Section 41970 Of Article 6. Gasoline Cargo Tanks From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 3. >> Article 6.
41970
. (a) As an alternative to the criminal penalties provided in
Article 3 (commencing with Section 42400) of Chapter 4 in any case
involving a gasoline cargo tank subject to Article 5 (commencing with
Section 41950), if it appears that any person has violated any
provision of this part, or any order, rule, or regulation of the
state board or of a district adopted pursuant to this part, and all
of the conditions set forth in subdivision (b) are met and the
investigating officer or official decides to initiate enforcement
action, he or she may prepare, in triplicate, and the alleged
violator shall sign, a written notice to appear containing the
following statement: "Cited in accordance with Section 41970 of the
Health and Safety Code." If the arrested person presents, by mail or
in person, proof of correction as prescribed in Section 41971 on or
before the date on which he or she promised to appear, the court
shall dismiss the applicable charges.
(b) Use of the notice to appear pursuant to this article is
authorized when both of the following conditions exist:
(1) The violation does not evidence intentional avoidance or
persistent neglect.
(2) The violation has not presented and does not present an
immediate safety hazard.