Of crimes against the public health and safety
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369a. (a) The Legislature hereby finds and declares the following:
(1) Rail transit traffic safety programs are necessary to educate
the public about the potential for harm and injury arising from an
individual's disregard for, and violation of, rail-related traffic
safety laws, and to increase the consequences for those persons
violating rail-related traffic safety laws.
(2) Currently, there does not exist a unified statewide system to
deal with the ever increasing problem of rail-related traffic safety
violators, and to provide a method of educating the public.
(b) In each county with a population greater than 500,000 in which
a transportation commission or authority has been established and it
owns or operates rail transit facilities, the commission or
authority may provide and disseminate appropriate educational
materials to traffic schools to aid in reducing the number of
rail-related traffic accidents, including, but not limited to, a film
developed or caused to be developed by the transportation commission
or authority on rail transit safety.
369b. (a) This section shall only apply to counties with a
population greater than 500,000.
(b) The court may order any person convicted of a rail transit
related traffic violation, as listed in subdivision (c), to attend a
traffic school that offers, as a part of its curriculum, a film
developed or caused to be developed by a transportation commission or
authority on rail transit safety.
(c) For a first offense, a court, at its discretion, may order any
person cited for any of the following violations to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail transit safety film prepared by a county transportation
commission or authority, pay an additional fine of one hundred
dollars ($100), or both:
(1) Section 369g.
(2) Section 369i.
(3) Subdivision (c) of Section 21752, Section 22450, 22451, or
22452, or subdivision (c) of Section 22526, of the Vehicle Code,
involving railroad grade crossings.
(d) For a second or subsequent violation as provided in
subdivision (c), a court shall order a person to pay an additional
fine of up to two hundred dollars ($200) and to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail safety film prepared by a county transportation
commission or authority.
(e) All fines collected according to this section shall be
distributed pursuant to Sections 1463 and 1463.12, as applicable.
369d. Any person who enters upon or crosses any railroad, at any
private passway, which is inclosed by bars or gates, and neglects to
leave the same securely closed after him, is guilty of a misdemeanor.
369g. (a) Any person who rides, drives, or propels any vehicle upon
and along the track of any railroad through or over its private
right-of-way, without the authorization of its superintendent or
other officer in charge thereof, is guilty of a misdemeanor.
(b) Any person who rides, drives, or propels any vehicle upon and
along the track of any railline owned or operated by a county
transportation commission or transportation authority without the
authorization of the commission or authority is guilty of a
misdemeanor.
369h. Any person, partnership, firm or corporation installing,
setting up, maintaining or operating upon public or private property,
any sign or light in line of vision along any main line track of any
railroad in this State of such type or in such form or manner that
it may be mistaken for any fixed or standard railroad signal when
viewed from an approaching locomotive cab, railway car, or train, by
the operators or employees upon such locomotive cab, railway car or
train, so as to hinder the safe and efficient operation of such
locomotive, railway car or train, and endanger the safety of persons
or property upon such locomotive, railway car, or train, shall be
guilty of maintaining a public nuisance. No sign, signal, flare or
light placed within the right of way of any street or highway by
public authorities in charge thereof, considered necessary by them to
direct or warn highway traffic, shall be deemed to violate this
section.
369i. (a) Any person who enters or remains upon the property of any
railroad without the permission of the owner of the land, the owner'
s agent, or the person in lawful possession and whose entry,
presence, or conduct upon the 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 subdivision, "property of any railroad" means any
land owned, leased, or possessed by a railroad upon which is placed a
railroad track and the land immediately adjacent thereto, to the
distance of 20 feet on either side of the track, which is owned,
leased, or possessed by a railroad.
(b) Any person who enters or remains upon any rail transit related
property owned or operated by a county transportation commission or
transportation authority without permission or whose entry, presence,
or conduct upon the property interferes with, interrupts, or hinders
the safe and efficient operation of the railline or rail-related
facility is guilty of a misdemeanor.
As used in this subdivision, "rail transit related property" means
any land or facilities owned, leased, or possessed by a county
transportation commission or transportation authority.
(c) This section does not prohibit picketing in the immediately
adjacent area of the property of any railroad or rail transit related
property or any lawful activity by which the public is informed of
the existence of an alleged labor dispute.
(370.) Section Three Hundred and Seventy. 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 number of persons, or
unlawfully 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.
371. 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 damage
inflicted upon individuals is unequal.
372. Every person who maintains or commits any public nuisance, the
punishment for which is not otherwise prescribed, or who willfully
omits to perform any legal duty relating to the removal of a public
nuisance, is guilty of a misdemeanor.
373a. Every person who maintains, permits, or allows a public
nuisance to exist upon his or her property or premises, and every
person occupying 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 attorney 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 misdemeanors, to prosecute all
persons guilty of violating this section by continuous prosecutions
until the nuisance is abated and removed.
374. (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 or construction material,
carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person or create a traffic
hazard.
374.2. (a) It is unlawful for any person to maliciously discharge,
dump, release, place, drop, pour, or otherwise deposit, or to
maliciously cause to be discharged, dumped, released, placed,
dropped, poured, or otherwise deposited, any substance capable of
causing substantial damage or harm to the operation of a public sewer
sanitary facility, or to deposit in commercial quantities any other
substance, into a manhole, cleanout, or other sanitary sewer
facility, not intended for use as a point of deposit for sewage,
which is connected to a public sanitary sewer system, without
possessing a written authorization therefor granted by the public
entity which is charged with the administration of the use of the
affected public sanitary sewer system or the affected portion of the
public sanitary sewer system.
As used in this section, "maliciously" means an intent to do a
wrongful act.
(b) For the purposes of this section "person" means an individual,
trust, firm, partnership, joint stock company, limited liability
company, or corporation, and "deposited in commercial quantities"
refers to any substance deposited or otherwise discharged in any
amount greater than for normal domestic sewer use.
(c) Lack of specific knowledge that the facility into which the
prohibited discharge or release occurred is connected to a public
sanitary sewer system shall not constitute a defense to a violation
charged under this section.
(d) Any person who violates this section shall be punished by
imprisonment in the county jail for not more than one year, or by a
fine of up to twenty-five thousand dollars ($25,000), or by both a
fine and imprisonment. If the conviction is for a second or
subsequent violation, the person shall be punished by imprisonment in
the county jail for not more than one year, or imprisonment in the
state prison for 16, 20, or 24 months, and by a fine of not less than
five thousand dollars ($5,000) or more than twenty-five thousand
dollars ($25,000).
374.3. (a) It is unlawful to dump or cause to be dumped waste
matter in or upon a public or private 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
upon private property without the consent of the owner, 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 this section is guilty of an infraction.
Each day that waste placed, deposited, or dumped in violation of
subdivision (a) or (b) remains 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 this section 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) For purposes of this section, "person" means an individual,
trust, firm, partnership, joint stock company, joint venture, or
corporation.
(j) 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.
374.4. (a) It is unlawful to litter or cause to be littered in or
upon public or private property. A person, firm, or corporation
violating this section is guilty of an infraction.
(b) This section does not restrict a private owner in the use of
his or her own property, unless the littering of 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.
(c) As used in this section, "litter" means the discarding,
dropping, or scattering of small quantities of waste matter
ordinarily carried on or about the person, including, but not limited
to, beverage containers and closures, packaging, wrappers,
wastepaper, newspapers, and magazines, in a place other than a place
or container for the proper disposal thereof, and including waste
matter that escapes or is allowed to escape from a container,
receptacle, or package.
(d) A person, firm, or corporation convicted of a violation of
this section 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.
(e) 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 any person convicted of a
violation of this section pick up litter at a time and place within
the jurisdiction of the court for not less than eight hours.
374.5. (a) It is unlawful for any grease waste hauler to do either
of the following:
(1) Reinsert, deposit, dump, place, release, or discharge into a
grease trap, grease interceptor, manhole, cleanout, or other sanitary
sewer appurtenance any materials that the hauler has removed from
the grease trap or grease interceptor, or to cause those materials to
be so handled.
(2) Cause or permit to be discharged in or on any waters of the
state, or discharged in or deposited where it is, or probably will
be, discharged in or on any waters of the state, any materials that
the hauler has removed from the grease trap or grease interceptor, or
to cause those materials to be so handled.
(b) The prohibition in subdivision (a), as it pertains to
reinsertion of material removed from a grease trap or grease
interceptor, shall not apply to a grease waste hauler if all of the
following conditions are met:
(1) The local sewer authority having jurisdiction over the pumping
and disposal of the material specifically allows a registered grease
waste hauler to obtain written approval for the reinsertion of
decanted liquid.
(2) The local sewer authority has determined that, if reinsertion
is allowed, it is feasible to enforce local discharge limits for
fats, oil, and grease, if any, and other local requirements for best
management or operating practices, if any.
(3) The grease waste hauler is registered pursuant to Section
19310 of the Food and Agricultural Code.
(4) The registered grease waste hauler demonstrates to the
satisfaction of the local sewer authority all of the following:
(A) It will use equipment that will adequately separate the water
from the grease waste and solids in the material so as to comply with
applicable regulations.
(B) Its employees are adequately trained in the use of that
equipment.
(5) The registered grease waste hauler demonstrates both of the
following:
(A) It has informed the managerial personnel of the owner or
operator of the grease trap or interceptor, in writing, that the
grease waste hauler may reinsert the decanted materials, unless the
owner or operator objects to the reinsertion.
(B) The owner or operator has not objected to the reinsertion of
the decanted materials. If the owner or operator of the grease trap
or interceptor objects to the reinsertion, no decanted material may
be inserted in that grease trap or interceptor.
(c) A grease waste hauler shall not transport grease removed from
a grease trap or grease interceptor in the same vehicle used for
transporting other waste, including, but not limited to, yellow
grease, cooking grease, recyclable cooking oil, septic waste, or
fluids collected at car washes.
(d) For purposes of this section, a "grease waste hauler" is a
transporter of inedible kitchen grease subject to registration
requirements pursuant to Section 19310 of the Food and Agricultural
Code.
(e) Any person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than six months or a fine of not more than ten thousand dollars
($10,000), or both a fine and imprisonment.
A second and subsequent conviction, shall be punishable by
imprisonment in a county jail for not more than one year, or a fine
of not more than twenty-five thousand dollars ($25,000), or both a
fine and imprisonment.
(f) Notwithstanding Section 1463, the fines paid pursuant to this
section shall be apportioned as follows:
(1) Fifty percent shall be deposited in the Environmental
Enforcement and Training Account established pursuant to Section
14303, and used for purposes of Title 13 (commencing with Section
14300) of Part 4.
(2) Twenty-five percent shall be distributed pursuant to Section
1463.001.
(3) Twenty-five percent to the local health officer or other local
public officer or agency that investigated the matter which led to
bringing the action.
(g) If the court finds that the violator has engaged in a practice
or pattern of violation, consisting of two or more convictions, the
court may bar the violating individual or business from engaging in
the business of grease waste hauling for a period not to exceed five
years.
(h) The court may require, in addition to any fine imposed upon
conviction, that as a condition of probation and in addition to any
other punishment or condition of probation, that a person convicted
under this section remove, or pay the cost of removing, to the extent
they are able, any materials which the convicted person dumped or
caused to be dumped in violation of this section.
(i) This section does not prohibit the direct receipt of trucked
grease by a publicly owned treatment works.
374.7. (a) A person who litters or causes to be littered, or dumps
or causes to be dumped, waste matter into a bay, lagoon, channel,
river, creek, slough, canal, lake, or reservoir, or other stream or
body of water, or upon a bank, beach, or shore within 150 feet of the
high water mark of a stream or body of water, is guilty of a
misdemeanor.
(b) A person convicted of a violation of subdivision (a) 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.
(c) 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 any person convicted of a
violation of subdivision (a), pick up litter at a time and place
within the jurisdiction of the court for not less than eight hours.
374.8. (a) In any prosecution under this section, proof of the
elements of the offense shall not be dependent upon the requirements
of Title 22 of the California Code of Regulations.
(b) Any person who knowingly causes any hazardous substance to be
deposited into or upon any road, street, highway, alley, or railroad
right-of-way, or upon the land of another, without the permission of
the owner, or into the waters of this state is punishable by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for a term of 16 months, two years,
or three years, or by a fine of not less than fifty dollars ($50) nor
more than ten thousand dollars ($10,000), or by both the fine and
imprisonment, unless the deposit occurred as a result of an emergency
that the person promptly reported to the appropriate regulatory
authority.
(c) For purposes of this section, "hazardous substance" means
either of the following:
(1) Any material that, because of its quantity, concentration, or
physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environment if
released into the environment, including, but not limited to,
hazardous waste and any material that the administering agency or a
handler, as defined in Chapter 6.91 (commencing with Section 25410)
of Division 20 of the Health and Safety Code, has a reasonable basis
for believing would be injurious to the health and safety of persons
or harmful to the environment if released into the environment.
(2) Any substance or chemical product for which one of the
following applies:
(A) The manufacturer or producer is required to prepare a MSDS, as
defined in Section 6374 of the Labor Code, for the substance or
product pursuant to the Hazardous Substances Information Training Act
(Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5
of the Labor Code) or pursuant to any applicable federal law or
regulation.
(B) The substance is described as a radioactive material in
Chapter 1 of Title 10 of the Code of Federal Regulations maintained
and updated by the nuclear Regulatory Commission.
(C) The substance is designated by the Secretary of Transportation
in Chapter 27 (commencing with Section 1801) of the appendix to
Title 49 of the United States Code and taxed as a radioactive
substance or material.
(D) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
374a. A person giving information leading to the arrest and
conviction of a person for a violation of Section 374c, 374.2, 374.3,
374.4, or 374.7 is entitled to a reward for providing the
information.
The amount of the reward for each arrest and conviction shall be
50 percent of the fine levied against and collected from the person
who violated Section 374c, 374.2, 374.3, 374.4, or 374.7 and shall be
paid by the court. If the reward is payable to two or more persons,
it shall be divided equally. The amount of collected fine to be paid
under this section shall be paid prior to any distribution of the
fine that may be prescribed by any other section, including Section
1463.9, with respect to the same fine.
374c. Every person who shoots any firearm from or upon a public
road or highway is guilty of a misdemeanor.
374d. Every person who knowingly allows the carcass of any dead
animal which belonged to him at the time of its death to be put, or
to remain, within 100 feet of any street, alley, public highway, or
road in common use, and every person who puts the carcass of any dead
animal within 100 feet of any street, alley, highway, or road in
common use is guilty of a misdemeanor.
375. (a) It shall be unlawful to throw, drop, pour, deposit,
release, discharge or expose, or to attempt to throw, drop, pour,
deposit, release, discharge or expose in, upon or about any theater,
restaurant, place of business, place of amusement or any place of
public assemblage, any liquid, gaseous or solid substance or matter
of any kind which is injurious to person or property, or is nauseous,
sickening, irritating or offensive to any of the senses.
(b) It shall be unlawful to manufacture or prepare, or to possess
any liquid, gaseous, or solid substance or matter of any kind which
is injurious to person or property, or is nauseous, sickening,
irritating or offensive, to any of the senses with intent to throw,
drop, pour, deposit, release, discharge or expose the same in, upon
or about any theater, restaurant, place of business, place of
amusement, or any other place of public assemblage.
(c) Any person violating any of the provisions hereof shall be
punished by imprisonment in the county jail for not less than three
months and not more than one year, or by a fine of not less than five
hundred dollars ($500) and not more than two thousand dollars
($2,000), or by both such fine and imprisonment.
(d) Any person who, in violating any of the provisions of
subdivision (a), willfully employs or uses any liquid, gaseous or
solid substance which may produce serious illness or permanent injury
through being vaporized or otherwise dispersed in the air or who, in
violating any of the provisions of subdivision (a), willfully
employs or uses any tear gas, mustard gas or any of the combinations
or compounds thereof, or willfully employs or uses acid or
explosives, shall be guilty of a felony and shall be punished by
imprisonment in the state prison.
377. Every person who, in order to obtain for himself or another
any drug that can be lawfully dispensed by a pharmacist only on
prescription, falsely represents himself to be a physician or other
person who can lawfully prescribe such drug, or falsely represents
that he is acting on behalf of a person who can lawfully prescribe
such drug, in a telephone communication with a pharmacist, is guilty
of a misdemeanor.
380. (a) Every person who sells, dispenses or distributes toluene,
or any substance or material containing toluene, to any person who is
less than 18 years of age shall be guilty of a misdemeanor, and upon
conviction shall be fined in a sum of not less than one thousand
dollars ($1,000), nor more than two thousand five hundred dollars
($2,500), or by imprisonment for not less than six months nor more
than one year.
(b) The court shall order the suspension of the business license,
for a period of one year, of a person who knowingly violates any of
the provisions of this section after having been previously convicted
of a violation of this section unless the owner of such business
license can demonstrate a good faith attempt to prevent illegal sales
or deliveries by employees. The provisions of this subdivision
shall become operative on July 1, 1980.
(c) The provisions of this section shall apply to, but are not
limited to, the sale or distribution of glue, cement, dope, paint
thinners, paint, and any combination of hydrocarbons either alone or
in combination with any substance or material including, but not
limited to, paint, paint thinners, shellac thinners, and solvents
which, when inhaled, ingested or breathed, can cause a person to be
under the influence of, or intoxicated from, any such combination of
hydrocarbons.
This section shall not prohibit the sale of gasoline or other
motor vehicle fuels to persons less than 18 years of age.
(d) This section shall not apply to any glue or cement which has
been certified by the State Department of Health Services as
containing a substance which makes such glue or cement malodorous or
causes such glue or cement to induce sneezing, nor shall this section
apply where the glue or cement is sold, delivered, or given away
simultaneously with or as part of a kit used for the construction of
model airplanes, model boats, model automobiles, model trains, or
other similar models or used for the assembly or creation of hobby
craft items using such components as beads, tiles, tiffany glass,
ceramics, clay, or other craft-related components.
381. (a) Any person who possesses toluene or any substance or
material containing toluene, including, but not limited to, glue,
cement, dope, paint thinner, paint and any combination of
hydrocarbons, either alone or in combination with any substance or
material including but not limited to paint, paint thinner, shellac
thinner, and solvents, with the intent to breathe, inhale or ingest
for the purpose of causing a condition of intoxication, elation,
euphoria, dizziness, stupefaction, or dulling of the senses or for
the purpose of, in any manner, changing, distorting or disturbing the
audio, visual, or mental processes, or who knowingly and with the
intent to do so is under the influence of toluene or any material
containing toluene, or any combination of hydrocarbons is guilty of a
misdemeanor.
(b) Any person who possesses any substance or material, which the
State Department of Health Services has determined by regulations
adopted pursuant to the Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) has toxic qualities similar to toluene, with
the intent to breathe, inhale, or ingest for the purpose of causing a
condition of intoxication, elation, euphoria, dizziness, excitement,
irrational behavior, exhilaration, satisfaction, stupefaction, or
dulling of the senses or for the purpose of, in any manner, changing,
distorting or disturbing the audio, visual, or mental processes, or
who is under the influence of such substance or material is guilty of
a misdemeanor.
381a. Any person, or persons, whether as principals, agents,
managers, or otherwise, who buy or sell dairy products, or deal in
milk, cream or butter, and who buy or sell the same upon the basis of
their richness or weight or the percentage of cream, or butter-fat
contained therein, who use any apparatus, test bottle or other
appliance, or who use the "Babcock test" or machine of like character
for testing such dairy products, cream or butter, which is not
accurate and correct, or which gives wrong or false percentages, or
which is calculated in any way to defraud or injure the person with
whom he deals, is guilty of a misdemeanor, and upon conviction shall
be fined not more than one thousand dollars ($1,000) or imprisoned in
the county jail not more than six (6) months.
381b. Any person who possesses nitrous oxide or any substance
containing nitrous oxide, with the intent to breathe, inhale, or
ingest for the purpose of causing a condition of intoxication,
elation, euphoria, dizziness, stupefaction, or dulling of the senses
or for the purpose of, in any manner, changing, distorting, or
disturbing the audio, visual, or mental processes, or who knowingly
and with the intent to do so is under the influence of nitrous oxide
or any material containing nitrous oxide is guilty of a misdemeanor.
This section shall not apply to any person who is under the
influence of nitrous oxide or any material containing nitrous oxide
pursuant to an administration for the purpose of medical, surgical,
or dental care by a person duly licensed to administer such an agent.
382. Every person who adulterates or dilutes any article of food,
drink, drug, medicine, spirituous or malt liquor, or wine, or any
article useful in compounding them, with the fraudulent intent to
offer the same, or cause or permit it to be offered for sale as
unadulterated or undiluted; and every person who fraudulently sells,
or keeps or offers for sale the same, as unadulterated or undiluted,
or who, in response to an inquiry for any article of food, drink,
drug, medicine, spirituous or malt liquor, or wine, sells or offers
for sale, a different article, or an article of a different character
or manufacture, without first informing such purchaser of such
difference, is guilty of a misdemeanor; provided, that no retail
dealer shall be convicted under the provisions of this section if he
shall prove a written guaranty of purity obtained from the person
from whom he purchased such adulterated or diluted goods.
382.4. No person, other than a licensed veterinarian, shall
administer succinylcholine, also known as sucostrin, to any dog or
cat.
Violation of this section shall constitute a misdemeanor.
382.5. Every person who sells, dispenses, administers or prescribes
dinitrophenol for any purpose shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.
This section shall not apply to dinitrophenol manufactured or sold
as an economic poison registered under the provision of Section
12811 of the Food and Agricultural Code nor to sales for use in
manufacturing or for scientific purposes, and not for human
consumption.
382.6. Every person who sells, dispenses, administers or prescribes
preparations containing diphenylamine, paraphenylenediamine, or
paratoluylenediamine, or a derivative of any such chemicals, to be
used as eyebrow and eyelash dye, shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.
382.7. Every person who knowingly prescribes, dispenses,
administers, or furnishes any liquid silicone substance for the
purpose of injection into a human breast or mammary is guilty of a
misdemeanor.
383. Every person who knowingly sells, or keeps or offers for sale,
or otherwise disposes of any article of food, drink, drug, or
medicine, knowing that the same is adulterated or has become tainted,
decayed, spoiled, or otherwise unwholesome or unfit to be eaten or
drunk, with intent to permit the same to be eaten or drunk, is guilty
of a misdemeanor, and must be fined not exceeding one thousand
dollars ($1,000), or imprisoned in the county jail not exceeding six
months, or both, and may, in the discretion of the court, be adjudged
to pay, in addition, all the necessary expenses, not exceeding one
thousand dollars ($1,000), incurred in inspecting and analyzing such
articles. The term "drug," as used herein, includes all medicines for
internal or external use, antiseptics, disinfectants, and cosmetics.
The term "food," as used herein, includes all articles used for
food or drink by man, whether simple, mixed, or compound. Any
article is deemed to be adulterated within the meaning of this
section:
(a) In case of drugs: (1) if, when sold under or by a name
recognized in the United States Pharmacopoeia, it differs materially
from the standard of strength, quality, or purity laid down therein;
(2) if, when sold under or by a name not recognized in the United
States Pharmacopoeia, but which is found in some other pharmacopoeia
or other standard work on materia medica, it differs materially from
the standard of strength, quality, or purity laid down in such work;
(3) if its strength, quality, or purity falls below the professed
standard under which it is sold.
(b) In the case of food: (1) if any substance or substances have
been mixed with it, so as to lower or depreciate, or injuriously
affect its quality, strength, or purity; (2) if any inferior or
cheaper substance or substances have been substituted wholly or in
part for it; (3) if any valuable or necessary constituent or
ingredient has been wholly or in part abstracted from it; (4) if it
is an imitation of, or is sold under the name of, another article;
(5) if it consists wholly, or in part, of a diseased, decomposed,
putrid, infected, tainted, or rotten animal or vegetable substance or
article, whether manufactured or not; or in the case of milk, if it
is the produce of a diseased animal; (6) if it is colored, coated,
polished, or powdered, whereby damage or inferiority is concealed, or
if by any means it is made to appear better or of greater value than
it really is; (7) if it contains any added substance or ingredient
which is poisonous or injurious to health.
383a. Any person, firm, or corporation, who sells or offers for
sale, or has in his or its possession for sale, any butter
manufactured by boiling, melting, deodorizing, or renovating, which
is the product of stale, rancid, or decomposed butter, or by any
other process whereby stale, rancid, or decomposed butter is
manufactured to resemble or appear like creamery or dairy butter,
unless the same is plainly stenciled or branded upon each and every
package, barrel, firkin, tub, pail, square, or roll, in letters not
less than one half inch in length, "process butter," or "renovated
butter," in such a manner as to advise the purchaser of the real
character of such "process" or "renovated" butter, is guilty of a
misdemeanor.
383b. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be kosher, whether such meat or meat preparations be raw or
prepared for human consumption, or as having been prepared under and
from a product or products sanctioned by the orthodox Hebrew
religious requirements; or falsely represents any food product, or
the contents of any package or container, to be so constituted and
prepared, by having or permitting to be inscribed thereon the words
"kosher" in any language; or sells or exposes for sale in the same
place of business both kosher and nonkosher meat or meat
preparations, either raw or prepared for human consumption, who fails
to indicate on his window signs in all display advertising in block
letters at least four inches in height "kosher and nonkosher meats
sold here"; or who exposes for sale in any show window or place of
business as both kosher and nonkosher meat preparations, either raw
or prepared for human consumption, who fails to display over each
kind of meat or meat preparation so exposed a sign in block letters
at least four inches in height, reading "kosher meat" or "nonkosher
meat" as the case may be; or sells or exposes for sale in any
restaurant or any other place where food products are sold for
consumption on the premises, any article of food or food preparations
and falsely represents the same to be kosher, or as having been
prepared in accordance with the orthodox Hebrew religious
requirements; or sells or exposes for sale in such restaurant, or
such other place, both kosher and nonkosher food or food preparations
for consumption on the premises, not prepared in accordance with the
Jewish ritual, or not sanctioned by the Hebrew orthodox religious
requirements, and who fails to display on his window signs in all
display advertising, in block letters at least four inches in height
"kosher and nonkosher food served here" is guilty of a misdemeanor
and upon conviction thereof be punishable by a fine of not less than
one hundred dollars ($100), nor more than six hundred dollars ($600),
or imprisonment in the county jail of not less than 30 days, nor
more than 90 days, or both such fine and imprisonment.
The word "kosher" is here defined to mean a strict compliance with
every Jewish law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment and preparation thereof for human consumption,
and the manufacture, production, treatment and preparation of such
other food or foods in connection wherewith Jewish laws and customs
obtain and to the use of tools, implements, vessels, utensils, dishes
and containers that are used in connection with the killing of such
animals and fowls and the dressing, preparation, production,
manufacture and treatment of such meats and other products, foods and
food stuffs.
383c. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be halal, whether the meat or meat preparations is raw or prepared
for human consumption, or as having been prepared under and from a
product or products sanctioned by the Islamic religious requirements;
or falsely represents any food product, or the contents of any
package or container, to be so constituted and prepared, by having or
permitting to be inscribed thereon the word "halal" in any language;
or sells or exposes for sale in the same place of business both
halal and nonhalal meat or meat preparations, either raw or prepared
for human consumption, who fails to indicate on his or her window
signs in all display advertising in block letters at least four
inches in height "halal and nonhalal meats sold here"; or who exposes
for sale in any show window or place of business as both halal and
nonhalal meat preparations, either raw or prepared for human
consumption, who fails to display over each kind of meat or meat
preparation so exposed a sign in block letters at least four inches
in height, reading "halal meat" or "nonhalal meat" as the case may
be; or sells or exposes for sale in any restaurant or any other place
where food products are sold for consumption on the premises, any
article of food or food preparations and falsely represents the same
to be halal, or as having been prepared in accordance with the
Islamic religious requirements; or sells or exposes for sale in a
restaurant, or other place, both halal and nonhalal food or food
preparations for consumption on the premises, not prepared in
accordance with the Islamic ritual, or not sanctioned by Islamic
religious requirements, and who fails to display on his or her window
signs in all display advertising, in block letters at least four
inches in height "halal and nonhalal food served here" is guilty of a
misdemeanor and upon conviction thereof be punishable by a fine of
not less than one hundred dollars ($100), nor more than six hundred
dollars ($600), or imprisonment in a county jail of not less than 30
days, nor more than 90 days, or both that fine and imprisonment.
The word "halal" is here defined to mean a strict compliance with
every Islamic law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment, and preparation thereof for human consumption,
and the manufacture, production, treatment, and preparation of other
food or foods in connection wherewith Islamic laws and customs obtain
and to the use of tools, implements, vessels, utensils, dishes, and
containers that are used in connection with the killing of animals
and fowls and the dressing, preparation, production, manufacture, and
treatment of meats and other products, foods, and food stuffs.
384. (a) Any person who shall wilfully refuse to immediately
relinquish a party line when informed that such line is needed for an
emergency call, and in fact such line is needed for an emergency
call, to a fire department or police department or for medical aid or
ambulance service, or any person who shall secure the use of a party
line by falsely stating that such line is needed for an emergency
call, shall be guilty of a misdemeanor.
(b) "Party line" as used in this section means a subscribers' line
telephone circuit, consisting of two or more main telephone stations
connected therewith, each station with a distinctive ring or
telephone number. "Emergency" as used in this section means a
situation in which property or human life is in jeopardy and the
prompt summoning of aid is essential.
(c) Every telephone directory hereafter published and distributed
to the members of the general public in this State or in any portion
thereof which lists the calling numbers of telephones of any
telephone exchange located in this State shall contain a notice which
explains the offense provided for in this section, such notice to be
printed in type which is not smaller than any other type on the same
page and to be preceded by the word "warning" printed in type at
least as large as the largest type on the same page; provided, that
the provisions of this subdivision shall not apply to those
directories distributed solely for business advertising purposes,
commonly known as classified directories, nor to any telephone
directory heretofore distributed to the general public. Any person,
firm or corporation providing telephone service which distributes or
causes to be distributed in this State copies of a telephone
directory which is subject to the provisions of this section and
which do not contain the notice herein provided for shall be guilty
of a misdemeanor.
384.5. (a) (1) Any person who removes any minor forest products
from the property where the products were cut and transports the
products upon any public road or highway shall have in the person's
possession a valid bill of sale for the products or a written permit
issued by the owner of the property from which the products were
removed authorizing the removal and transport.
(2) Any such permit or bill of sale shall include, but is not
limited to, all of the following:
(A) The name, address, and signature of the landowner, and phone
number, if available.
(B) The name, address, and signature of the permittee or
purchaser.
(C) The amount, species, and type of minor forest products to be
removed and transported.
(D) A description sufficient to identify the property from which
the minor forest products are to be removed.
(E) The date of issuance of the permit or bill of sale and the
duration of the period of time within which the minor forest products
may be removed.
(F) Any conditions or additional information which the landowner
may impose or include.
(3) Any permit for the removal of minor forest products from
public lands that is issued by the United States Forest Service or
the Bureau of Land Management is sufficient for the purposes of this
subdivision, regardless of whether the permit conforms to the
specific requirements as to content set forth in paragraph (2).
(4) For the purposes of this subdivision, "minor forest products"
means firewood, posts, shakeboards, shake and shingle bolts, or split
products, in quantities exceeding 20 cubic feet in volume, and
burlwood or stumps, in quantities of two or more.
(b) This section shall not apply to the transport of any minor
forest products carried in a passenger vehicle, as defined in Section
465 of the Vehicle Code.
(c) Violation of subdivision (a) is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000) or by
imprisonment in a county jail for not more than six months or by both
that fine and imprisonment.
384a. Every person who within the State of California willfully or
negligently cuts, destroys, mutilates, or removes any tree or shrub,
or fern or herb or bulb or cactus or flower, or huckleberry or
redwood greens, or portion of any tree or shrub, or fern or herb or
bulb or cactus or flower, or huckleberry or redwood greens, growing
upon state or county highway rights-of-way, or who removes leaf mold
thereon, except that the provisions of this section shall not be
construed to apply to any employee of the state or of any political
subdivision thereof engaged in work upon any state, county, or public
road or highway while performing work under the supervision of the
state or of any political subdivision thereof, and every person who
willfully or negligently cuts, destroys, mutilates, or removes any
tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portions of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, growing upon public land or upon land not his or her own, or
leaf mold on the surface of public land, or upon land not his or her
own, without a written permit from the owner of the land signed by
the owner or the owner's authorized agent, and every person who
knowingly sells, offers, or exposes for sale, or transports for sale,
any tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portion of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, or leaf mold, so cut or removed from state or county highway
rights-of-way, or removed from public land or from land not owned by
the person who cut or removed the same without the written permit
from the owner of the land, signed by the owner or the owner's
authorized agent, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000), by imprisonment in a county jail for not more than
six months, or by both fine and imprisonment.
The written permit required under this section shall be signed by
the landowner, or the landowner's authorized agent, and acknowledged
before a notary public, or other person authorized by law to take
acknowledgments. The permit shall contain the number and species of
trees and amount of shrubs or ferns or herbs or bulbs or cacti or
flowers, or huckleberry or redwood greens, or portions of any tree or
shrub, and shall contain the legal description of the real property
as usually found in deeds and conveyances of the land on which
cutting or removal, or both, shall take place. One copy of the
permit shall be filed in the office of the sheriff of the county in
which the land described in the permit is located. The permit shall
be filed prior to commencement of cutting of the trees or shrub or
fern or herb or bulb or cactus or flower or huckleberry or redwood
green or portions of any tree or shrub authorized by the permit. The
permit required by this section need not be notarized or filed with
the office of the sheriff of the county where trees are to be removed
when five or less trees or five or less pounds of shrubs or boughs
are to be cut or removed.
Any county or state fire warden, or personnel of the Department of
Forestry and Fire Protection as designated by the Director of
Forestry and Fire Protection, and personnel of the United States
Forest Service as designated by the Regional Forester, Region 5, of
the United States Forest Service, or any peace officer of the State
of California, may enforce the provisions of this section and may
confiscate any and all such shrubs, trees, ferns or herbs or bulbs or
cacti or flowers, or huckleberry or redwood greens or leaf mold, or
parts thereof unlawfully cut or removed or knowingly sold, offered,
or exposed or transported for sale as provided in this section.
This section does not apply to any tree or shrub, or fern or
herb or bulb or cactus or flower, or greens declared by law to be a
public nuisance.
This section does not apply to the necessary cutting or trimming
of any trees, shrubs, or ferns or herbs or bulbs or cacti or
flowers, or greens if done for the purpose of protecting or
maintaining an electric powerline, telephone line, or other property
of a public utility.
This section does not apply to persons engaged in logging
operations, or in suppressing fires.
384b. For the purposes of Sections 384c through 384f, inclusive,
unless the context otherwise requires, the definitions contained in
this section govern the construction of those sections.
(a) "Person" includes an employee with wages as his or her sole
compensation.
(b) "Permit" means a permit as required by Section 384a.
(c) "Tree" means any evergreen tree or top thereof which is
harvested without having the limbs and foliage removed.
(d) "Shrub" means any toyon or Christmas red-berry shrub or any of
the following native desert plants: all species of the family
Cactaceae (cactus family); and Agave deserti (desert agave), Agave
utahensis (Utah agave), Nolina bigelovii, Nolina parryi (Parry
nolina), Nolina wolfii, Yucca baccata, Yucca brevifolia (Joshua
tree), Yucca schidigera (Mohave yucca), Yucca whipplei (Whipple
yucca), Cercidium floridum (blue palo verde), Cercidium microphyllum
(little leaf palo verde), Dalea spinosa (smoke tree), Olneya tesota
(ironwood tree), and Fouquieria splendens (ocotillo), or any part
thereof, except the fruit thereof, which is harvested without having
the limbs and foliage removed.
(e) "Bough" means any limb or foliage removed from an evergreen
tree.
(f) "Peace officer" means any county or state fire warden,
personnel of the Department of Forestry and Fire Protection as
designated by the Director of Forestry and Fire Protection, personnel
of the United States Forest Service as designated by the Regional
Forester, Region 5 of the United States Forest Service, personnel of
the United States Department of the Interior as designated by them,
or any peace officer of the State of California.
(g) "Harvest" means to remove or cut and remove from the place
where grown.
(h) "Harvester" means a person who harvests a tree, shrub, or
bough.
384c. Persons purchasing trees, shrubs, or boughs from harvesters
thereof shall not transport more than five trees or more than five
pounds of shrubs or boughs on the public roads or highways without
obtaining from the seller of the trees, shrubs, or boughs and having
validated as provided in Section 384d a transportation tag for each
load of the trees, shrubs, or boughs.
Unless a valid transportation tag issued in California for a tree,
shrub, or bough has already been obtained, persons who harvest
trees, shrubs, or boughs from their own land or the land of another
or who are in possession of trees, shrubs, or boughs shall, before
transporting on the public roads or highways or selling or consigning
for removal and transportation over the public roads and highways
more than five trees or more than five pounds of other shrubs or
boughs, file with the sheriff of each county in which the trees,
shrubs, or boughs are to be harvested an application for
transportation tags and obtain a supply of these transportation tags
sufficient to provide one tag for each load of trees, shrubs, or
boughs to be so transported or sold.
No person shall knowingly make any false statement on any
application for the transportation tags and the application shall
contain, but is not limited to, the following information:
(a) The name and address of the applicant.
(b) The amount and species of trees, shrubs, or boughs to be
transported.
(c) The name of the county from which the trees, shrubs, or boughs
are to be removed.
(d) A legal description of the real property from which the trees,
shrubs, or boughs are to be removed.
(e) The name or names of the owner of the real property from which
the trees, shrubs, or boughs are to be removed.
(f) The applicant's timber operator permit number, if the
harvesting of the trees, shrubs, or boughs is subject to the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4 of the Public Resources Code).
(g) The destination of the trees, shrubs, or boughs.
(h) The proposed date or dates of the transportation.
Every applicant shall, at the time of application, show to the
sheriff his or her permit or proof of ownership of the trees, shrubs,
or boughs. The application forms and transportation tags shall be
printed and distributed by the sheriff of each county.
384d. Upon the filing of an application containing the information
required by Section 384c, and the presentation of a permit or proof
of ownership as required by Section 384c, the county sheriff's office
shall issue to persons who harvest or have in their possession,
trees, shrubs or boughs within the county sufficient transportation
tags stamped with the county seal and identified by the applicant's
timber operator permit number, if any, to enable the person
transporting any of the trees, shrubs or boughs harvested within the
county by the applicant to have a tag accompany each and every load
of such trees, shrubs or boughs. Harvesters of trees, shrubs or
boughs, when selling from stockpile location, shall furnish to the
purchaser of trees, shrubs or boughs a bill of sale and a
transportation tag for each load or part thereof bearing the
harvester's timber operator permit number, if any, and other
information as hereinafter required.
The purchaser of harvested trees, shrubs or boughs or the
harvester when transporting his own trees, shrubs or boughs shall
have the transportation tag validated by a peace officer in the
county of purchase or harvest or by the nearest peace officer in an
adjacent county when the transportation route used does not pass an
office of a peace officer in the county of purchase or harvest. The
validated transportation tag or tags shall remain with the load to
the marketing area.
The transportation tags shall be in two parts; one to be retained
by the transporting party; one to be retained by the validating peace
officer and forwarded to the county sheriff. The transportation
tags shall be validated and in force only for the proposed date or
dates of transportation as specified in the application for the
transportation tags. The transportation tags will be validated
without fee and each shall contain the following information: name
and address of the person obtaining and using the tag; number or
amount of each species of trees, shrubs and boughs in the load; make,
model and license number of the transporting vehicle; the county of
origin and county of destination; the specified period of time during
which the transportation tag is in force; date and validating
signature and title of a peace officer.
384e. (a) The transportation tag described in Section 384d shall be
presented to any peace officer upon demand.
(b) Failure to produce a transportation tag properly filled out
and validated upon demand of any peace officer shall constitute
sufficient grounds to hold in protective custody the entire load of
trees, shrubs or boughs, until proof of legal right to transport is
furnished.
384f. Any person violating any of the provisions of Sections 384b
through 384f shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the county jail not exceeding
six months or by both such fine and imprisonment.
384h. Every person who willfully or negligently, while hunting upon
the inclosed lands of another, kills, maims, or wounds an animal,
the property of another, is guilty of a misdemeanor.
384i. (a) Sections 384a to 384f, inclusive, shall not apply to
maintenance and construction activities of public agencies and their
employees.
(b) Sections 384b to 384f, inclusive, shall not apply to native
desert plants described in subdivision (b) of Section 384b, that have
been propagated and cultivated by human beings and which are being
transported under Section 6922 or 6923 of the Food and Agricultural
Code, pursuant to a valid nursery stock certificate.
(c) Sections 384a to 384f, inclusive, shall not apply to any act
regulated by the provisions of Division 23 (commencing with Section
80001) of the Food and Agricultural Code.
385. (a) The term "high voltage" as used in this section means a
voltage in excess of 750 volts, measured between conductors or
measured between the conductor and the ground.
The term "overhead conductor" as used in this section means any
electrical conductor (either bare or insulated) installed above the
ground except such conductors as are enclosed in iron pipe or other
metal covering of equal strength.
(b) Any person who either personally or through an employee or
agent, or as an employee or agent of another, operates, places,
erects or moves any tools, machinery, equipment, material, building
or structure within six feet of a high voltage overhead conductor is
guilty of a misdemeanor.
(c) It shall be a misdemeanor to own, operate or to employ any
person to operate, any crane, derrick, power shovel, drilling rig,
hay loader, hay stacker, pile driver, or similar apparatus, any part
of which is capable of vertical, lateral or swinging motion, unless
there is posted and maintained in plain view of the operator thereof,
a durable warning sign legible at 12 feet, reading: "Unlawful to
operate this equipment within six feet of high voltage lines."
Each day's failure to post or maintain such sign shall constitute
a separate violation.
(d) The provisions of this section shall not apply to (1) the
construction, reconstruction, operation or maintenance of any high
voltage overhead conductor, or its supporting structures or
appurtenances by persons authorized by the owner, or (2) the
operation of standard rail equipment which is normally used in the
transportation of freight or passengers, or the operation of relief
trains or other emergency railroad equipment by persons authorized by
the owner, or (3) any construction, reconstruction, operation or
maintenance of any overhead structures covered by the rules for
overhead line construction prescribed by the Public Utilities
Commission of the State of California.
386. (a) Any person who willfully or maliciously constructs or
maintains a fire-protection system in any structure with the intent
to install a fire protection system which is known to be inoperable
or to impair the effective operation of a system, so as to threaten
the safety of any occupant or user of the structure in the event of a
fire, shall be subject to imprisonment in the state prison for two,
three, or four years.
(b) A violation of subdivision (a) which proximately results in
great bodily injury or death is a felony punishable by imprisonment
in the state prison for five, six, or seven years.
(c) As used in this section, "fire-protection system" includes,
but is not limited to, an automatic fire sprinkler system, standpipe
system, automatic fixed fire extinguishing system, and fire alarm
system.
(d) For purposes of this section, the following definitions shall
control:
(1) "Automatic fire sprinkler system" means an integrated system
of underground and overhead piping designed in accordance with fire
protection engineering standards. The portion of the sprinkler
system above ground is a network of specially sized or hydraulically
designed piping installed in a building, structure, or area,
generally overhead, and to which sprinklers are attached in a
systematic pattern. The valve controlling each system riser is
located in the system riser or its supply piping. Each sprinkler
system riser includes a device for activating an alarm when the
system is in operation. The system is normally activated by heat
from a fire, and it discharges water over the fire area.
(2) "Standpipe system" means an arrangement of piping, valves, and
hose connectors and allied equipment installed in a building or
structure with the hose connectors located in a manner that water can
be discharged in streams or spray patterns through attached hose and
nozzles. The purpose of the system is to extinguish a fire, thereby
protecting a building or structure and its contents and occupants.
This system relies upon connections to water supply systems or pumps,
tanks, and other equipment necessary to provide an adequate supply
of water to the hose connectors.
(3) "Automatic fixed fire extinguishing system" means either of
the following:
(A) An engineered fixed extinguishing system which is custom
designed for a particular hazard, using components which are approved
or listed only for their broad performance characteristics.
Components may be arranged into a variety of configurations. These
systems shall include, but not be limited to, dry chemical systems,
carbon dioxide systems, halogenated agent systems, steam systems,
high expansion foam systems, foam extinguishing systems, and liquid
agent systems.
(B) A pre-engineered fixed extinguishing system is a system where
the number of components and their configurations are included in the
description of the system's approval and listing. These systems
include, but are not limited to, dry chemical systems, carbon dioxide
systems, halogenated agent systems, and liquid agent systems.
(4) "Fire alarm system" means a control unit and a combination of
electrical interconnected devices designed and intended to cause an
alarm or warning of fire in a building or structure by either manual
or automatic activation, or by both, and includes the systems
installed throughout any building or portion thereof.
(5) "Structure" means any building, whether private, commercial,
or public, or any bridge, tunnel, or powerplant.
387. (a) Any corporation, limited liability company, or person who
is a manager with respect to a product, facility, equipment, process,
place of employment, or business practice, is guilty of a public
offense punishable by imprisonment in the county jail for a term not
exceeding one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment; or by imprisonment
in the state prison for 16 months, two, or three years, or by a fine
not exceeding twenty-five thousand dollars ($25,000); or by both that
fine and imprisonment, but if the defendant is a corporation or a
limited liability company the fine shall not exceed one million
dollars ($1,000,000), if that corporation, limited liability company,
or person does all of the following:
(1) Has actual knowledge of a serious concealed danger that is
subject to the regulatory authority of an appropriate agency and is
associated with that product or a component of that product or
business practice.
(2) Knowingly fails during the period ending 15 days after the
actual knowledge is acquired, or if there is imminent risk of great
bodily harm or death, immediately, to do both of the following:
(A) Inform the Division of Occupational Safety and Health in the
Department of Industrial Relations in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the division has been so informed.
Where the concealed danger reported pursuant to this paragraph is
subject to the regulatory authority of an agency other than the
Division of Occupational Safety and Health in the Department of
Industrial Relations, it shall be the responsibility of the Division
of Occupational Safety and Health in the Department of Industrial
Relations, within 24 hours of receipt of the information, to
telephonically notify the appropriate government agency of the
hazard, and promptly forward any written notification received.
(B) Warn its affected employees in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the employees have been so warned.
The requirement for disclosure is not applicable if the hazard is
abated within the time prescribed for reporting, unless the
appropriate regulatory agency nonetheless requires disclosure by
regulation.
Where the Division of Occupational Safety and Health in the
Department of Industrial Relations was not notified, but the
corporation, limited liability company, or manager reasonably and in
good faith believed that they were complying with the notification
requirements of this section by notifying another government agency,
as listed in paragraph (8) of subdivision (d), no penalties shall
apply.
(b) As used in this section:
(1) "Manager" means a person having both of the following:
(A) Management authority in or as a business entity.
(B) Significant responsibility for any aspect of a business that
includes actual authority for the safety of a product or business
practice or for the conduct of research or testing in connection with
a product or business practice.
(2) "Product" means an article of trade or commerce or other item
of merchandise that is a tangible or an intangible good, and includes
services.
(3) "Actual knowledge," used with respect to a serious concealed
danger, means has information that would convince a reasonable person
in the circumstances in which the manager is situated that the
serious concealed danger exists.
(4) "Serious concealed danger," used with respect to a product or
business practice, means that the normal or reasonably foreseeable
use of, or the exposure of an individual to, the product or business
practice creates a substantial probability of death, great bodily
harm, or serious exposure to an individual, and the danger is not
readily apparent to an individual who is likely to be exposed.
(5) "Great bodily harm" means a significant or substantial
physical injury.
(6) "Serious exposure" means any exposure to a hazardous
substance, when the exposure occurs as a result of an incident or
exposure over time and to a degree or in an amount sufficient to
create a substantial probability that death or great bodily harm in
the future would result from the exposure.
(7) "Warn its affected employees" means give sufficient
description of the serious concealed danger to all individuals
working for or in the business entity who are likely to be subject to
the serious concealed danger in the course of that work to make
those individuals aware of that danger.
(8) "Appropriate government agency" means an agency on the
following list that has regulatory authority with respect to the
product or business practice and serious concealed dangers of the
sort discovered:
(A) The Division of Occupational Safety and Health in the
Department of Industrial Relations.
(B) State Department of Health Services.
(C) Department of Agriculture.
(D) County departments of health.
(E) The United States Food and Drug Administration.
(F) The United States Environmental Protection Agency.
(G) The National Highway Traffic Safety Administration.
(H) The Federal Occupation Safety and Health Administration.
(I) The Nuclear Regulatory Commission.
(J) The Consumer Product Safety Commission.
(K) The Federal Aviation Administration.
(L) The Federal Mine Safety and Health Review Commission.
(c) Notification received pursuant to this section shall not be
used against any manager in any criminal case, except a prosecution
for perjury or for giving a false statement.
(d) No person who is a manager of a limited liability company
shall be personally liable for acts or omissions for which the
limited liability company is liable under subdivision (a) solely by
reason of being a manager of the limited liability company. A person
who is a manager of a limited liability company may be held liable
under subdivision (a) if that person is also a "manager" within the
meaning of paragraph (1) of subdivision (b).
395. Every person who willfully makes or publishes any false
statement, spreads any false rumor, or employs any other false or
fraudulent means or device, with intent to affect the market price of
any kind of property, is guilty of a misdemeanor.
396. (a) The Legislature hereby finds that during emergencies and
major disasters, including, but not limited to, earthquakes, fires,
floods, or civil disturbances, some merchants have taken unfair
advantage of consumers by greatly increasing prices for essential
consumer goods and services. While the pricing of consumer goods and
services is generally best left to the marketplace under ordinary
conditions, when a declared state of emergency results in abnormal
disruptions of the market, the public interest requires that
excessive and unjustified increases in the prices of essential
consumer goods and services be prohibited. It is the intent of the
Legislature in enacting this act to protect citizens from excessive
and unjustified increases in the prices charged during or shortly
after a declared state of emergency for goods and services that are
vital and necessary for the health, safety, and welfare of consumers.
Further it is the intent of the Legislature that this section be
liberally construed so that its beneficial purposes may be served.
(b) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster declared by the President of the United States or the
Governor, or upon the declaration of a local emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster by the executive officer of any county, city, or city and
county, and for a period of 30 days following that declaration, it is
unlawful for a person, contractor, business, or other entity to sell
or offer to sell any consumer food items or goods, goods or services
used for emergency cleanup, emergency supplies, medical supplies,
home heating oil, building materials, housing, transportation,
freight, and storage services, or gasoline or other motor fuels for a
price of more than 10 percent above the price charged by that person
for those goods or services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if
that person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to additional
costs imposed by the seller's supplier or additional costs of
providing the good or service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the seller plus the markup customarily applied by the seller for
that good or service in the usual course of business immediately
prior to the onset of the state of emergency.
(c) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, or storm declared by the President
of the United States or the Governor, or upon the declaration of a
local emergency resulting from an earthquake, flood, fire, riot, or
storm by the executive officer of any county, city, or city and
county, and for a period of 180 days following that declaration, it
is unlawful for a contractor to sell or offer to sell any repair or
reconstruction services or any services used in emergency cleanup for
a price of more than 10 percent above the price charged by that
person for those services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if that
person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to the
additional costs imposed by the contractor's supplier or additional
costs of providing the service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the contractor plus the markup customarily applied by the
contractor for that good or service in the usual course of business
immediately prior to the onset of the state of emergency.
(d) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or other natural disaster
declared by the President of the United States or the Governor, or
upon the declaration of a local emergency resulting from an
earthquake, flood, fire, riot, storm, or other natural disaster by
the executive officer of any county, city, or city and county, and
for a period of 30 days following that proclamation or declaration,
it is unlawful for an owner or operator of a hotel or motel to
increase the hotel or motel's regular rates, as advertised
immediately prior to the proclamation or declaration of emergency, by
more than 10 percent. However, a greater price increase is not
unlawful if the owner or operator can prove that the increase in
price is directly attributable to additional costs imposed on it for
goods or labor used in its business, to seasonal adjustments in rates
that are regularly scheduled, or to previously contracted rates.
(e) The provisions of this section may be extended for additional
30-day periods by a local legislative body or the California
Legislature, if deemed necessary to protect the lives, property, or
welfare of the citizens.
(f) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for a period not exceeding one year, or
by a fine of not more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(g) A violation of this section shall constitute an unlawful
business practice and an act of unfair competition within the meaning
of Section 17200 of the Business and Professions Code. The remedies
and penalties provided by this section are cumulative to each other,
the remedies under Section 17200 of the Business and Professions
Code, and the remedies or penalties available under all other laws of
this state.
(h) For the purposes of this section, the following terms have the
following meanings:
(1) "State of emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a state of emergency has been declared by the President of
the United States or the Governor of California.
(2) "Local emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a local emergency has been declared by the executive
officer or governing body of any city or county in California.
(3) "Consumer food item" means any article that is used or
intended for use for food, drink, confection, or condiment by a
person or animal.
(4) "Repair or reconstruction services" means services performed
by any person who is required to be licensed under the Contractors'
State License Law (Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code), for repairs to
residential or commercial property of any type that is damaged as a
result of a disaster.
(5) "Emergency supplies" includes, but is not limited to, water,
flashlights, radios, batteries, candles, blankets, soaps, diapers,
temporary shelters, tape, toiletries, plywood, nails, and hammers.
(6) "Medical supplies" includes, but is not limited to,
prescription and nonprescription medications, bandages, gauze,
isopropyl alcohol, and antibacterial products.
(7) "Building materials" means lumber, construction tools,
windows, and anything else used in the building or rebuilding of
property.
(8) "Gasoline" means any fuel used to power any motor vehicle or
power tool.
(9) "Transportation, freight, and storage services" means any
service that is performed by any company that contracts to move,
store, or transport personal or business property or rents equipment
for those purposes.
(10) "Housing" means any rental housing leased on a month-to-month
term.
(11) "Goods" has the same meaning as defined in subdivision (c) of
Section 1689.5 of the Civil Code.
(i) Nothing in this section shall preempt any local ordinance
prohibiting the same or similar conduct or imposing a more severe
penalty for the same conduct prohibited by this section.
(j) A business offering an item for sale at a reduced price
immediately prior to the proclamation of the emergency may use the
price at which it usually sells the item to calculate the price
pursuant to subdivision (b) or (c).
396.5. It shall be unlawful for any retail food store or wholesale
food concern, as defined in Section 3(k) of the federal Food Stamp
Act of 1977 (Public Law 95-113) (7 U.S.C. Sec. 2012(k)), or any
person, to sell, furnish or give away any goods or services, other
than those items authorized by the Food Stamp Act of 1964, as amended
(Public Law 88-525) (Chapter 51 (commencing with Section 2011) of
Title 7 of the United States Code), in exchange for food stamps
issued pursuant to Chapter 10 (commencing with Section 18900), Part
6, Division 9 of the Welfare and Institutions Code.
Any violator of this section is guilty of a misdemeanor and shall
be punished by a fine of not more than five thousand dollars ($5,000)
or by imprisonment in the county jail not exceeding 90 days, or by
both that fine and imprisonment.
397. Every person who sells or furnishes, or causes to be sold or
furnished, intoxicating liquors to any habitual or common drunkard,
or to any person who has been adjudged legally incompetent or insane
by any court of this State and has not been restored to legal
capacity, knowing such person to have been so adjudged, is guilty of
a misdemeanor.
398. (a) Whenever a person owning or having custody or control of
an animal, knows, or has reason to know, that the animal bit another
person, he or she shall, as soon as is practicable, but no later than
48 hours thereafter, provide the other person with his or her name,
address, telephone number, and the name and license tag number of the
animal who bit the other person. If the person with custody or
control of the animal at the time the bite occurs is a minor, he or
she shall instead provide identification or contact information of an
adult owner or responsible party. If the animal is required by law
to be vaccinated against rabies, the person owning or having custody
or control of the animal shall, within 48 hours of the bite, provide
the other person with information regarding the status of the animal'
s vaccinations. Violation of this section is an infraction punishable
by a fine of not more than one hundred dollars ($100).
(b) For purposes of this section, it is necessary for the skin of
the person be broken or punctured by the animal for the contact to be
classified as a bite.
399. (a) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, kills any
human being who has taken all the precautions that the circumstances
permitted, or which a reasonable person would ordinarily take in the
same situation, is guilty of a felony.
(b) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, causes
serious bodily injury to any human being who has taken all the
precautions that the circumstances permitted, or which a reasonable
person would ordinarily take in the same situation, is guilty of a
misdemeanor or a felony.
399.5. (a) Any person owning or having custody or control of a dog
trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in the state prison for two,
three, or four years, or in a county jail not to exceed one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
the fine and imprisonment, if, as a result of that person's failure
to exercise ordinary care, the dog bites a human being, on two
separate occasions or on one occasion causing substantial physical
injury. No person shall be criminally liable under this section,
however, unless he or she knew or reasonably should have known of the
vicious or dangerous nature of the dog, or if the victim failed to
take all the precautions that a reasonable person would ordinarily
take in the same situation.
(b) Following the conviction of an individual for a violation of
this section, the court shall hold a hearing to determine whether
conditions of the treatment or confinement of the dog or other
circumstances existing at the time of the bite or bites have changed
so as to remove the danger to other persons presented by the animal.
The court, after hearing, may make any order it deems appropriate to
prevent the recurrence of such an incident, including, but not
limited to, the removal of the animal from the area or its
destruction if necessary.
(c) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) based on a bite or bites inflicted
upon a trespasser, upon a person who has provoked the dog or
contributed to his or her own injuries, or by a dog used in military
or police work if the bite or bites occurred while the dog was
actually performing in that capacity. As used in this subdivision,
"provocation" includes, but is not limited to, situations where a dog
held on a leash by its owner or custodian reacts in a protective
manner to a person or persons who approach the owner or custodian in
a threatening manner.
(d) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 399 or any other
provision of law.
(e) This section shall not apply to a veterinarian or an on-duty
animal control officer while in the performance of his or her duties,
or to a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, if he or she is assigned to a
canine unit.
401. Every person who deliberately aids, or advises, or encourages
another to commit suicide, is guilty of a felony.
402. (a) 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 misdemeanor.
(b) Every person who knowingly resists or interferes with the
lawful efforts of a lifeguard in the discharge or attempted discharge
of an official duty in an emergency situation, when the person knows
or reasonably should know that the lifeguard is engaged in the
performance of his or her official duty, is guilty of a misdemeanor.
(c) 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.
402a. Every person who adulterates candy by using in its
manufacture terra alba or other deleterious substances, or who sells
or keeps for sale any candy or candies adulterated with terra alba,
or any other deleterious substance, knowing the same to be
adulterated, is guilty of a misdemeanor.
402b. Any person who discards or abandons or leaves in any place
accessible to children any refrigerator, icebox, deep-freeze locker,
clothes dryer, washing machine, or other appliance, having a capacity
of one and one-half cubic feet or more, which is no longer in use,
and 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 dryer, washing machine, or other appliance to remain on
premises under his control without having 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. 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 a 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 appliances, 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.
402c. On and after January 1, 1970, any person who sells a new
refrigerator, icebox, or deep-freeze locker not equipped with an
integral lock in this state, having a capacity of two cubic feet or
more, which cannot be opened from the inside by the exertion of 15
pounds of force against the latch edge of the closed door is guilty
of a misdemeanor.
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