendment. Increased the
conviction from 810 to S20; increase
(b)This section does not restrict a private owner in the use of his or her own property, unless the a first conviction from 5500 to S1,0
littering of waste matter on the property creates a public health and safety hazard,a public nuisance, mum fine for a second conviction
or a fire hazard, as determined by a local health department, local fire department or district creased the maximum fine for a
providing fire protection services, or the Department of Forestry and Fire Protection, in which case $500 to S1,000; increased the mini:
this section applies. subsequent offense from S50 to S!
(c) As used in this section, "litter" means the discarding, dropping, or scattering of small
quantities of waste matter ordinarily carried on or about the person, including, but not limited to, § 375. Places of public assn
beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in ration; punish mei
a place other than a place or container for the proper disposal thereof, and including waste matter It shall be unla�i
which escapes or is allowed to escape from a container, receptacle, or package.
attempt to throw, drop, pour
(d) A person, firm, or corporation convicted of a violation of this section shall be punished by a restaurant, place of busines,
mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars gaseous or solid substance r.
($1,000 upon a first conviction, by a mandatory fine of not less than five hundred dollars (J500) nor nauseous, sickening, irritatin
more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not
less than seven hundred fifty dollars $750 nor more than one thousand dollars($1,000)upon a third It shall be unlawf.
or subsequent conviction. substance or matter of any 1
irritating or offensive, to a
(e) The court may,in addition to the fine imposed upon a'. ' conviction,require as a condition of discharge or expose the sam,
probation, in addition to any other condition of probation, that any person convicted of a violation of amusement, or any other phi
this section pick up litter at a time and place within the jurisdiction of the court ' ' ' for not less
than eight hours ' ' '. ' .' (cc) Any person viola
i (Formerly § 37.4b.5, the counth.5, added by Stats.1980, c.74, p. 190, § 3. Amended by Stats.1983, c. 1092, § 273, hail for not less tl
eff. Sept. 27, 1..� than five hundred dollars W.
operative Jan. 1, 1984. Renumbered § 374.4 and amended by Stats.1987, c. 133, fine and imprisonment.
1 § 3) ' ' '(�j Any person who,
1983 Amendment. Increased the fine for a first convic- person convicted to pick up litter for at least eight hours employs or uses any liquitl
tion from S10 to S20; increased the minimum fine for a following even the first conviction, rather than four hours permanent injury through bt.
i second conviction from S25 to S50; increased the maximum following the second conviction and eight following the
fine for a second conviction from S500 to 51,000; increased third or subsequent conviction; inserted subdivision design• of the provisions of Subdivis:
the minimum fine for a third or subsequent conviction from tions(a)to(e); and made non-substantive changes. or any of the combinations i
$50 to S100; and increased the maximum fine for a third or Derivation: Former § 374b.5, added by Stats.1977, c. shall be guilty of a felony ai
subsequent conviction from$500 to$1,000. 1161,p. 3782, § 5. (Amended by Stats.1976, c. .1
I 1987 Legislation Library References § 123; Stats.1981, e. 714, p.
The 1987 amendment, in addition to renumbering the Highways x163(1).
} section, raised the fines; permitted a court to require a C.I.S. Highways§ 230. 1976 Amendment. Inserted in
(52.000)"and deleted from the end
§ 374.7. Littering waters or shore; fine; picking up litter than one year and not more than .
1978 Amendment. Deleted at 0.1
(aa) Every person who litters or causes to be littered,or dumps ' ' ' or causes to be dumped, any "Penalty.".
i waste matter into any bay, lagoon, channel, river, creek, slough, canal, lake or reservoir, or other
stream or body of water, or upon a bank, beach,or shore within 150 feet of t�te high water mark of
any stream or body of water, is guilty of a misdemeanor. § 380. Toluene, sale or dk
(b) Every person convicted of a violation of subdivision(aa)shall be punished by a mandatory fine (a) Every person who so
of not less than one hundred dollars $100 nor more than one thousand dollars ($1,000) upon a first containing toluene, to any p(
conviction, by a ma�atory fine of not ess than fire hundred dollars ($500) nor more than one and upon conviction shall be
thousand dollars ($1,000) upon a second conviction, anc-iy a mandatorylnf i of not less than seven than two thousand five hun
hundred fifty dollars $( 750) nor more than one thousand dollars($1,000)upon a third or subsequent more than one year.
conviction. (b) The court shall order
(c� The court may,in addition to the fine imposed upon a' ' ' conviction,require as a condition of person who knowingly viols.
probation, in addition to any other condition of probation, that any person convicted of a violation of convicted of a violation of 0
subdivision(a),pickup litter at a time and place within the jurisdiction of the court' ' for not less good faith attempt to pre,
t an etg t ours' subdivision shall become op<
(Formerly § 374e, added by Stats.1965, c. 1068, p. 2714, § 1. Amended by Stats.1970, c. 1548, p: (c) The provisions of this
3146, § 3.5; Stats.1973, c. 592, p. 1116, § 3; Stats.1983, c. 1092, § 274, eff. Sept. 27, 1983, operative glue, cement
Jan. 1, 1984. Renumbered § 374.7 and amended by Stats.1987, c. 133, § 4.) g dope,e
, paint fl,
Underline Indicates changes or additions by amendment Asterisks •.• • Indicate di
296 S
i