CC Resolution 1983-047( RESOLUTION NO. 83-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, REQUESTING THE MUNICIPAL
COURT JUDGES TO UTILIZE THE AUTHORITY IN PENAL
CODE SECTIONS 374 b AND 374 b.5. TO REQUIRE
LITTERERS AND DUMPERS TO PERFORM SERVICES PICKING
UP LITTER AND WASTE MATTER ALONG ROADSIDES IN
LA QUINTA.
WHEREAS, California Penal Code Sections 374 b and 374 b.5.
relating to unlawful dumping or littering, vest authority in the
Municipal Courts in certain cases and under appropriate circumstances,
to require as a condition of probation that the violator pick up litter
or waste matter for a certain number of hours at a time and place as
directed by the Court; and
WHEREAS, the City of La Quinta has a severe problem of littering
along certain of its thoroughfares, and is utilizing all available
measures and resources in attempting to cope with this disgraceful
problem and to thereby improve the environment for its citizens;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of La Quinta does respectfully request and urge the Municipal Court
Judges having jurisdiction in cases involving violations of the
aforesaid Penal Code sections on littering and dumping, to impose in
every case deemed appropriate by the Court, the requirement that the
violator spend time assisting the municipal authorities in La Quinta
in picking up the roadside litter and waste that such violators have
thrown, dumped or contributed to.
BE IT FURTHER RESOLVED that the City Clerk shall cause copies of
this Resolution to be transmitted to the Municipal Court Judges
exercising jurisdiction over the La Quinta city area.
APPROVED and ADOPTED this 16th day of August 1983.
MAYOR
ATTEST
CITY RK
APPROVED AS TO FORM: APPROVED AS TO CONTENT
7
ATTORNEY ER
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( PPNAI Co1)lL' 3741).5
t 34b, flumping waRte matter upon pulilic or private property; pri?ate owner: punts birent;
removal at, condition or probation
It shalt be unlawful to dunno or Aut Ut fit ilum,cr-*j' anv W'Thie rylatter In or upon any public or
private' highway or road, including any x)rtii)n of the nghtof-way thereof, or in or uttlin any private
propertY into or Upon which the oublic is atirnittetil by easement or lict,*nse, or upon any private
property without the nsent of the owner, or in or Uporl any public park or other public property
other than property designated or set aside for such purpose by the governing hoand or body having
charge theneof It shall he unlawfUl to place, deposi? 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
Hrhtof-way there?f, or any pri?-ate property, without the Consent 0f the owner. or in or upon any
rubjic riark or otr?ier pullic- property, without the con?*-?flt of the state or sca agency having
jurisdiction over such high way, road, or property? Any pt'rs? on, firm, or coflntration violating the *
tirotiSiens of this seOtion shall he gnilty of an infrnction? Each_duv- that
lOr-'!?fl?tl in vj()l:i'.-it:?r'.- oy' this cctiofl ron!ain': stiti!. he a sellarart violv.tict.n?
* \o portion or this s-ection shall he coristruitil to restrict a private owner in the u-se of his own privatt
pN)?wrty unless the placing depositing or dumping 0f 5uCfl aste matter on such property k
creates a public health and safety haiaru a puhito nut?anc( or a fire hazard as deternined bv a local r
ciecartinent local fire der)artment or district irn-ivi,iin? fir'- protection servi((5 or the
DhCC?lahtment or Forestry in whic? caso J?isions or this section hall apply p
* Every person convicted of a violation of this section hall be punished by a rnandatorv fine of not
less than fiftv dollars l??O) nor more th Ir five hundreti dollars AO) apon a first conv?cton, by a
mandator? fine OX not le?? than tint nundrttl dolla-, $?(Ol nor more than five hundretil dollars $5OO?
upon a s&cond conviction and ov a mand?uj-i fine of not lc? tOan on? undrt iS fittv duala-s $Iafl) nor
more than five flu nd-tO OctIlArs tt??OOt upon third or O ImLOilt nt conviction
The court ma vr*'iuirF n tl(1it On to nv firit imjtttst''l j+X)fl a con' Id ion that t a condition of
LELtY-at_on a rid ri j(4M C, fl t ifl? 0 Ott i t 0 t PC, mon onv c' t?i linde thts Section
remove or 1A? the ro?t 0? removiflfl t injtte whicri t he cnL\i;je....d?>(jn:9 4 r 9(5] Cc- causisl
to is. In u I> IC em') v-ate yroi 5' tv
Exceypt her th?' ooL'r' rt-ttUires the cofl i( t(>il*>rson to remove waste matter ni n he or qhe q
rC?J')C'o?l')iC I 1r C'' mit' S A Op?'tiOn 0 PrclC 1' On the coUrt may, in addition to the iflt mpestd-
upon a eeon 0 uo?quent cOnvic'ion e ndition of probation, in addition1n ary other
conuitior OX proil itici hat ao? person eonvicteo of a violation of this section pick up waste
matte- at a time anil niace ithin the juriqdiction of the court for not lass than four hoor? upon a
COOfiti conviction and for not less than tight hours Utyon a third or sulyse?oent Conviction.
Amended by Stats.1970. C 1548, p 314a, 3; Stits?1?1. c 287, p- 2521, 2; Stats?1971, c 592, p-
1115, 2; Sta??19?t, c 74, p.l89, 1?)
374h.5. Litter public or pri?at? property; infractiori; private owner,' fine?; pick up litter
condition of probation
It shall be unlawful to litter or canse to be littered in or upon any public or private property. Any
person. or corporation violating the provisions of this ection hiall be guilty of an infran?o[1?
No portion of this sector shall he construed to restrict a private o?-ner in the use of his or her ovn
property, UnleSs the littering of tite matter on such property creates a public health and safety
har?rd? a public nuisance, or a fire harsrd, deterinined by a local he?th departmen? k'cal fire
deriartmeot or district providing line proti?t)on ierv1ct?. or the flepartment or Forestry. in which cieqe
the provisions of this soctior hall apply. As u.?s] in this rection litter mcans the di.tr?rding,
dropping. or rctiitu,.rn.ng or Sm,. oantilit? of waste matter ordinarilv carried on or about the pe?n,
including, hut not limittsd fl rtevt ag( lonbi- inert and etteures, pstckah'nIig, wrappers, wastepaper,
newMpai&rt and mat"'Aiifl(' in a ithact otcher than a plaet- or contaifler for the proper disposal thereof,
and innlec'inc asJ. niatti.- hicn t>i??ib*a.s or V aAlctw&d ti, f-si-ape from a container rtteeptacle, or
ilackag'
Ev-er; net?on, firm or IOflbctrabOri U)rVtOttd. of a v- itnifi 0' this sir tion ali i?- jiurtisnEl- by a
mart ton finE 0t Ufi fittliArt $10) uJcn a first cx)nvictior I- a rnandatorl' fint of not tea than
twOfit; five dohin $1 I) rio- morc than five huncirti': t],?i r, C' XII U1K)fl a tc%.)flO c*)nv lotion and by a
manoatory fine of not iE-? than fifty dollars $$?i ricir mitre tn?n fivc- huridretil doll &O) citon a
third or suhscioeflt a>nviction.
The coUrt rnav in addition to the fine impctsted upon ultses?quent ainviction reoUlne as a
condition of probation in addition to any other condition of protiation. that any rkrson con?c.ted or a
violatnin of this cbon pici Up litter at a bme. and p itt tthir e urisdiction of tht Court for not
leis than four hoi]rs upon a H 0 ond ronviction and for not eve-s than eight hours upon a third or
sujiVC:'ouenl conviction.
Added tiy C- 74, l,-. lIll, 3.)
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