HomeMy WebLinkAboutAGENDA REPORT 1987 0902 CC REG ITEM 11KCLINT HARPER, Ph.D.
Mayor
ELOISE BROWN
Mayor Pro Tern
MOORPARK
STEVEN KUENY
City Manager
CHERYLJ.KANE
City Attorney
THOMAS C. FERGUSON
Council member
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development JOHN GALLOWAY
Council member
JOHN PATRICK LANE
Council member
MAUREEN W. WALL
City Clerk
M E M O R A N D U M
R. DENNIS DELZEil
City Engineer
JOHN V. GILLESPIE
Chief of Police
THOMAS P. GENOVESE
City Treasurer
TO: The Honorable City Council
FROM:
DATE:
SUBJECT:
Joan Sidlinger, Code Enforcement Office@
August 28, 1987
CODES RELATING TO THE DUMPING/MAINTENANCE OF TRASH ON PUBLIC AND PRIVATE
PROPERTY
I. Moorpark Municipal Code-Dumpers
Section 4702 MMC -Disposal Area
States in part no person shall dispose of solid waste in other than
approved disposal area.
Section 4701-6 MMC -Solid Waste (defines solid waste)
Landowner
Section 4701-10 MMC -Public Nuisance (defines public nuisance, in part
as a health hazard or offensive to the senses and interferes with
the enjoyment of life or property and affects anentire r.ommunity,
neighborhood or a number of persons.
Section 4707 MMC -Solid Waste Accumulation As Public Nuisance
State in part, no person shall maintain any accumulation of solid waste
which is a public nuisance on his premises
Removal
Section 4708 MMC -Notice to Remove Solid Waste
States owner must be notified of said public nuisance
Section 4709 MMC -Removal of Solid Waste by City
A seven (7) day notice to remove said waste shall be issued to property
owner. Failure to comply will be followed up with a 30 day written
notice, posted on the property.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
August 28, 1987
Page 2
Section 4710 MMC -Removal of Solid Waste
Solid waste which is determined to be an immediate public health hazard
may be removed without hearing or notice. Property owner sha 11 be
liable for the cost.
I I. Pena 1 Code
Section 370 -Public nuisances defined.
States in part, injurious to health or offensive to the senses and
interferes with enjoyment of life or property. Obstructs passage or use
of any public park, street or highway/
Section 374 -Dumping defined.
Littering waste matter.
a. Littering -willful or negligent throwing, dropping, depositing
of any waste matter in other than appropriate containers.
Section 374(b) -Dumping Waste Upon Public or Private:
removal as condition of probation.
Punishment:
Mandatory fine not 1 ess than $100 or more that $1,000 on the first
con vi ct ion. Not 1 ess than $200 or more than $1,000 on the second
conviction. Not lest that $300 or more than $1,000 on the third
conviction.
Section 402(b) -Refrigerators washing machines etc. not in use failure
to re.move door or latch mechanism: offense: effect of sections in case
of death or injury: exemptions.
Anyone who discards abandon or leaves in a place accessible to children
any refrigerator, ice box, deep freezer, close dryer, washing machine or
other appliance, having a capacity of 1-1/2 cubic feet, which is no
longer in use and which has not removed door or latch is guilty of a
misdemeanor.
attached: Moorpark Municipal Code and California Penal Codes relating to
accumulations of trash, maintained and dumped.
MOQDpAr,,., " ,.,,.,,,, CALIF
Cit>'' , .. _. ., ORNIA
,.,_.,., .~;1 Meef
of ing
·----··-9-~198 '"7
ACTiC\!_~ • -L
-~(l(ltJ(,,,./ iA 9 ... ,,_,,7 ~
By_J)1,4klP -
)
CHAPTER 7 -REGULATION OF SOLID WASTE STORAGE, COLLECTION,
DISPOSAL, TRANSFER, RESOURCE RECOVERY, AND
ENVIRONMENTAL HEAL TH PERMITS AND FEES.
Repealed and reenacted September 20, 1977 -ORD. 3337
Sec. 4700 -DESIGNATION -Pursuant to Government Code Section 66796, the
Environmental Services Department of the Environmental Resource Agency of the
County of Ventura is hereby designated as the enforcement agency to carry out
the provisions of the Nejedly-Z 1 berg-Dills Solid Waste and Resource Recovery
Act of 1972, Section 66700 et seq. cf the Government Code and the
Z 1 berg-Kapiloff Solid Waste Control Act of 1976, Section 66795, et seq., of the
Government Code. The Environmental Services Department shall enforce all
provisions of this ordinance and carry out the duties specified in Section
66796. 10 of the Government Code, except the Enforcement of Hazardous Waste
Regulations specifically designated to the State Department of Health.
Sec. 4701-1 -DEFINITION OF TERMS -The provisions of this chapter shall be
construed in accordance with the following definitions of terms and the
definitions provided in Title 14, Division 7, Chapter 3, Article 4, of the
California Administrative Code.
Sec. 4701-1 -Approved Disposal Area -11 Apprnved Disposal Area 11 sh al I
mean any site, location, tract of land, area, building, structure or premise
authorized by law as a place for the disposal of solid waste for which a
health permit has been issued by the Department.
Sec. 4701-2 -Beard -11 Board 11 shall mean the Board of Supervisors of the
County of Ventura.
Sec. 4701-3 -Collector -11 Collector 11 shall mean any person engaged in the
business of collecting or transporting solid waste in any part of the
unincorporated area of the County of Ventura.
Sec. 4701-4 Director -11 Director 11 shall mean the Director
Environmental Services Department ( Deputy Health Officer)
Environmental Resource Agency or his designated representative.
of the
of the
Sec. 4701-5 -Department -11 Department 11 shall mean the Environmental
Services Department of the Environmental Resource Agency of the County
of Ventura.
191 OC-1
\
)
Sec. 4701-6 -Solid Waste -"Solid Waste" as used herein shall include any
or all of the following: garbage, swill, refuse, cans, bottles, papers,
vegetable matter and brush, carcass of any slaughter pen or butcher
shop, trash, rubbish, abandoned and unidentifiable vehicles and vehicle
parts, abandoned iceboxes, appliances and fixtures, rock, rubble,
masonry, glass, plaster, demolition wastes, sludge, brine, processed
products wastes, medical service wastes, hazardous wastes, and toxic
wastes, including those definitions of solid wastes as identified in Title 14,
Division 7, Chapter 3, Article 4 of the California Administrative Code.
Sec. 4701-7 -Person -"Person" shall include all definitions as defined in
Section 66715 of the Government Code.
Sec. 4701-8 -Farms or Ranches -"Farms or Ranches" shall mean property
that is devoted entirely to commercial agricultural or animal husbandry
purposes, including the feeding and raising of livestock for dairying or
for poultry raising purposes.
Sec. 4701-9 Medical Service Waste "Medical Service Wastes" shall
include all infectious waste as defined in Section 70847(d) Title 22,
California Administrative Code, Division 5.
Sec. 4701-10 -Public Nuisance -"Public Nuisance" includes anything
which is injurious to human health or is indecent or offensive to the
senses and interferes with the comfortable enjoyment of life or property,
and affects at the same time an entire community or neighborhood or any
considerable number of persons although the extent of annoyance or
damage inflicted upon the individual may be unequal and which occurs as a
result of the storage, removal, transport, processing or disposal of solid
waste.
Sec. 4702 -DISPOSAL AREA -No perso:1 shall dispose of any solid waste in
any place in the unincorporated area of the County other than an approved
disposal area for which a health permit has been issued by the Department or
as provided in Section 4704.
Sec. 4703 -REMOVAL OF SOLID WASTE FROM PREMISES -All solid waste
produced or accumulated in or about any premises situated within the
unincorporated area of the County shall be stored in compliance with Title 14 of
the California Administrative Code. All residential refuse as defined in Section
17225. 57 of Title 14, California Administrative Code, shall be disposed of or
removed from the premises at least once each week.
Sec. 4704 -FARMS AND RANCHES -An owner or occupant of a farm or ranch
may dispose of solid waste which originates on such property by burying said
solid waste on said property at least once each week and at least 800 feet from
any public right-of-way or from the nearest building used for human habitation.
Such solid waste is to be covered with a minimum of 12 inches of soil.
192 OC-1
\
)
Sec. 4705 -FEEDING VEGETABLE WASTE TO FARM ANIMALS -This chapter
shall not be construed to prohibit the feeding of vegetable matter to farm
animals or require that health permits be obtained for this purpose, where such
activities are otherwise authorized by Section 4133 of the Ventura County
Ordinance Code or applicable State statutes.
Sec. 4706 -SOLID WASTE ON OCCUPIED PRIVATE PROPERTY -Every owner
or person in control of private property shall properly store and maintain
accumulations of solid waste so that it will be prevented from being carried or
deposited by the elements upon any street, sidewalk or other public place or
upon the private property of another person.
Sec. 4707 SOLID WASTE ACCUMULATIONS AS A PUBLIC NUISANCE No
person shall maintain any accumulations of solid waste which are a public
nuisance nor shall any person permit another person to maintain on his premises
any accumulations of solid waste which are a public nuisance.
Sec. 4708 -NOTICE TO REMOVE SOLID WASTE -The Department is hereby
authorized to notify the owner or occupant of any private property within the
County, or the agent of such owner or occupant, to properly dispose of solid
waste located on such property which is a public nuisance. Such notice shall
be by personal issuance of a warning citation or by certified mail addressed to
said owner, occupant, or the agent thereof, at his last known address.
Sec. 4709 REMOVAL OF SOLID WASTE BY COUNTY Upon the failure,
neglect or refusal of the person so notified to properly dispose of putrescible
solid waste within seven (7) days and non-putrescible solid waste within thirty
(30) days after receipt of written notice as provided in Sec. 4708 or after the
notice has been posted on the property, the Department shall cause such solid
waste to be removed and properly disposed of. In the event the notice is
returned to the County because of inability to make delivery thereof, provided
the same was properly addressed to the last known address of such owner,
occupant, or agent thereof, the Department shall cause such solid waste to be
removed and properly disposed.
Sec. 4710 -EMERGENCY REMOVAL OF SOLID WASTES -Solid Waste which is
determined by the Director to be an immediate public health hazard may be
removed by the Department from a property through summary abatement without
judicial hearing or notice of hearing. When the Department has effected the
removal of such solid waste, the owner or occupant of the property shall be
liable to the County for the cost of such removal and disposal.
Sec. 4711 -RIGHT OF THE BOARD TO COMPEL OWNER TO REMOVE
SOLID WASTE: DEFAULT BY OWNER: REMOVAL BY THE DIRECTOR:
RIGHT TO PRESCRIBE PROCEDURE AND MAKE EXPENSE A LIEN UPON
PROPERTY. -The Board may compel the owner, lessee, or occupant of
buildings, grounds, or lots to remove solid waste from buildings or grounds
and adjacent sidewalks. If he defaults, after notice prescribed by the Board,
it may authorize the removal or destruction of. the solid waste at his expense by
the Director. The Board may prescribe a procedure for the removal or
destruction and ma1$e the expense a lien upon the buildings or grounds.
193 OC-1
)
4711-1 Declaration of Public Nuisance The Board may declare by
resolution as public nuisances, and abate:
(a) All solid waste upon the streets, sidewalks, or private property in the
County.
(b) All solid waste upon parkways, sidewalks, or private property in the
County.
Sec. 4711-2 -Resolution: Contents -The resolution shall:
(a) Refer to the street by its commonly known name.
(b) Describe the property upon which or in front of which the nuisance
exists by giving its lot and block number according to the official County
Assessment Map.
Sec. 4711-3 -Number of Streets, Sidewalks, etc., Which may be included
in Resolution Any number of streets, sidewalks, or parcels of private
property may be included in one resolution.
Sec. 4711-4 -Declaring Solid Waste on Specified Parcels to be Recurrent
Nuisances: Abatement on Notice and Hearing: Contents of Notice At
the time it adopts the resolution as provided for by Sections 4711-2 and
4711-3, the Board may also find and declare that solid waste on specified
parcels of property are recurrent nuisances. Such recurrent nuisances
shall be abated in accordance with the provisions of this article, provided,
that upon the second and any subsequent occurence of such nuisance on
the same parcel or parcels within the same calendar year, no further
hearings need be held and it shall be sufficient to mail a violation notice to
the owners of the property as they and their addresses appear on the
current assessment roll.
The notice shall refer to and describe the property and shall state that
solid waste accumulations of a recurrent nature are on or in front of the
property, and that the same constitutes a public nuisance which must be
abated by the removal of said solid waste, and that otherwise they will be
removed and the nuisance will be abated by the County authorities, in
which case, the cost of such removal shall be assessed upon the parcel
and lands from which or in front of which such solid waste is removed and
that upon confirmation such cost will constitute a lien upon such parcel or
lands until paid.
Sec. 4711-5 Notices: Manner of posting After passage of the
resolution, the Director shall cause notices to be consipicuously posted on
or in front of the property on or in front of which the nuisance exists.
He shall post:
(a) One notice to each separately owned parcel of property of not over
fifty yards frontage.
(b) Not more than two notices to any such parcel of one hundred yards
frontage or less.
(c) Notices at not more than one hundred yards apart if the frontage of
such a parcel is greater than one hundred yards.
Sec. 4711-6 -Notices: Heading -The heading of the notices shall be
"Notice to remove solid waste 11 in letters not less than one inch in height.
194 OC-1
§ 370 CRIMES AND PUNISHMENTS Pt. 1
Note 33
33. Evldehce-ln geheral
Innocence of crime or wrong, such as lo-
cation of railway crossing signal within
highway. and obedience to law. are pre-
sumed. Black v. Southern Pac. Co. (1932)
12 P .2d 981. 124 C. A. 321.
34. --Admissibility of evldehce
Where defendants. charged with main-
taining a common nuisance by unlawfully
keeping and 1telllng liquor In their dwelling
house. testified that they had wine, but
that It was kept for personal use, and that
they so told the prohibition agents, testimo-
ny of such agents as to the liquor they
found on the premises was competent.
Panzlch v. U. S. (C.C.A.1923) 285 F. 871,
certiorari denied 43 S.Ct. 524. 262 U.S. 749,
67 L.Ed. 1213.
In commercial photographer's action for
Injuries sustained when struck by bus while
standing In street to take a picture, photog-
rapher's testimony of commercial photogra-
phers' custom to place a camera In the
street to take pictures was Inadmissible,
since custom cannot make due care out of
negligent conduct. Milton v. Los Angeles
Motor Coach Co. (1942) 128 P.2d 178, 53 c.
A.2d 566.
In commercial photographer's action
against bus line for Injuries sustained when
struck by bus while standing In street to
take a picture, photographer's testimony of
commercial photographers' custom to place
ca.ineras In street to take pictures was not
admissible to show photographer was not a
trespasser or negligent as a matter of law
where trial court had ruled against bus
line's objection on ground that there could
be no usual practice of committing a tres-
pass on a street. Id.
35. --Weight and sufficiency of evl•
dence
In prosecution of husband and wife, evi-
dence was Insufficient to justify conviction
of wife for maintaining a common nuisance.
Gazzera v. U. S. (C.C.A.1925) 7 F.2d 467.
Evidence Insufficient to warrant convic-
tion for maintaining nuisance. Boltano v.
U. S. (C.C.A.1925) 7 F.2d 324.
Evidence was sufficient to support a ver-
dict for maintaining a nuisance and ques-
tion was properly submitted to jury. Mc-
Donough v. U. S. (C.C.A.1924) 299 F. 30,
motion for rehearing denied 1 F.2d 147, and
certiorari denied 45 S.Ct. 95, 266 U.S. 613, 69
L.Ed. 468.
Evidence that defendant made a sale of
liquor for beverage purposes on his prem-
ises, and that he had a quantity thereon,
was sufficient to sustain a conviction on
three counts charging respectively unlawful
sale, unlawful possession, and maintaining
a "common nuisance." Fassolla v. U. S.
(C.C.A.1922) 285 F. 378.
In a prosecution for unlawful possession
of Intoxicating liquor and maintaining a
common nuisance for the sale of such llqUor
at a club, evidence that one of the defend-
ants was a member and officer of the club
and that he occasionally tended the ba.r,
though that was generally done by others,
and that he was present on the night of the
raid, was sufficient to warrant the jury In
convicting that defendant. Page v. U. S.,
278 F. 41 (C.C.A.1922) certiorari denied 42
S.Ct. 461, 258 U.S. 627, 66 L.Ed. 799.
In a prosecution for maintaining a nui-
sance by selling and keeping for sale Intoxi-
cating liquors on the premises, evidence
was sufficient to sustain the conviction.
Young v. U. S. (C.C.A.1921) 272 F. 967.
§ 371. Public nuisance; unequal annoyance or damage
An act which affects an entire community or neighborhood, or
any considerable number of persons, as specified in the last section,
is not less a nuisance because the extent of the annoyance or dam-
age inflicted upon individuals is unequal.
(Enacted 1872. Amended by Code Am.1873-74, c. 614, p. 432, § 31.)
Historical Note
The amendment of 1873-74 declared that
an act which affects "an entire community
or neighborhood or any" considerable num-
ber of persons, "as", Instead of "In either
of the ways", specified In the last section,
Is not less a nuisance because the extent of
"the annoyance or" damage "Inflicted upon
Individual"" ls unequal.
§ 372. Public nuisance; maintaining; committing; breach of
duty of removal
MAINTAINING A NUISANCE, A MISDEMEANOR. Every person who
maintains or commits any public nuisance, the punishment for which
is not otherwise prescribed, or who willfully omits to perform any
848
1
R.
1.
,es
:ns
ng
ny
1il-
tay
red
the
lin,
ive ..
ier-
un-
[th-
ties
arn
St.R.
f 1.
rail·
1t or
con•
Title 10 PUBLIC HEALTH AND SAFETY § 370 ·:1
\
duct upon such property interferes with, interrupts, or hinders, or
which, if allowed to continue, would interfere with, interrupt, or hinder
the safe and efficient operation of any locomotive, railway car or train
is guilty of a misdemeanor.
As used in this section, "property of any railroad" means any land
owned, leased, or possessed by a railroad upon which is placed a rail-
road track and the land immediately adjacent thereto, to the distance
of 20 feet on either side of the track, which is owned, leased or pos-
sessed by a railroad.
This section does not prohibit picketing in such immediately ad-
jacent area or any lawful activity by which the public is informed of
the existence of an alleged labor dispute.
(Added by Stats.1968, c.1125, p. 2140, § 1.)
Historical Note
The 1901 revision act, Stats.1901, c. 168, p.
(56, § 97a, adding a section 3691 held uncon-
atitutlonal In Lewis v. Dunne (1901) 66 P.
(78, 134 C. 291, 55 L.R.A. 833, 86 Am.St.R.
257, was repealed by Stats, 1955, c. 48, § 1.
For disposition of the repealed section, see
Disposition Table preceding § 368.
Cross References
Malicious injuries to ruilrouds unu railroad bridges, see § 587.
Misdemeanor,
Defined, see § 17.
Punishment, see §§ 19, 10a.
Trespass on trains, see § 587b.
Trespasses, generally, see § 602.
§ 369j. Unconstitutional
Historical Note
The 1901 revision act. Stats.1901, c. 158, p. P. 478, 134 C. 291, 55 L.R.A. 833, 86 Am.St.R.
(56, § 97b, adding a section 369j, held un-257, was repealed by Stats.1955, c. 48, § 1.
constitutional In Lewis v. Dunne (1901) 66
§ 370. Public nuisance defined
Anything which is injurious to health, or is indecent, or offensive
to the senses, or an obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of life or property by
an entire community or neighborhood, or by any considerable num-
ber of persons, or unla,vfully obstructs the free passage or use, in
the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin, or any public park, square, street, or highway, is a
public nuisance.
(Enacted 1872. Amended by Code Am.1873-74, c. 614, p. 431, § 30.)
Historical Note
As enacted In 1872, the section read:
"A public nuisance Is a crime against the
order and economy of the State, and con-
sists In unlawfully doing any act, or omit-
ting to perform any duty, which act or
omission either:
"1. Annoys, Injures, or endangers the
comfort, repose, health, or safety of any
considerable number of persons; or,
"2. Offends public decenc~·; or,
"3. Unlawfully Interferes with, ob-
structs, or tends to obstruct, or renders
dangerous for passage, any lake or naviga-
ble river, bay, stream, canal, or basin, or
any public park, square, street, or highway;
or,
"4. In any way renders any considerable
number of persons Insecure In life or the
use of property."
The amendment of 1873-74, gave the sec-
tion Its present wording.
841
. I
I
>t. 1
,em-
pre-
.o fix
con-
:naln-
;ry to
ereof,
char-
: pre-
eased
(1890)
(1890)
der a
Is de-
riarter
• Jury
11ea of
by a
ea not
molds
maln-
32) 62
80 A.
\.bate-
sump-
2 (re-
,.t lm-
:l until
tie ac-
a.t the
,moral
nence-
lew of
pealed.
,t that
er this
>ddard
lUCUS
lublic
lroad
;el or
Title 10 PUBLIC HEALTH AND SAFETY
Misdemeanor,
Defined, see § 17.
Punishment, see §§ 19, 19a.
Library References
§ 373a
Health ¢:,23, 33, 37 et seq. C.J.S. Health §§ 12 et seq., 21, 28 et seq.,
29 et seq.
Notes of Decisions
1. Construction and application
This section Is only available for use In
prosecution of criminal public nuisances
which are not specifically covered by other
sections such as §§ 316, 372a, 373a, 374b, and
375, carrying their own prescribed punish-
ment. People v. Cooper (1944) 149 P.2d 86,
64 C.A.2d Supp. 946.
§ 373. Repealed by Stats.1917, c. 44, p. 40, § 1
Hlstorlcal Note
The repealed section made It a mlsde-house, hospital, or place for persons affect-
meanor to establlsh or keep within the Um-ed with contagious or Infectious dlseasea.
its of any city, town, or village, any pest
§ 373a. Public nuisance; continuance after notice to abate;
separate offense each day; continuous prosecutions
Every person who maintains, permits, or allows a public nuisance
to exist upon his or her property or premises, and every person oc-
cupying or leasing the property or premises of another who maintains,
permits or allows a public nuisance to exist thereon, after reasonable
notice in writing from a health officer or district attorney or city at-
torney or prosecuting attorney to remove, discontinue or abate the
same has been served upon such person, is guilty of a misdemeanor,
and shall be punished accordingly; and the existence of such nuisance
for each and every day after the service of such notice shall be deemed
a separate and distinct offense, and it is hereby made the duty of the
district attorney, or the city attorney of any city the charter of
which imposes the duty upon the city attorney to prosecute state mis-
demeanors, to prosecute all persons guilty of violating this section by
continuous prosecutions until the nuisance is abated and :removed.
(Added by Stats.1903, c. 147, p. 163, § 1. Amended by Stats.1955, c.
1266, p. 2304, § 1.)
Hlstorlcal Noto
The 1955 amendment permitted notice to
remove to be given by a "city attorney or
prosecuting attorney" as well as by a
health officer or district attorney, and Im-
posed the duty to prosecute upon "the city
attorney of any city the charter of which
Imposes the duty upon the city attorney to
prosacute state misdemeanors."
Cross References
Action by city attorney, see Code of Civil Procedure § 731.
Civil actions for abatement, see Code of Civil Procedure§ 731.
Misdemeanor,
Defined, see § 17.
PuniN!iment. see §§ 19, 19a.
Nuisances, remedy by indictment or information, see Civil Code§ 3491.
Private nuisance,
Remedies, eee Civt1 Code § 3501.
Abatement, see Civil Code § 3502.
Notice, see Civil Code § 3003.
851
PENAL CODE
JBLIC HEALTH AND sArETY
private owner; fines; pick up litter as
tent offenders.
jes; possession and und~r the influence.
, oxide; unlawful possession; misdemean-
g or cat.
itering or furnishing for injection into
1 of sale; written permits; exception for
c.; furnishing unauthorized goods and
1ry; negligence of owner or custodian;
d Veh.C. § 21954 prohibiting failing to y_ie_ld
y and therefore violated former § 602.9 pro~1b1t-
: upon school grounds without lawful business
:ing school activi1ies, even though demonstrators
event anyone from going through. People v.
70) 87 Cal.Rptr .. 818, 9 C.A.3d Supp. l.
lty streets or sidewalks, obstrucdons . .
lleriffs guidelines for enforcement of pubhc nm-
:e, which indicated that enforcement could 1;"'
•ard individuals who caused motorists to stop m
or restricted areas, thereby obstructing free flow
traffic, did not violate any constitutional rights
s; guidelines directed cnforcemen~ agamst con-
eech, were directed toward stoppmg of traffic,
• reasons therefor, and were not used merely to
citation between persons on sidewalk. Hayman
1p. 2 Dist.1986) 222 Cal.Rptr. 293.
,ne books and films
, court of equity, having de1ermined particular
films to be obscene following a full adversary
, el'join cxhibitio:i .:,r sale thereof by t~osc
.he closing of bookstores or theaters, e1t~~r
r permanently, or the enjoining of the exh1b1-
on said premises of magazines or fil",'s not
determined to be obscene, constitutes imper-
restraint in violation of the First and Four-
dments (U.S.C.A.Const. Amends. I, 14);
1st be directed to particular books or films
en adj\ldged obscene. People ex rel. Busch v.
om Theater (1976) 130 Cal.Rptr. 328, 550
C.3d 42, certiorari denied 97 S.Ct. 320, 429
.. Ed.2d 289.
and § 371 as well as Civ.C. §§ 3479, 3480
be employed to regulale the exhibition of
als to consenting adults. Id.
,is section and § 371 as well as Civ.C.
are silent with respect to prior adversary
nges or additions by amendment
PENAL CODE
hearing, it is nol necessary for the court 10 "rewrite" those
statutes to require such hearing where the statutes are
sought to be applied to regulate distribution of obscene
materials since abatement of a nuisance is accomplished by
means of a "proper and suitable" injunction; in context of
asscrtedly obscene magazines and films, a "proper" injunc-
§374a
lion ordinarily is one that is issued after the requisite
adversary hearing has taken place. People ex rel. Busch v.
Projection Room Theater (1976) 130 Cal.Rptr. 328, 550
P .2d 600, 17 C.3d 42, certiorari denied 97 S.Ct. 320, 429
U.S. 922, 50 L.Ed.2d 289.
§ 372. Public nuisance; maintaining; committing; breach of duty of removal
Law Review Commentaries
Private property rights. Michael M. Berger (1975) 8
Loyola L.Rev. 253.
. Remedies for intangible intrusions: Distinction between
trespass and nuisance actions against lawfully zoned busi-
nesses in California. (1983) 17 U.C.D.Law Rev. 389.
§ 372a. Repealed by. Stats.1984, c. 438, p. -, § 5
§ 373a. Public nuisance; continuance after notice to abate; separate offense each day; continu-
ous prosecutions
Notes of Decisions
Injunction 8
1. Construction and application
Dapper v. Municipal Court, San Diego Judicial Dist.
(1969) 81 Cal.Rptr. 340, 276 C.A.2d 816 [main volume]
certiorari denied 90 S.Ct. 2200, 399 U.S. 910, 26 L.Ed.2d
562, rehearing denied 91 S.Ct. 25, 400 U.S. 855, 27 L.Ed.2d
93.
Neither this section making it the duty of city attorney of
a charter city to prosecute public nuisances, nor Health &
S.C. § 1618 authorizing district attorneys and city attorneys
to prosecute violations of Health and Safety Code or other
statutes reflect a general legislative scheme under which
state has preempted the subject of a general law city atlor-
§ 374. Definitions; littering; waste matter
ney's duties. Montgomery v. Superior Court of Solano
County (1975) 121 Cal.Rptr. 44, 46 C.A.3d 657.
7. Double jeopardy
Dapper v. Municipal Court, San Diego Judicial Dist.
(1969) 81 Cal.Rptr. 340, 276 C.A.2d 816 [main volume]
certiorari denied 90 S.Ct. 2200, 399 U.S. 910, 26 L.Ed.2d
562, rehearing denied 91 S.Ct. 25, 400 U.S. 855, 27 L.Ed.2d
93.
8. Injunction
District attorney of Santa Barbara • county was properly
enjoined pending termination of litigation from attempting
to frustrate power of United States to develop outer conti-
nental shelf by use of private leases to oil companies by
threa1ening prosecutions of oil companies under this section
making it a misdemeanor to maintain public nuisance. Un-
ion Oil Co. of Cal. v. Minier (C.A.1970) 437 F.2d 408.
(a) Littering means the willful or negligent throwing, dropping, placing, depositing, or sweeping,
or causing any such acts, of any waste matter on land or water in other than appropriate storage
containers or areas designated for such purposes.
(b) Waste matter means discarded, used, or leftover substance including, but not limited to, a·
lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage,
trash, refuse, paper, container, packaging 0r construction material, carcass of a dead animal, any
nauseous er 0ffensive matter of any kind, or any object likely to injure any person or create a traffic
hazard.
(Added by Stats.197O, c. 1548, p. 3145, § 2.)
1970 Legislation.
Stats.1970, c. 1548, which amended Health & S.C.
§ 13002; Pen.C. §§ 374b, 374c, 853.6; Veh.C. §§ 1803,
23111, 40512, 40512.5, and added Pen.C. §§ 374, 1463.9;
Pub.Res.C. § 5008.7; and Vch.C. § 42001.7, declared in
§ 12 that: "This act may be cited as the McCarthy-Walsh
Act."
§ 374a. Littering or dumping waste matter; shooting on highways; rewards; payable from fines
• • • Everr person giving • • • information leading to the arrest and conviction of any person for
a violation o~ection 374b or 374c • • • is entitled to a reward therefor .
The amount of the reward for each such arrest and conviction shall be 50 percent of the fine levied
agamst and collected from the person who violated Section 374b or 374c and shall be paid by the
court. If the reward IS paaable to two or more persons, It shall be d1V1ded equally. The amount of
collected fme to be paid un er this section shall be aid rior to an distribution of the fine that ma
be prescribed • by any other section, me u mg ect1on w1 respect to t e same me.
(Amended by Stats.1971, c. 1287, p. 2521, § 1.)
Asterisks • • • Indicate deletions by amendment
289
'• I i'I
/ I
§ 374a
1971 Amendment. Rewrote the first paragraph; and
added the second paragraph.
PENAL CODE
§ 37 4b. Dumping waste matter upon public or private property; private owner; punishment;
removal as condition of probation
It shall be unlawful to dump or cause to be dumped any waste matter in or upon any public or
private highway or road, including any portion of the right-of-way thereof, or in or upon any private
property into or upon which the public is admitted by easement or license, or upon any private
property without the consent of the owner, or in or upon any public park or other public property
other than property designated or set aside for such purpose by the governing board or body having
charge thereof. It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited, or
dumped, any rocks or dirt in or upon any private highway or road, including any portion of the
right-of-way thereof, or any private property, without the consent of the owner, or in or upon any
public park or other public property, without the consent of the state or local agency having
jurisdiction over such highway, road, or property. Any person, firm, or corporation violating the
provisions of this section shall be guilty of an infraction. Each day that waste placed, deposited, or
dumped in violation of this section remains shall be a separate violation.
No portion of this section shall be construed to restrict a private owner in the use of his own
private property, unless the placing, depositing, or dumping of such waste matter on such 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, in which case the provisions of this section shall apply.
Every person convicted of a violation of this section shall be punished by a mandatory fine of not
Jess than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first
conviction, by a mandatory fine of not less than two hundred dollars ($200) nor more than one
thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than three
hundred dollars ($300) nor more than one thousand dollars ($1,000) upon a third or subsequent
conviction.
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.
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 second or subsequent conviction, require as a condition of probation, in addition to any other
condition of probation, that any 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 four hours upon a second
conviction and for not less than eight hours upon a third or subsequent conviction.
(Amended by Stats.1970, c. 1548, p. 3145, § 3; Stats.1971, c. 1287, p. 2521, § 2; Stats.1973, c. 592, p.
11!5, § 2; Stats.1980, c. 74, p. 189, § 1; Stats.1983, c. 1092, p. -, § 272, urgency, eff. Sept. 27,
1983, operative Jan. 1, 1984.)
1970 Amendment. Rewrote the beginning of the first
sentence; added the exception in the second paragraph; and
added the third, fourth and fifth paragraph [the fifth para-
graph was deleted in 1973].
Citation of 1970 act, see note under § 374.
1971 Amendment. increased lhe m;nimum fin£.s from
"$10" "$25", and "$50" to "$50", "$100", and "$150",
respectively.
1973 Amendment. Deleted concluding paragraph per-
taining to abstracts of convictions.
1980 Amendment. Deleted from the first sentenc-e follow-
ing "unlawful'• the words "to litter or cause to be littered
any such property, or"; substituted at the end of the first
sentence "an infraction" for "a misdemeanor"; added the
third sentence in the first paragraph; rewrote the second
paragraph which had read: "No portion of this section shall
be construed to restrict a private owner in the use of his own
private property, except that the placing, depositing, or
dumping of such waste matter on such property shall not
create a public health and safety hazard, a public nuisance,
or a fire hazard, as determined by a local health department,
a local fire department or fire district, or the Division of
Forestry in which case the provisions of this section shall
apply"; inserted the fou1th paragraph; added th~ ex!:Cption
at the beginning of the fifth paragraph; and in the last
paragraph substituted "waste matter .. for "litter ...
1983 Amendment. Increased the minimum fine for a first
conviction from $50 to $100; increased the maximum line
for a first conviction from $500 to Sl,000; increased the
minimum fine for a second conviction from S\00 to $200;
increased the maximum fine for a second conviction from
$500 to S\,000; increased the minimum fine for a third or
subsequent conviction from S 150 to $300; and increased the
maximum fine for a third or subsequent conviction from
$500 to SI ,000.
Underline Indicates changes or additions by amendment
~eW..Yt1..V-3 7~6
PEr
Croso
Ar
§ 37
It
pers
N,
prop
haza
depa
case
drop
inclt
new:
and
pad
E,
man
fllli
man
~
Ti
cone
viol;
less
sub!
(Ad,
Sep1
19
Fe
§ 5,
Stats
19
tion
seco,
fine
the r
§ 3'
1.
E,
bile
of Cl
§ 3'
E
mat
bod
wat
E
lesi
am
as,
tha
Ast
§ 400
Repealed
PENAL CODE
§ 400. Repealed by Stats.1984, c. 438, p. -, § 6
§ 401. Suicide; aiding, advising, or encouraging
Law Re,iew Commentaries
Civil liability for causing or failing to prevent suicide.
(1979) 12 Loyola L.Rev. (Calif.) 967.
Compulsory medical treatment and religious freedom:
Whose law shall prevail. John J. Paris (1975) 10 U.S.F.L.
Rev. I.
Faith healing. (1975) 8 Loyola L.Rev. (Calif.) 396.
Notes of Decisions
1. Construction and application
Where minor entered into genuine suicide pact with his
friend, there was no evidence that friend's participation was
anything but fully voluntary and uncoerced, potential conse-
quences for minor of driving car off cliff were identical to
potential consequences for his passenger and suicide and
attempted suicide were committed simultaneously by the
same act, traditional rationale for holding survivor of pact
guilty of murder was not appropriate and, therefore, minor
could be guilty only of aiding and abetting suicide. In re
Joseph G. (1983) 194 Cal.Rptr. 163,667 P.2d 1176, 34 C.3d
429.
§ 402. Sightseeing at scene of emergency; impeding activities; emergency defined
Every person who goes to the scene of an emergency, or stops at the scene,of an emergency, for
the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical,
or other emergency personnel, or military personnel coping with the emergency in the course of their
duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of
the emergency or to be moving to or from the scene of the emergency for the purpose of protecting
lives or property, unless it is part of the duties of that person's employment to view that scene or
activities, and thereby impedes police officers, firefighters, emergency medical, or other emergency
personnel or military personnel, in the performance of their duties in coping with the emergency, is
guilty of a misdemeano~.
For the purposes of this section, an emergency includes a condition or situation involving injury to
persons, damage to property, or.peril to the safety of persons or property, which results from a fire,
an explosion, an airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a
power plant accident, a toxic chemical or biological spill, or any other natural or human-caused event.
(Amended by Stats.1983, c. 1246, p. -, § 42; Stats.1984, c. 1391, p. -, § 21.)
1983 Amendment. Rewrote the section.
Legislative intent for Stats.1983, c. 1246 to be recompila•
tion of existing law, and to not affect pending litigation
related to the Medical Reform Act, see note under Civ.C.
§ 56.10.
1984 Amendment. Substituted "emergency" for "disas•
ter" in two places in the first paragraph.
§ 402b. Refrigerators, washing machines, etc. not in use; failure to remove door or latch
mechanism; offense; effect of section in case of death or injury; exemptions
Any person who discards or abandons or leaves in any place accessible to children any refrigerator,
icebox, • • • deep-freeze locker, clothes <!!:Jer.L washi!!K_ machin~ or other ~iance, having a
capacity of one and one-half cubic feet or more, whTch is no longer in use, ana which has not had the
door removed or the hinges and such portion of the latch mechanism removed to prevent latching or
locking of the door, is guilty of a misdemeanor. Any owner, lessee, or manager who knowingly
permits such a refrigerator, icebox, • • • deep--freeze locker, clothes d er washin machine or
other appliance to remain on premises under his control without havmg t e oor remov or e
hinges and such portion of the latch mechanism removed to prevent latching or locking of the door, is
guilty of a misdemeanor. Guilt of a violation of this section shall not, in itself, render one guilty of
manslaughter, battery or other crime against a person who may suffer death or injury from
entrapment in such ~ refrigerator, icebox, • • • deep--freeze locker, clothes dryer, washing machine,
or other appliance. -.
The provisions of this section shall not apply to any vendor or seller of refrigerators, iceboxes, • •
deep--freeze lockers, clothes dryers, washing machines, or other ap~liances, who keeps or stores them
for sale purposes, if the vendor or seller takes reasonable precautions to effectively secure the door
of any such refrigerator, icebox, • • • deep-freeze locker, clothes dryer, washing machine, or other
appliance so as to prevent entrance by children small enough to fit therein. .
(Amended by Stats.1976, c. 1122, p. 5025, § 1.)
Underline Indicates changes or additions by amendment
302
197t
"cloth
§ 401
The
2833, !
to a re:
Sectic
409.6.
415.
417.1.
417.6.
417.8.
§ 403.
Eve
meetiJ
Code:
(Amer
1976
instead
Law R,
Breac
290.
Habeas
1. Coa
Wher
offenses
were as:
tory gro
teenth J
tion for
Cal. v. l
91 S.Ct.
When
local gc
§ 404.
~)
violenc
and wi
~
Place c
jail, in<
(Amern
Aster11