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Cross References
<br />Abatement by action, see Code of Civil Procedure § 731 et seq.
<br />Cities, declaration and abatement of nuisances, see Government Code
<br />§ 38771 et seq.
<br />Destructive devices, possession as public nuisance, see § 12307.
<br />Keeping disorderly houses, punishment, see § 316.
<br />Misdemeanor,
<br />Defined. see § 17.
<br />Punishment, see §§ 19, 19.2.
<br />Remedies against public nuisance, see Civil Code § 3491 et seq.
<br />§ 372a. Repealed by Stats.1984, c. 438, § 5
<br />§ 373. Repealed by Stats.1917, c. 44, § 1
<br />§ 373s. Public nuisance; continuance after notice to abate;
<br />separate offense each day; continuous prosecutions
<br />Every person who maintains, permits, or allows a public
<br />nuisance to exist upon his or her property or premises, and every
<br />person occupying or leasing the property or premises of another
<br />who maintains, permits or allows a public nuisance to exist
<br />thereon, after reasonable notice in writing from a health officer
<br />or district attorney or city attorney or prosecuting attorney to
<br />remove, discontinue or abate the same has been served upon
<br />such person, is guilty of a misdemeanor, and shall be punished
<br />accordingly; and the existence of such nuisance for each and
<br />every day after the service of such notice shall be deemed a
<br />separate and distinct offense, and it is hereby made the duty of
<br />the district attorney, or the city attorney of any city the charter
<br />of which imposes the duty upon the city attorney to prosecute
<br />state misdemeanors, to prosecute all persons guilty of violating
<br />this section by continuous prosecutions until the nuisance is
<br />abated and removed. (Added by Stats.1903, c. 14Z § 1.
<br />Amended by Stats.1955, c. 1266, § I.)
<br />Cross References
<br />Action by city attorney, see Code of Civil Procedure § 731.
<br />Civil actions for abatement, see Code of Civil Procedure § 731.
<br />Misdemeanor,
<br />Defined, see § 17.
<br />Punishment, see §§ 19, 19.2.
<br />Nuisances, remedy by indictment or information, see Civil Code § 3491.
<br />Private nuisance,
<br />Abatement, see Civil Code § 3502.
<br />Notice, see Civil Code § 3503.
<br />Remedies, see Civil Code § 3501.
<br />Public nuisance, defined. see § 370; Civil Code § 3480.
<br />Stay of judgment, see Code of Civil Procedure §§ 916, 917.2, 917.8, 917.9.
<br />Vehicles or structures placed on state highway for purpose of sale, see
<br />Streets and Highways Code § 731.
<br />§ 374. Definitions; littering; waste matter
<br />Littering means the willful or negligent throwing, drop-
<br />ping, placing, depositing, or sweeping, or causing any such acts,
<br />of any waste matter on land or water in other than appropriate
<br />storage containers or areas designated for such purposes.
<br />Waste matter means discarded, used, or leftover substance
<br />including, but not limited to, a lighted or nonlighted cigarette,
<br />cigar, match, or any flaming or glowing material, or any
<br />garbage, trash, refuse, paper, container, packaging or construc-
<br />tion material, carcass of a dead animal, any nauseous or
<br />offensive matter of any kind, or any object likely to injure any
<br />person or create a traffic hazard. (Added by Stats.1970, c. 1548,
<br />§ 2.)
<br />Former § 374 was repealed by Stats.1939, c. 60, § 4000. See, now,
<br />Health & S.C. §§ 4450 to 4455, 4476, 4485.
<br />§ 3741/2
<br />Repealed
<br />§ 374a. Littering or dumping waste matter; shooting on
<br />highways; rewards; payable from fines
<br />Every person giving information leading to the arrest and
<br />conviction of any person for a violation of Section 374b or 374c
<br />is entitled to a reward therefor.
<br />The amount of the reward for each such arrest and conviction
<br />shall be 50 percent of the fine levied against and collected from
<br />the person who violated Section 374b or 374c and shall be paid
<br />by the court. If the reward is payable to two or more persons, it
<br />shall be divided equally. The amount of collected fine to be paid
<br />under this section shall be paid prior to any distribution of the
<br />fine that may be prescribed by any other section, including
<br />Section 1463.9, with respect to the same fine. (Added by
<br />Stats.1957, c. 1125, § I. Amended by Stats.1963, c. 1335, § 1;
<br />Stats.1971, c. 1287. § I.)
<br />§ 374b. Renumbered § 374.3 and amended by Stats.1987, c.
<br />133, § 2
<br />§ 37413.5. Renumbered § 374.4 and amended by Stats.1987, c.
<br />133, § 3
<br />Former § 374b.5 was repealed by Stats.1980, c. 74, § 2.
<br />§ 374c. Shooting on public highways
<br />Every person who shoots any firearm from or upon a public
<br />road or highway is guilty of a misdemeanor. (Added by
<br />Stats.1933, c. 203, § I.)
<br />Cross References
<br />Birds and mammals, shooting of game from motor vehicle, see Fish and
<br />Game Code § 3002.
<br />Carrying loaded firearms on person or in vehicle in public place, see
<br />§ 12031.
<br />Explosives, discharging firearms near manufacturing plant or magazine,
<br />see Health and Safety Code § 12084.
<br />Misdemeanor,
<br />Defined, see § 17.
<br />Punishment, see §§ 19, 19.2.
<br />Shooting at vehicle, see Vehicle Code § 23110.
<br />§ 374d. Dead animals; carcass within 100 feet of highway
<br />Every person who knowingly allows the carcass of any dead
<br />animal which belonged to him at the time of its death to be put,
<br />or to remain, within 100 feet of any street, alley, public highway,
<br />or road in common use, and every person who puts the carcass
<br />of any dead animal within 100 feet of any street, alley, highway,
<br />or road in common use is guilty of a misdemeanor. (Added by
<br />Stats.I951, c. 657, § 3.)
<br />" 144
<br />Part 1
<br />3or dispute. (Added by
<br />bridges, see § 587.
<br />.Ith, or is indecent, or
<br />ion to the free use of
<br />mfortable enjoyment of
<br />or neighborhood, or by
<br />inlawfully obstructs the
<br />anner, of any navigable
<br />sin, or any public park,
<br />isance. (Enacted 1872.
<br />§ 30.)
<br />Procedure § 731 et seq.
<br />TS, see Government Code
<br />ent, see Civil Code § 3484.
<br />y in cities, see Government
<br />isance, see § 12307.
<br />7eets and Highways Code
<br />!ode § 724.
<br />s Code § 670.
<br />51.
<br />see § 372.
<br />3480.
<br />seq.
<br />vii Code § 3491 et seq.
<br />39501, 39502, 39561 et seq.
<br />. see Civil Code § 3490.
<br />ay for purpose of sale, see
<br />12029.
<br />0501, 39502, 39561 et seq.
<br />oyance or damage
<br />iunity or neighborhood,
<br />, as specified in the last
<br />use the extent of the
<br />individuals is unequal.
<br />L1873-74, c. 614. § 31;
<br />committing breach of
<br />nor. Every person who
<br />-nee, the punishment for
<br />who willfully omits to
<br />le removal of a public
<br />(Enacted 1872.)
<br />145 PUBLIC HEALTH & SAFLA
<br />Title 10
<br />Cross References
<br />Animal carcass or offal in waters, see Health and Safety Code § 4450.
<br />Contamination of public places, see Health and Safety Code § 4476.
<br />"Knowingly", defined, see § 7.
<br />Misdemeanor.
<br />Defined, see § 17.
<br />Punishment, see §§ 19, 19.2.
<br />§ 374e. Renumbered § 374.7 and amended by Stats.1987, c.
<br />133, § 4
<br />§ 3'741/2. Repealed by Stats.1937, c. 368, § 10002
<br />See, now, Harb. & Nav.C. § 133.
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