Bill Text: CA AB144 | 2015-2016 | Regular Session | Enrolled
Bill Title: Dumping.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB144 Detail]
Download: California-2015-AB144-Enrolled.html
BILL NUMBER: AB 144 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 9, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Mathis
(Principal coauthor: Assembly Member Quirk)
JANUARY 13, 2015
An act to amend Section 374.3 of the Penal Code, relating to
dumping.
LEGISLATIVE COUNSEL'S DIGEST
AB 144, 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 3rd conviction. The bill would make a 4th 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 374.3 of the Penal Code is amended to read:
374.3. (a) It is unlawful to dump or cause to be dumped waste
matter in or upon a public highway or road, including any portion of
the right-of-way thereof, or in or upon private property into or upon
which the public is admitted by easement or license, or in or upon a
public park or other public property other than property designated
or set aside for that purpose by the governing board or body having
charge of that property.
(b) It is unlawful to place, deposit, or dump, or cause to be
placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or
upon a private highway or road, including any portion of the
right-of-way of the private highway or road, or private property,
without the consent of the owner or a contractor under contract with
the owner for the materials, or in or upon a public park or other
public property, without the consent of the state or local agency
having jurisdiction over the highway, road, or property.
(c) A person violating subdivision (a) or (b) is guilty of an
infraction. Each day that waste placed, deposited, or dumped in
violation of subdivision (a) or (b) remains unabated is a separate
violation.
(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 health
and safety hazard, a public nuisance, or a fire hazard, as determined
by a local health department, local fire department or district
providing fire protection services, or the Department of Forestry and
Fire Protection, in which case this section applies.
(e) A person convicted of a violation of subdivision (a) or (b)
shall be punished by a mandatory fine of not less than two hundred
fifty dollars ($250) 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 thousand five hundred
dollars ($1,500) upon a second conviction, and by a mandatory fine of
not less than seven hundred fifty dollars ($750) nor more than three
thousand dollars ($3,000) upon a third or subsequent conviction. If
the court finds that the waste matter placed, deposited, or dumped
was used tires, the fine prescribed in this subdivision shall be
doubled.
(f) 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
remove, or pay the cost of removing, any waste matter which the
convicted person dumped or caused to be dumped upon public or private
property.
(g) Except when the court requires the convicted person to remove
waste matter which he or she is 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 probation, that a person convicted
of a violation of this section pick up waste matter at a time and
place within the jurisdiction of the court for not less than 12
hours.
(h) (1) A person who places, deposits, or dumps, or causes to be
placed, deposited, or dumped, waste matter in violation of this
section in commercial quantities shall be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than six
months and by a fine. The fine is mandatory and shall amount to not
less than one thousand dollars ($1,000) nor more than three thousand
dollars ($3,000) upon a first conviction, not less than three
thousand dollars ($3,000) nor more than six thousand dollars ($6,000)
upon a second conviction, and not less than six thousand dollars
($6,000) nor more than ten thousand dollars ($10,000) upon a third or
subsequent conviction.
(2) "Commercial quantities" means an amount of waste matter
generated in the course of a trade, business, profession, or
occupation, or an amount equal to or in excess of one cubic yard.
This subdivision does not apply to the dumping of household waste at
a person's residence.
(i) (1) A person who places, deposits, or dumps, or causes to be
placed, deposited, or dumped, waste matter upon private property,
including on any private highway or road, without the consent of the
owner shall be punished by a fine. The fine is mandatory and shall
amount to not less than two hundred fifty dollars ($250) nor more
than one thousand dollars ($1,000) upon a first conviction, not less
than five hundred dollars ($500) nor more than one thousand five
hundred dollars ($1,500) upon a second conviction, and not less than
seven hundred fifty dollars ($750) nor more than three thousand
dollars ($3,000) upon a third conviction. Upon a fourth or subsequent
conviction, the person is guilty of a misdemeanor punishable by
imprisonment in a county jail for not more than 30 days and by a fine
of not less than seven hundred fifty dollars ($750) nor more than
three thousand dollars ($3,000).
(2) If the court finds that the waste matter placed, deposited,
or dumped includes used tires, the fine prescribed in this
subdivision shall be doubled. A separate fine in the same amount as
initially imposed shall accrue for each day that waste placed,
deposited, or dumped remains unabated, but no additional conviction
for the purposes of punishments in paragraph (1) shall arise for the
same act. For the fourth or subsequent violation, each day that waste
placed, deposited, or dumped remains shall not result in the accrual
of a separate fine or violation for the purposes of punishments in
paragraph (1).
(j) For purposes of this section, "person" means an individual,
trust, firm, partnership, joint stock company, joint venture, or
corporation.
(k) Except in unusual cases where the interests of justice would
be best served by waiving or reducing a fine, the minimum fines
provided by this section shall not be waived or reduced.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
