23112.7
. (a) (1) A motor vehicle used for illegal dumping of waste
matter on public or private property is subject to impoundment
pursuant to subdivision (c).
(2) A motor vehicle used for illegal dumping of harmful waste
matter on public or private property is subject to impoundment and
civil forfeiture pursuant to subdivision (d).
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Illegal dumping" means the willful or intentional depositing,
dropping, dumping, placing, or throwing of any waste matter onto
public or private property that is not expressly designated for the
purpose of disposal of waste matter. "Illegal dumping" does not
include the discarding of small quantities of waste matter related to
consumer goods and that are reasonably understood to be ordinarily
carried on or about the body of a living person, including, but not
limited to, beverage containers and closures, packaging, wrappers,
wastepaper, newspaper, magazines, or other similar waste matter that
escapes or is allowed to escape from a container, receptacle, or
package.
(2) "Waste matter" means any form of tangible matter described by
any of the following:
(A) All forms of garbage, refuse, rubbish, recyclable materials,
and solid waste.
(B) Dirt, soil, rock, decomposed rock, gravel, sand, or other
aggregate material dumped or deposited as refuse.
(C) Abandoned or discarded furniture; or commercial, industrial,
or agricultural machinery, apparatus, structure, or other container;
or a piece, portion, or part of these items.
(D) All forms of liquid waste not otherwise defined in or deemed
to fall within the purview of Section 25117 of the Health and Safety
Code, including, but not limited to, water-based or oil-based paints,
chemical solutions, water contaminated with any substance rendering
it unusable for irrigation or construction, oils, fuels, and other
petroleum distillates or byproducts.
(E) Any form of biological waste not otherwise designated by law
as hazardous waste, including, but not limited to, body parts,
carcasses, and any associated container, enclosure, or wrapping
material used to dispose these matters.
(F) A physical substance used as an ingredient in any process, now
known or hereafter developed or devised, to manufacture a controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
of the Health and Safety Code, or that is a byproduct or result of
the manufacturing process of the controlled substance.
(3) "Harmful waste matter" is a hazardous substance as defined in
Section 374.8 of the Penal Code; a hazardous waste as defined in
Section 25117 of the Health and Safety Code; waste that, pursuant to
Division 30 (commencing with Section 40000) of the Public Resources
Code, cannot be disposed in a municipal solid waste landfill without
special handling, processing, or treatment; or waste matter in excess
of one cubic yard.
(c) (1) Whenever a person, who has one or more prior convictions
of Section 374.3 or 374.8 of the Penal Code that are not infractions,
is convicted of a misdemeanor violation of Section 374.3 of the
Penal Code, or of a violation of Section 374.8 of the Penal Code, for
illegally dumping waste matter or harmful waste matter that is
committed while driving a motor vehicle of which he or she is the
registered owner of the vehicle, or is the registered owner's agent
or employee, the court at the time of sentencing may order the motor
vehicle impounded for a period of not more than six months.
(2) In determining the impoundment period imposed pursuant to
paragraph (1), the court shall consider both of the following
factors:
(A) The size and nature of the waste matter dumped.
(B) Whether the dumping occurred for a business purpose.
(3) The cost of keeping the vehicle is a lien on the vehicle
pursuant to Chapter 6.5 (commencing with Section 3067) of Title 14 of
Part 4 of Division 3 of the Civil Code.
(4) Notwithstanding paragraph (1), a vehicle impounded pursuant to
this subdivision shall be released to the legal owner or his or her
agent pursuant to subdivision (b) of Section 23592.
(5) The impounding agency shall not be liable to the registered
owner for the release of the vehicle to the legal owner or his or her
agent when made in compliance with paragraph (4).
(6) This subdivision does not apply if there is a community
property interest in the vehicle that is owned by a person other than
the defendant and the vehicle is the only vehicle available to the
defendant's immediate family that may be operated on the highway with
a class A, class B, or class C driver's license.
(d) (1) Notwithstanding Section 86 of the Code of Civil Procedure
and any other provision of law otherwise prescribing the jurisdiction
of the court based upon the value of the property involved, whenever
a person, who has two or more prior convictions of Section 374.3 or
374.8 of the Penal Code that are not infractions, is charged with a
misdemeanor violation of Section 374.3 of the Penal Code, or of a
violation of Section 374.8 of the Penal Code, for illegally dumping
harmful waste matter, the court with jurisdiction over the offense
may, upon a motion of the prosecutor or the county counsel in a
criminal action, declare a motor vehicle if used by the defendant in
the commission of the violation, to be a nuisance, and upon
conviction order the vehicle sold pursuant to Section 23596, if the
person is the registered owner of the vehicle or the registered owner'
s employee or agent.
(2) The proceeds of the sale of the vehicle pursuant to this
subdivision shall be distributed and used in decreasing order of
priority, as follows:
(A) To satisfy all costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending sale.
(B) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of the sale,
including accrued interest or finance charges and delinquency
charges.
(C) To recover the costs made, incurred, or associated with the
enforcement of this section, the abatement of waste matter, and the
deterrence of illegal dumping.
(3) A vehicle shall not be sold pursuant to this subdivision in
either of the following circumstances:
(A) The vehicle is owned by the employer or principal of the
defendant and the use of the vehicle was made without the employer's
or principal's knowledge and consent, and did not provide a direct
benefit to the employer's or principal's business.
(B) There is a community property interest in the vehicle that is
owned by a person other than the defendant and the vehicle is the
only vehicle available to the defendant's immediate family that may
be operated on the highway with a class A, class B, or class C driver'
s license.