5. Who, being the owner, lessee or occupant of any room, shed, tenement, tent, booth, building, float, vessel, place, stand, inclosure or grounds, or any part thereof, whether for gain, hire, reward, or gratuitously, or otherwise, permits the same to be used or occupied for any purpose, or in any manner prohibited by subdivisions one, two, three or four of this section; or 6. Who lays, makes, offers or accepts any bet or bets, or wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical appa ratus. Is punishable by imprisonment in the county jail or state prison for a period of not less than thirty days and not exceeding one year. This section shall apply not only to persons who may commit any of the acts designated in subdivisions 1 to 6 inclusive of this section, as a business or occupation, but shall also apply to every person or persons who may do in a single instance any one of the acts specified in said subdivisions 1 to 6 inclusive. [Amendment approved January 31, 1911; Stats. 1911, p. 4.] 11. Citations. Cal. 156/632; 157/474, 478, 480. App. 11/570, 575, 576; 14/10, § 348. Citations. App. 12/528, 529. § 349. Citations. App. 12/528, 529. Misrepresenting kind of labor employed in producing goods. Penalty. § 349a. Any person engaged in the production, manufacture, or sale of any article of merchandise in this state, who, by any imprint, label, trademark, tag, stamp, or other inscription or device, placed or impressed upon such article, or upon the cask, box, case, or package containing the same, misrepresents or falsely states the kind, character, or nature of the labor employed or used, or the extent of the labor employed or used, or the number or kind of persons exclusively employed or used, or that a particular or distinctive class or character of laborers was wholly and exclusively employed, when in fact another class, or character, or distinction of laborers was used or employed either jointly or in any wise supplementary to such exclusive class, character, or distinction of laborers, in the production or manufacture of the article to which such imprint, label, trademark, tag, stamp, or other inscription or device is affixed, or upon the cask, box, case or package, containing the same, is guilty of a misdemeanor, and punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty nor more than ninety days, or both. [Amendment approved March 14, 1911; Stats. 1911, p. 357.] Duty of automobile driver in collision. Penalty. § 367c. Whenever an automobile, motorcycle, or other motor vehicle strikes any person, or collides with any vehicle containing a person, the driver of, and all persons in, such automobile, motorcycle or other motor vehicle who have or assume authority over such driver, shall immediately cause such automobile, motorcycle or other motor vehicle to stop, and shall forthwith render to the person struck, or to the occupants of such vehicle, all needed assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment seems to be required, or if such carrying is requested by the person struck or occupying such vehicle; and such driver and person having or assuming authority over him, shall forthwith give to the occupants of such vehicle or person struck, the number of such automobile, motorcycle or other motor vehicle, with the name and address of the driver and of each person in such automobile, motorcycle or other motor vehicle, at the time of such striking or collision. Any person violating any provision of this section is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. [New section added February 17, 1911; Stats. 1911, p. 62.] Driving automobile while intoxicated. § 367d. Any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle shall be guilty of a misdemeanor. [New section added February 28, 1911; Stats. 1911, p. 90.] Intoxicated automobile driver. § 367e. Any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle, and who by reason of such intoxication does any act, or neg lects any duty imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punishable by imprisonment in the state's prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. [New section approved March 7, 1911; Stats. 1911, p. 288.] § 374. Citations. App. 10/140. Unlawful to dump garbage, etc., in navigable waters or in Pacific ocean. § 374a. Any person who places, deposits or dumps any garbage, swill, refuse, cans, bottles, paper, or vegetable matter, or the carcass of any dead animal, or the offal from any slaughter-pen or butcher-shop, or any trash or rubbish in or upon the navigable waters of this state, or who places, deposits or loads the same upon any scow, barge, float, hulk, or any steam or sailing vessel, or any vessel of any kind, with intent that the same shall be dumped or deposited therefrom in or upon any of the navigable waters of this state, or of the Pacific ocean without the state, at any point therein, within twenty miles of any point on the coast line of the state, and any captain, or other person in charge of any scow, barge, float, hulk, or any steam or sailing vessel, or any vessel of any kind, who permits the same to be loaded with any garbage, swill, refuse, cans, bottles, paper, or vegetable matter, or the carcass of any dead animal, or the offal from any slaughter-pen or butcher-shop, or any trash or rubbish, with intent that the same shall be dumped or deposited therefrom in or upon any of the navigable waters of this state, or of the Pacific ocean without the state, at any point therein, within twenty miles of any point on the coast line of the state, is guilty of a misdemeanor, and no scow, barge, float, hulk, or any steam or sailing vessel, or any vessel of any kind, upon which any garbage, swill, refuse, cans, bottles, paper, or vegetable matter, or the carcass of any dead animal, or the offal from any slaughter-pen or butcher-shop, or any trash or rubbish has been loaded with the intent that the same shall be dumped or deposited therefrom upon any of the waters of the Pacific ocean where permitted by this section, shall leave any point within the state unless it shall carry for the entire trip an inspector appointed by the state board of health, or where such point of departure is within a municipality, then by such municipality, and it shall be the duty of such inspector to enforce the provisions of this section, and the captain, or other person in charge of any such scow, barge, float, hulk, steam, sailing or other vessel, so leaving without carrying such inspector during the entire trip is guilty of a misdemeanor; provided, however, that this act shall not be construed to affect the discharge of any sewer system. [New section approved May 1, 1911; Stats. 1911, p. 1420.] Penalty for violating act for prevention of fires. § S84. Any person who shall willfully or negligently commit any of the acts hereinafter enumerated in this section shall be guilty of a misdemeanor, and upon conviction thereof be punishable by a fine of not less than fifty nor more than five hundred dollars, or imprisonment in the county jail not less than fifteen days nor more than six months, or both such fine and imprisonment, except that in the case of an offense against subsection five of this section, the fine imposed may be not less than ten dollars: 1. Setting fire, or causing or procuring fire to be set to any forest, brush or other inflammable vegetation growing on lands not his own, without the permission of the owner of such land; provided, that no person shall be convicted under this section who shall have set, in good faith and with reasonable care, a back fire for the purpose of stopping the progress of a fire then actually burning. 2. Allowing fires to escape from the control of the persons having charge thereof, or to spread to the lands of any person other than the builder of such fire without using every reasonable and proper precaution to prevent such fire from escaping. 3. Burning brush, stumps, logs, rubbish, fallen timber, fallows or grass on his own land, or blasting with dynamite, powder or other explosives, or setting off fireworks in forest or brush-covered land, either his own or the property of another, without taking every proper and reasonable precaution both before the lighting of said fire and at all times thereafter to prevent the escape thereof; provided, that any firewarden may, in his discretion, give a written permit to any person desiring to burn or blast as aforesaid; such permit shall contain such rules and regulations for the building and management of such fires as the state board of forestry may from time to time prescribe; and in any prosecution under this subsection it shall be prima facie evidence that the defendant has taken proper and reasonable precautions to prevent the escape of such fire, when he shall show that he has received such a permit and has complied with all the rules and regulations therein prescribed. 4. Using any logging locomotive, donkey or threshing engine, or any other engine or boiler, in or near any forest, brush or grass land, unless he shall prove upon the trial, affirmatively, that such engines or boilers used by him were provided with adequate devices to prevent the escape of fire or sparks from smokestacks, ash-pans, fire-boxes, or other parts, and that he has used every reasonable precaution to prevent the causing of fire thereby. 5. Refusing or failing to render assistance in combating fires at the summons of any firewarden unless prevented by good and sufficient rea sons. 6. Leaving fire burning or unextinguished on departing from a camp or camping place, or allowing such fire to spread after being built. 7. The provisions of this section shall not apply to the setting of fire on lands within any municipal corporation of the state. [Amendment approved May 1, 1911; Stats. 1911, p. 1356.] Citations. Cal. (subd. 3) 157/27, 28. § 412. Citations. App. 8/753. § 415. Citations. App. 8/753. § 417. Citations. App. 9/307. § 435. Citations. App. 10/39; 13/566. |