Recycling, Resource Recovery, and Litter Prevention

Section § 68055

Explanation

Anyone who owns or runs a business or public area that needs trash bins must buy, place, and take care of them at their own cost on their property.

If these bins are on public land, it's up to public authorities to empty them. If they're on private property, the property owner or tenant must handle trash removal.

(a)CA Government Code § 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)CA Government Code § 68055(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.
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Section § 68055.1

Explanation

This section defines key terms used in this chapter. A 'public place' is any area open for public use, whether publicly or privately owned, excluding indoor spaces. 'Drive-in restaurant' refers to eateries with nearby parking for eating takeout food. 'Fast food outlet' sells primarily takeout food, while 'grocery stores' include convenience markets selling groceries. 'Shopping centers' are multiple stores with a shared parking lot. The 'Board' mentioned is the State Solid Waste Management Board. 'Litter' encompasses improperly discarded waste, excluding certain industrial byproducts. 'Solid waste' includes all types of waste materials, both decaying and non-decaying.

Unless the context otherwise requires, the definitions as set forth in this section govern the construction of this chapter.
(a)CA Government Code § 68055.1(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)CA Government Code § 68055.1(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)CA Government Code § 68055.1(c) “Fast food outlet” means a restaurant that sells food products primarily on a “takeout” or “to go” basis.
(d)CA Government Code § 68055.1(d) “Grocery stores” includes, but is not limited to, convenience markets that sell groceries.
(e)CA Government Code § 68055.1(e) “Shopping centers” means a group of two or more stores that maintain a common parking lot for patrons of those stores.
(f)CA Government Code § 68055.1(f) “Board” means the State Solid Waste Management Board.
(g)CA Government Code § 68055.1(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)CA Government Code § 68055.1(h) “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes.
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Section § 68055.2

Explanation

This law requires that litter receptacles, or trash bins, be installed in all public places across the state of California. Public places include drive-in restaurants, gas stations, shopping centers, grocery stores, parks, beaches, outdoor parking lots, and similar locations where the public gathers.

The bins must be available only during the times when these places are open to the public. The state board has the authority to further elaborate on what qualifies as a public place, ensuring these regulations are clear and comprehensive.

Litter receptacles shall be placed in all public places in the state, including, but not limited to, the following:
(a)CA Government Code § 68055.2(a) Drive-in restaurants and fast food outlets.
(b)CA Government Code § 68055.2(b) Gasoline service stations.
(c)CA Government Code § 68055.2(c) Shopping centers.
(d)CA Government Code § 68055.2(d) Grocery stores.
(e)CA Government Code § 68055.2(e) Boat launching and takeout areas.
(f)CA Government Code § 68055.2(f) Boat moorage and fueling stations.
(g)CA Government Code § 68055.2(g) Public piers.
(h)CA Government Code § 68055.2(h) Parks and campgrounds.
(i)CA Government Code § 68055.2(i) Beaches.
(j)CA Government Code § 68055.2(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.
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Section § 68055.3

Explanation

This law states that placing trash bins must follow all fire, safety, health, and welfare rules and laws.

Placement of litter receptacles shall be in conformance with laws, ordinances, resolutions, and regulations pertaining to fire, safety, public health, or welfare.
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Section § 68055.5

Explanation

This law makes it illegal to damage or misuse public trash cans in a way that affects their function or looks. You can't dump things like garden waste or household trash in these bins, except for food waste from public places where it's okay to eat.

(a)CA Government Code § 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)CA Government Code § 68055.5(b) No person shall deposit leaves, clippings, prunings, or gardening refuse in any litter receptacle required pursuant to this chapter.
(c)CA Government Code § 68055.5(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.
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Section § 68055.7

Explanation

If you break any rules in this chapter, it's considered an infraction, which is a minor offense. The penalties are fines that increase with each conviction. If it's your first time, you can be fined between $100 and $1,000. On a second conviction, the fine ranges from $200 to $1,000. For a third or further offenses, the fine goes from $300 to $1,000.

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.
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Section § 68055.9

Explanation
California requires signs to be posted everywhere in the state, detailing the fines or penalties you could face for littering.
The penalties which may be levied for littering in this state shall be prominently posted throughout the state.
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