AB 144, as amended, Mathis. Dumping.
Existing law prohibits dumping waste matter in or upon a public or private highway or road, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction.
This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rdbegin delete orend delete
conviction. The bill would make abegin delete fourthend deletebegin insert 4thend insert or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000.
By changing the definition of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 374.3 of the Penal Code is amended to
2read:
(a) It is unlawful to dump or cause to be dumped waste
4matter in or upon a public highway or road, including any portion
5of the right-of-way thereof, or in or upon private property into or
6upon which the public is admitted by easement or license, or in or
7upon a public park or other public property other than property
8designated or set aside for that purpose by the governing board or
9body having charge of that property.
10(b) It is unlawful to place, deposit, or dump, or cause to be
11placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in
12or upon a private highway or road, including any portion of the
13right-of-way of the private highway or road, or
private property,
14without the consent of the owner or a contractor under contract
15with the owner for the materials, or in or upon a public park or
16other public property, without the consent of the state or local
17agency having jurisdiction over the highway, road, or property.
18(c) A person violating subdivision (a) or (b) is guilty of an
19infraction. Each day that waste placed, deposited, or dumped in
20violation of subdivision (a) or (b) remainsbegin insert unabatedend insert is a separate
21violation.
22(d) This section does not restrict a private owner in the use of
23his or her own private property, unless the placing, depositing, or
24dumping of the waste matter on the property creates a public health
25and safety
hazard, a public nuisance, or a fire hazard, as determined
26by a local health department, local fire department or district
P3 1providing fire protection services, or the Department of Forestry
2and Fire Protection, in which case this section applies.
3(e) A person convicted of a violation of subdivision (a) or (b)
4shall be punished by a mandatory fine of not less than two hundred
5fifty dollars ($250) nor more than one thousand dollars ($1,000)
6upon a first conviction, by a mandatory fine of not less than five
7hundred dollars ($500) nor more than one thousand five hundred
8dollars ($1,500) upon a second conviction, and by a mandatory
9fine of not less than seven hundred fifty dollars ($750) nor more
10than three thousand dollars ($3,000) upon a third or subsequent
11conviction. If the court finds that the waste matter placed,
12deposited, or dumped was used
tires, the fine prescribed in this
13subdivision shall be doubled.
14(f) The court may require, in addition to any fine imposed upon
15a conviction, that, as a condition of probation and in addition to
16any other condition of probation, a person convicted under this
17section remove, or pay the cost of removing, any waste matter
18which the convicted person dumped or caused to be dumped upon
19public or private property.
20(g) Except when the court requires the convicted person to
21remove waste matter which he or she is responsible for dumping
22as a condition of probation, the court may, in addition to the fine
23imposed upon a conviction, require as a condition of probation, in
24addition to any other condition of probation, that a person convicted
25of a violation of this section pick up waste
matter at a time and
26place within the jurisdiction of the court for not less than 12 hours.
27(h) (1) A person who places, deposits, or dumps, or causes to
28be placed, deposited, or dumped, waste matter in violation of this
29section in commercial quantities shall be guilty of a misdemeanor
30punishable by imprisonment in a county jail for not more than six
31months and by a fine. The fine is mandatory and shall amount to
32not less than one thousand dollars ($1,000) nor more than three
33thousand dollars ($3,000) upon a first conviction, not less than
34three thousand dollars ($3,000) nor more than six thousand dollars
35($6,000) upon a second conviction, and not less than six thousand
36dollars ($6,000) nor more than ten thousand dollars ($10,000) upon
37a third or subsequent conviction.
38(2) “Commercial quantities” means an amount of waste matter
39generated in the course of a trade, business, profession, or
40occupation, or an amount equal to or in excess of one cubic yard.
P4 1This subdivision does not apply to the dumping of household waste
2at a person’s residence.
3(i) (1) A person who places, deposits, or dumps, or causes to
4be placed, deposited, or dumped, waste matter upon private
5property, including on any private highway or road, without the
6consent of the owner
shall be punished by a fine. The fine is
7mandatory and shall amount to not less than two hundred fifty
8dollars ($250) nor more than one thousand dollars ($1,000) upon
9a first conviction, not less than five hundred dollars ($500) nor
10more than one thousand five hundred dollars ($1,500) upon a
11second conviction, and not less than seven hundred fifty dollars
12($750) nor more than three thousand dollars ($3,000) upon a third
13conviction. Upon a fourth or subsequent conviction, the person is
14guilty of a misdemeanor punishable by imprisonment in a county
15jail for not more than 30 days and by a fine of not less than seven
16hundred fifty dollars ($750) nor more than three thousand dollars
17($3,000).
18(2) If the court finds that the waste matter placed, deposited,
19or dumped includes used tires, the fine prescribed in this
20subdivision
shall be doubled. A separate fine in the same amount
21as initially imposed shall accrue for each day that waste placed,
22deposited, or dumpedbegin delete remainingend deletebegin insert remainsend insert unabated, but no
23additional conviction for the purposes of punishments in paragraph
24(1) shall arise for the same act. For the fourth or subsequent
25violation, each day that waste placed, deposited, or dumped remains
26shall not result in the accrual of a separate fine or violation for the
27purposes of punishments in paragraph (1).
28(j) For purposes of this section, “person” means an individual,
29trust, firm, partnership, joint stock company, joint venture, or
30corporation.
31(k) Except in unusual cases where the interests of justice would
32be best served by waiving or reducing a fine, the minimum fines
33provided by this section shall not be waived or reduced.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P5 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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