SECTIONS 68055-68055.9 - California Statutes

GOVERNMENT CODE

SECTION 68055-68055.9

68055. (a) It shall be the responsibility of any person owning or
operating any establishment or public place in which litter
receptacles are required by this chapter to procure, place, and
maintain such receptacles at his own expense on the premises in
accordance with the provisions of this chapter.
(b) The responsibility for the removal of litter from receptacles
placed at publicly-owned places shall remain with the public
agencies. Removal of litter from receptacles placed on private
property shall remain with the owner of the property or, in cases
where the owner is not in actual possession of the premises, with the
tenant thereof.

68055.1. Unless the context otherwise requires, the definitions as
set forth in this section govern the construction of this chapter.
(a) "Public place" means any area that is used or held out for the
use of the public whether owned and operated by public or private
interests, but not including indoor areas. "Indoor area" means any
enclosed area covered with a roof and protected from moisture and
wind.
(b) "Drive-in restaurant" means a restaurant that sells food
products for immediate consumption on or near a location at which
parking facilities are provided for the use of patrons in consuming
the products purchased at the restaurant.
(c) "Fast food outlet" means a restaurant that sells food products
primarily on a "takeout" or "to go" basis.
(d) "Grocery stores" includes, but is not limited to, convenience
markets that sell groceries.
(e) "Shopping centers" means a group of two or more stores that
maintain a common parking lot for patrons of those stores.
(f) "Board" means the State Solid Waste Management Board.
(g) "Litter" means all improperly discarded waste material,
including, but not limited to, convenience food, beverage, and other
product packages or containers constructed of steel, aluminum, glass,
paper, plastic, and other natural and synthetic materials, thrown or
deposited on the lands and waters of the state, but not including
the properly discarded waste of the primary processing of
agriculture, mining, logging, sawmilling, or manufacturing.
(h) "Solid waste" means all putrescible and nonputrescible solid,
semisolid, and liquid wastes.

68055.2. Litter receptacles shall be placed in all public places in
the state, including, but not limited to, the following:
(a) Drive-in restaurants and fast food outlets.
(b) Gasoline service stations.
(c) Shopping centers.
(d) Grocery stores.
(e) Boat launching and takeout areas.
(f) Boat moorage and fueling stations.
(g) Public piers.
(h) Parks and campgrounds.
(i) Beaches.
(j) Outdoor parking lots which have a capacity of 50 or more
automobiles and which are contiguous to the public places listed in
this section.
The board may further define "public place" by specifying in its
regulations particular types of places that are subject to the
requirements of this section.
Litter receptacles need be placed in such public places only
during times such places, or events held at them, are open to the
public.

68055.3. Placement of litter receptacles shall be in conformance
with laws, ordinances, resolutions, and regulations pertaining to
fire, safety, public health, or welfare.

68055.5. (a) No person shall damage, deface, abuse, or misuse any
litter receptacle so as to interfere with its proper function or to
detract from its proper appearance.
(b) No person shall deposit leaves, clippings, prunings, or
gardening refuse in any litter receptacle required pursuant to this
chapter.
(c) No person shall deposit household solid waste in any litter
receptacle required pursuant to this chapter. However, this
subdivision does not mean that wastes of food consumed on the
premises at any public place may not be deposited in litter
receptacles.

68055.7. Any person violating any of the provisions of this chapter
is guilty of an infraction, and upon conviction thereof shall be
liable to punishment by a fine of not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000) upon a first
conviction, not less than two hundred dollars ($200) nor more than
one thousand dollars ($1,000) upon a second conviction, and not less
than three hundred dollars ($300) nor more than one thousand dollars
($1,000) upon a third or subsequent conviction.

68055.9. The penalties which may be levied for littering in this
state shall be prominently posted throughout the state.