Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 144


Introduced by Assembly Member Mathis

January 13, 2015


An act to amend Section 374.3 of the Penal Code, relating to dumping.

LEGISLATIVE COUNSEL’S DIGEST

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 ownerbegin delete a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and byend deletebegin insert punishable byend insert 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 orbegin delete subsequentend delete conviction.begin insert The bill would make a fourth 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.end insert

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:

P2    1

SECTION 1.  

Section 374.3 of the Penal Code is amended to
2read:

3

374.3.  

(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) remains is a separate violation.

21(d) This section does not restrict a private owner in the use of
22his or her own private property, unless the placing, depositing, or
23dumping of the waste matter on the property creates a public health
24and safety hazard, a public nuisance, or a fire hazard, as determined
25by a local health department, local fire department or district
26providing fire protection services, or the Department of Forestry
27and Fire Protection, in which case this section applies.

P3    1(e) A person convicted of a violation of subdivision (a) or (b)
2shall be punished by a mandatory fine of not less than two hundred
3fifty dollars ($250) nor more than one thousand dollars ($1,000)
4upon a first conviction, by a mandatory fine of not less than five
5hundred dollars ($500) nor more than one thousand five hundred
6dollars ($1,500) upon a second conviction, and by a mandatory
7fine of not less than seven hundred fifty dollars ($750) nor more
8than three thousand dollars ($3,000) upon a third or subsequent
9conviction. If the court finds that the waste matter placed,
10deposited, or dumped was used tires, the fine prescribed in this
11subdivision shall be doubled.

12(f) The court may require, in addition to any fine imposed upon
13a conviction, that, as a condition of probation and in addition to
14any other condition of probation, a person convicted under this
15section remove, or pay the cost of removing, any waste matter
16which the convicted person dumped or caused to be dumped upon
17public or private property.

18(g) Except when the court requires the convicted person to
19remove waste matter which he or she is responsible for dumping
20as a condition of probation, the court may, in addition to the fine
21imposed upon a conviction, require as a condition of probation, in
22addition to any other condition of probation, that a person convicted
23of a violation of this section pick up waste matter at a time and
24place within the jurisdiction of the court for not less than 12 hours.

25(h) (1) A person who places, deposits, or dumps, or causes to
26be placed, deposited, or dumped, waste matter in violation of this
27section in commercial quantities shall be guilty of a misdemeanor
28punishable by imprisonment in a county jail for not more than six
29months and by a fine. The fine is mandatory and shall amount to
30not less than one thousand dollars ($1,000) nor more than three
31thousand dollars ($3,000) upon a first conviction, not less than
32three thousand dollars ($3,000) nor more than six thousand dollars
33($6,000) upon a second conviction, and not less than six thousand
34dollars ($6,000) nor more than ten thousand dollars ($10,000) upon
35a third or subsequent conviction.

36(2) “Commercial quantities” means an amount of waste matter
37generated in the course of a trade, business, profession, or
38occupation, or an amount equal to or in excess of one cubic yard.
39This subdivision does not apply to the dumping of household waste
40at a person’s residence.

P4    1(i) begin insert(1)end insertbegin insertend insert A person who places, deposits, or dumps, or causes to
2be placed, deposited, or dumped, waste matter upon private
3property, including on any private highway or road, without the
4consent of the ownerbegin delete is guilty of a misdemeanor punishable by
5imprisonment in a county jail for not more than 30 days andend delete
begin insert shall
6be punishedend insert
by a fine. The fine is mandatory and shall amount to
7not less than two hundred fifty dollars ($250) nor more than one
8thousand dollars ($1,000) upon a first conviction, not less than
9five hundred dollars ($500) nor more than one thousand five
10hundred dollars ($1,500) upon a second conviction, and not less
11than seven hundred fifty dollars ($750) nor more than three
12thousand dollars ($3,000) upon a thirdbegin delete or subsequentend delete conviction.
13begin insert Upon a fourth or subsequent conviction, the person is guilty of a
14misdemeanor punishable by imprisonment in a county jail for not
15more than 30 days and by a fine of not less than seven hundred
16fifty dollars ($750) nor more than three thousand dollars ($3,000).end insert

17begin delete Ifend delete

18begin insert(2)end insertbegin insertend insertbegin insert Ifend insert the court finds that the waste matter placed, deposited,
19or dumped includes used tires, the fine prescribed in this
20subdivision shall be doubled.begin delete Eachend deletebegin insert A separate fine in the same
21amount as initially imposed shall accrue for end insert
begin inserteachend insert day that waste
22placed, deposited, or dumpedbegin delete remains is a separate violation.end delete
23begin insert remaining unabated, but no additional conviction for the purposes
24of punishments in paragraph (1) shall arise for the same act. For
25the fourth or subsequent violation, each day that waste placed,
26deposited, or dumped remains shall not result in the accrual of a
27separate fine or violation for the purposes of punishments in
28paragraph (1).end insert

29(j) For purposes of this section, “person” means an individual,
30trust, firm, partnership, joint stock company, joint venture, or
31corporation.

32(k) Except in unusual cases where the interests of justice would
33be best served by waiving or reducing a fine, the minimum fines
34provided by this section shall not be waived or reduced.

35

SEC. 2.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P5    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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