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Home My WebLink AboutItem 4.08 Litterbug Law Report (2) CITY OF DUBLIN ' AGENDA STATEMENT MEETING DATE: -January 13 , 1986 SUBJECT REPORT FROM CHIEF OF POLICE RE: LITTERING LAW EXHIBITS ATTACHED California Penal Code Section 374b and 374b. 5 RECOMMENDATION Receive Report FINANCIAL STATEMENT: None DESCRIPTION At the City Council meeting of November 25, 1985 staff was requested to report on the City' s existing Litter Law. The City of Dublin Police 'Department presently enforces California Penal Code Section 374b.5 which covers littering on both private and public property, and is applicable to the City of Dublin. Californi-a Penal Code 374b.5 p.c. makes it unlawful to litter by a person, firm or corporation and sets the violation- as an infraction punishable by a fine of $20. 00 for first conviction and 'then graduating to $100. 00 minimum/$1 ,000. 00 maximum fine for three or more convictions. The fines are mandatory and the court may require on the second and subsequent violation( s) that person( s) convicted pick up litter for a specified number of hours. Enforcement is generally limited to police on- view and citizen complaint on-view cases. In addition to California Penal Code Section 374b. 5 the Police Department enforces California Penal Code 374b which makes it unlawful to dump waste matter, including dirt and rocks, on private or public property. As with the littering section, it too is an infraction with fines ranging from $100. 00 to $1 ,000.00. --------------------------------------------------------------------------- '4 COPIES TO y. 1 yP"d :� '4i';tz ,} Y { !' ti. \s �E 1✓ rt tt i;; r {.� f..u,p`� ♦r.�;,,. r"`J ''. y,��}.�ii��it�'..rt}F•��:tr,,� r�.+�t,',�'sdi.�tr .c�`l�I�`�'1A7�^,, +r�'t+;>"�,4 t 4.:5! `"ra`t,��r•3�t^�eYf.&tiYa�!` � �. t .i` � J r�5t,✓'1:L t:"�F:+K�'�kx4`�'1 aai.�y�. :?..G✓6 'Y�itvrw.r.S„17 Y�.�w rit1w}�.,"�R.a�1 �'wt .1.�?1`�!'h.�t;NX5�i�" '4. � F..:4 +r�xr Sr ,�.) '?rte' I. i' `s x�. 0=1 az naxa+s ae�.varrr. a anw�a.rays �' � d xa , drX 3 ' ii;?•�Rw4i,:-�:s4�c1�"fk1�Y1'?J;c+ taw,:•t++s">wcla'tu^.,.0-;sib+u,.Xd�+as;�aui�faS�+P"��i1�"r�..r'`,r�'��Ys...SG'.:,,;rt`�n�±c ,w.' ��i' �' _ ,.��u�E�R'".a$rah".�}`.?i� �c.�i��k� �rtr.'i.<,�^..r�: ';@�5. LITTERING LAW EXHIB— /PENAL CODE SECTIONS §374b.S. Littering on Public or Private §374b. Dumping Refuse on Public or Private Property. Roads or Property. It shall be unlawful to litter or cause to be lit- ,°It shall be unlawful to dump or cause to bi tered in or upon any public or private properti. dumped any waste matter in or upon any public Any person, firm, or corporation violating N or private highway or road,including any portior provisions of this section shall be guilty of an io- of the right-of-way thereof, or in or upon any pri- fraction. vate property into or upon which the public is No portion of this section shall be construed to admitted by easement or license, or upon any pri- restrict a private owner in the use of his or her t vate property without the consent of the owner own property, unless the littering of waste matter or in or upon:any public park or other public on such property creates a public health and property other than property designated or se safety hazard, a public nuisance, or a fire hazArd.1 aside for such purpose by the governing board o. >thich case the provisions of this section snail ap- body having charge thereof. It shall be unlawfu to place, deposit, or dump, or cause to be placed ,iy..As used in this section, "litter" means the v' ,iscarding, dropping, or scattering of small quan- deposited,. or dumped, any•rocks or dirt in o Otis of waste matter ordinarily carried on or upon any private highway or road, including an: �baut the person, including, but not limited to, portion of the right-of-way thereof, or any privat: beverage 'containers and closures, packaging, property, without the consent of the owner, or it onppers, wastepaper, newspapers, and maga- or upon any public park or other public property ana, in a place other than a place or container without the consent of the state or local agent. for the proper disposal thereof, and including having jurisdiction over such highway, road, o truce matter which escapes or is allowed to es- property:Any person,firm, or corporation violat ppe from a container, receptacle, or package. ing the provisions of this section shall be guilty c Every person, firm, or corporation convicted of an infraction. Each day that waste placed, depos a ited, or d `a violation of this section shall be punished by timped in violation of this section re C=datory fine of twenty dollars ($20) upon a mains shall be a separate violation. Ent conviction, by a mandatory fine of not less No portion of this section shall be construed G than fifty dollars ($50) nor more than one thou- restrict a private owner in the use of his own pri and dollars ($1,000) upon a second conviction, vate property, unless the placing, depositing, o tad by a mandatory fine of not less than one hun- dumping of such waste matter on such propert: dred dollars ($100) nor more than one thousand creates a public health and safety hazard, a publi •dollars ($1,000) upon a third or subsequent con- . nuisance, or a fire hazard, as determined by a b ction. cal health department, fi local fire department a The court may, in addition to the fine imposed district providing fire protection services, or tht upon a second or subsequent conviction, require Department e Forestry, in which case the prom, is a condition of probation, in addition to any lions of this section shall apply. other condition of probation, that any person Every person convicted of a violation of t'.3 convicted of a violation of this section pick up section shall be punished by a mandatory fine d Etter at a time and place within the jurisdiction of not less than one hundred dollars ($100) car the court for not less than four hours upon a sec- more than one thousand dollars ($1,000) upon I ood conviction and for not less than eight hours first conviction, by a mandatory fine of not kg aeon a third or subsequent conviction. Leg.H. than two hundred dollars ($200) nor more thn 1930 ch. 74, 1983 ch. 1092, effective September one thousand dollars ($1,000) upon a second con 27, 1983 viction, and by a mandatory fine of not less th>: Rd:Cal Fms PI&Pr,"Pollution." three hundred dollars ($300) nor more than one thousand dollars ($1,000) upon a third or subz quent conviction. The court may require, in addition to any fine imposed upon a conviction, that, as a conditica of probation and in addition to any other con6. tion of probation, a person convicted under thi section remove, or pay the cost of removing,sm i waste matter which the convicted person dumps or caused to be dumped upon public or pnv2tt t property. ; Except when the court requires the convicted 'r person to remove waste matter which he or she is responsible for dumping as a condition of prof* ' tion, the court may, in addition to the fine ir. posed upon a second or subsequent conviction { require as a condition of probation, in addition to any other condition of probation, that any persm convicted of a violation of this section pick n"r waste matter at a time and place within the juri} diction of the court for not less than four Noun upon a second conviction and for not less thn eight hours upon a third or subsequent convic. tion. Leg.H. 1929 ch. 889, 1931 ch. 789, 1933 A 250, 1939 ch. 355, 1941 ch. 809, 1959 ch. 41. 1970 ch. 1548, 1971 ch. 1287, 1973 ch. 592, 19,V ch. 74, 1983 ch. 1092, effective September 27, 1983.