AB 144,
as amended, Mathis. begin deletePeace officers. end deletebegin insertDumping.end insert
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.
end insertbegin insertThis bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and 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.
end insertbegin insertBy changing the definition of a crime, the bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law requires the Department of Justice to notify a state or local agency employing a peace officer authorized to carry a firearm if a peace officer is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law.
end deleteThis bill would make a technical, nonsubstantive change to that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 374.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
(a) It is unlawful to dump or cause to be dumped waste
4matter in or upon a publicbegin delete or privateend delete highway or road, including
5any portion of the right-of-way thereof, or in or upon private
6property into or upon which the public is admitted by easement or
7license,begin delete or upon private property without the consent of the owner,end delete
8 or in or upon a public park or other public property other than
9property designated or set aside for that purpose by the governing
10board or body having charge of that property.
11(b) It is unlawful to place, deposit, or dump, or cause to be
12placed,
deposited, or dumped, rocks, concrete, asphalt, or dirt in
13or upon a private highway or road, including any portion of the
14right-of-way of the private highway or road, or private property,
15without the consent of the owner or a contractor under contract
16with the owner for the materials, or in or upon a public park or
17other public property, without the consent of the state or local
18agency having jurisdiction over the highway, road, or property.
19(c) A person violatingbegin delete this sectionend deletebegin insert subdivision (a) or (b)end insert is guilty
20of an infraction. Each day that waste placed, deposited, or dumped
21in violation of subdivision (a) or (b) remains is a separate violation.
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
P3 1by a local health department, local fire department or district
2providing fire protection services, or the Department of Forestry
3and Fire Protection, in which case this section applies.
4(e) A person convicted of a violation ofbegin delete this sectionend deletebegin insert subdivision
5(a) or (b)end insert shall be punished by a mandatory fine of not less than
6two hundred fifty dollars ($250) nor more than one thousand dollars
7($1,000) upon a first conviction, by a mandatory fine of not less
8than five hundred dollars ($500) nor more than one thousand five
9hundred dollars
($1,500) upon a second conviction, and by a
10mandatory fine of not less than seven hundred fifty dollars ($750)
11nor more than three thousand dollars ($3,000) upon a third or
12subsequent conviction. If the court finds that the waste matter
13placed, deposited, or dumped was used tires, the fine prescribed
14in this subdivision shall be doubled.
15(f) The court may require, in addition to any fine imposed upon
16a conviction, that, as a condition of probation and in addition to
17any other condition of probation, a person convicted under this
18section remove, or pay the cost of removing, any waste matter
19which the convicted person dumped or caused to be dumped upon
20public or private property.
21(g) Except when the court requires the convicted person to
22remove waste matter which he or she is responsible for dumping
23as a condition of probation, the court may, in addition to the fine
24imposed upon a
conviction, require as a condition of probation, in
25addition to any other condition of probation, that a person convicted
26of a violation of this section pick up waste matter at a time and
27place within the jurisdiction of the court for not less than 12 hours.
28(h) (1) A person who places, deposits, or dumps, or causes to
29be placed, deposited, or dumped, waste matter in violation of this
30section in commercial quantities shall be guilty of a misdemeanor
31punishable by imprisonment in a county jail for not more than six
32months and by a fine. The fine is mandatory and shall amount to
33not less than one thousand dollars ($1,000) nor more than three
34thousand dollars ($3,000) upon a first conviction, not less than
35three thousand dollars ($3,000) nor more than six thousand dollars
36($6,000) upon a second conviction, and not less than six thousand
37dollars ($6,000) nor more than ten thousand dollars ($10,000) upon
38a third or subsequent
conviction.
39(2) “Commercial quantities” means an amount of waste matter
40generated in the course of a trade, business, profession, or
P4 1occupation, or an amount equal to or in excess of one cubic yard.
2This subdivision does not apply to the dumping of household waste
3at a person’s residence.
4(i) A person who places, deposits, or dumps, or causes to be
5placed, deposited, or dumped, waste matter upon private property,
6including on any private highway or road, without the consent of
7the owner is guilty of a misdemeanor punishable by imprisonment
8in a county jail for not more than 30 days and by a fine. The fine
9is mandatory and shall amount to not less than two hundred fifty
10dollars ($250) nor more than one thousand dollars ($1,000) upon
11a first conviction, not less than five hundred dollars ($500) nor
12
more than one thousand five hundred dollars ($1,500) upon a
13second conviction, and not less than seven hundred fifty dollars
14($750) nor more than three thousand dollars ($3,000) upon a third
15or subsequent conviction. If the court finds that the waste matter
16placed, deposited, or dumped includes used tires, the fine
17prescribed in this subdivision shall be doubled. Each day that
18waste placed, deposited, or dumped remains is a separate violation.
19(i)
end delete
20begin insert(j)end insert For purposes of this section, “person” means an individual,
21trust, firm, partnership, joint stock company, joint venture, or
22corporation.
23(j)
end delete
24begin insert(k)end insert Except in unusual cases where the interests of justice would
25be best served by waiving or reducing a fine, the minimum fines
26provided by this section shall not be waived or reduced.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
Section 832.16 of the Penal Code is amended to
37read:
(a) On and after October 1, 1993, the Department of
39Justice shall notify a state or local agency employing a peace
40officer, as defined by this chapter, who is authorized by the
P5 1employing agency to carry a firearm, as to if a peace officer is
2prohibited from possessing, receiving, owning, or purchasing a
3firearm pursuant to state or federal law. If the prohibition is
4temporary, the notice shall indicate the date that the prohibition
5expires. However, the notice shall not provide any other
6information with respect to the basis for the prohibition.
7(b) Before providing the information specified in subdivision
8(a), the agency employing the peace officer shall provide the
9Department of Justice with the officer’s fingerprints and other
10identifying information deemed necessary by the department.
11(c) The information specified in this section shall only be
12provided by the Department of Justice subject to the availability
13of funding.
14(d) The notice required by this section shall not apply to persons
15receiving treatment under subdivision (a) of Section 8100 of the
16Welfare and Institutions Code.
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