AB 1767, as introduced, Holden. Santa Monica Mountains Conservancy: property destruction: fines.
Existing law establishes the Santa Monica Mountains Conservancy in the Natural Resources Agency, and prescribes the membership, functions, and duties of the conservancy with regard to the preservation, protection, and management of specified lands in the Santa Monica Mountains. Existing law makes it a misdemeanor to dump any refuse matter, except pursuant to a specified permit, on property owned or managed by the conservancy, and posted against that dumping, or to injure, deface, or destroy any property owned or managed by the conservancy, and makes those crimes punishable by a fine of not more than $1,000, or imprisonment in the county jail for not more than 6 months, or both that fine and imprisonment.
This bill would increase the maximum fine for those crimes to $1,500.
Existing law also makes a violation of the posted conditions of use on any property owned or managed by the conservancy a misdemeanor punishable by imprisonment in the county jail not exceeding 90 days, or by a fine of not more than $1,000, or by both that fine and imprisonment, but provides that the judge may reduce the charged offense to an infraction, punishable by a fine of not less than $100, nor more than $500.
This bill would increase the maximum fine for a misdemeanor violation to $1,500 and would increase the fine for an infraction to not less than $250, nor more than $750.
The bill would also require that the revenues from all of those fines be deposited into the Santa Monica Mountains Conservancy Fund, and used, upon appropriation, to pay the costs of any necessary property repairs or clean up related to those violations, with any remaining funds to be used by the conservancy to award specified resource conservation and park grants.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 33211.6 of the Public Resources Code
2 is amended to read:
(a) Dumping any refuse matter, except by permit
4signed by the executive director or the executive director’s
5authorized representative, on property owned or managed by the
6conservancy, and posted against that dumping, shall be a
7misdemeanor punishable by a fine of not more than one thousand
8begin delete dollars ($1,000)end deletebegin insert five hundred dollars ($1,500)end insert, or imprisonment
9in the county jail for not more than six months, or both that fine
10and imprisonment.
11(b) Injuring, defacing, or destroying any property owned or
12managed by the conservancy or any of the
natural features thereof,
13shall be a misdemeanor punishable by a fine of not more than one
14thousandbegin delete dollars ($1,000)end deletebegin insert five hundred dollars ($1,500)end insert, or
15imprisonment in the county jail for not more than six months, or
16both that fine and imprisonment.
17(c) Violation of the posted conditions of use on any property
18owned or managed by the conservancy is a misdemeanor
19punishable by imprisonment in the county jail not exceeding 90
20days, or by a fine not exceeding one thousandbegin delete dollars ($1,000)end deletebegin insert five
21hundred dollars ($1,500)end insert, or by both that fine and imprisonment,
22except that at
the time a particular action is commenced, the judge
23may, considering the recommendation of the prosecuting attorney,
24reduce the charged offense from a misdemeanor to an infraction.
25Any person convicted of the offense after such a reduction shall
26be punished by a fine of not less thanbegin delete one hundred dollars ($100)end delete
P3 1begin insert two hundred fifty dollars ($250)end insert, nor more thanbegin delete five hundred dollars begin insert seven hundred fifty dollars ($750)end insert.
2($500)end delete
3(d) Any revenues from the fines imposed pursuant to this section
4shall be deposited into
the fund and used, upon appropriation by
5the Legislature, to pay the costs of any necessary property repairs
6or clean up related to a violation of this section, with any
7remaining funds to be used by the conservancy to award grants
8authorized by Section 33204.
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