California Codes

Cal. Penal Code § 374.4 (2026)

✓ current as of May 2026

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(a)It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction.

(b)This section does not restrict a private owner in the use of his or her own property, unless the littering of waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies.

(c)As used in this section, “litter” means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in a place other than a place or container for the proper disposal thereof, and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.

(d)A person, firm, or corporation convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction.

(e)The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up litter at a time and place within the jurisdiction of the court for not less than eight hours.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2006–2025 · leading case: Comite De Jornaleros De Redondo Beach v. City of Redondo Beach, 475 F. Supp. 2d 952 (C.D. Cal. 2006).

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Comite De Jornaleros De Redondo Beach v. City of Redondo Beach, 475 F. Supp. 2d 952 (C.D. Cal. 2006). “…In addition, all of these harms can be readily addressed through enforcement of existing statutes. See id. (citing Cal.Penal Code § 374.4 (littering); § 415 (fighting, noise, and offensive words); § 602(n) (trespassing); § 647 (disorderly conduct); § 647c (willful and…”

Cohen v. Chenowth (S.D. Cal. 2023). · cites it 6× “15 Cohen also alleges that between November 14 and November 19, 2022—after the 16 original complaint was filed but before the first amended complaint was filed—“over 99 17 repulsive and repugnant cigarette butts were lodged on or around” Cohen’s mailbox in 18 violation of…”

In re Julio S. CA2/4 (Cal. Ct. App. 2020). · cites it 2× “” (Pen. Code, § 374.4, subd. (a).) “As used in this section, ‘litter’ means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person .”

People v. Schuetz CA1/5 (Cal. Ct. App. 2025). “The petition alleged Schuetz violated the conditions of his PRCS by, among other things, littering (Pen. Code, § 374.4, subd. (a); an infraction), using a freeway as a pedestrian (Veh.”

People v. Rude CA2/6 (Cal. Ct. App. 2015). “Code, § 23111 [prohibiting the discharge of a lighted or nonlighted cigarette on any road or highway]; Pen. Code, § 374.4, subd. (a) [prohibiting littering on public or private property].”

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