2009 California Penal Code - Section 11300-11319 :: Article 3. Control Of Gambling Ships

PENAL CODE
SECTION 11300-11319

11300.  It is unlawful for any person, within this State, to
solicit, entice, induce, persuade or procure, or to aid in
soliciting, enticing, inducing, persuading or procuring any person to
visit any gambling ship, whether such gambling ship be within or
without the jurisdiction of the State.

11301.  As used in this article "craft" includes every boat, ship,
vessel, craft, barge, hulk, float or other thing capable of floating.

11302.  It is unlawful for any person, within this State, to
solicit, entice, induce, persuade or procure, or to aid in
soliciting, enticing, inducing, persuading or procuring any person to
visit any craft, whether such craft is within or without the
jurisdiction of the State, from which craft any person is
transported, conveyed or carried to any gambling ship, whether such
gambling ship is within or without the jurisdiction of the State.

11303.  It is unlawful for any person, firm, association or
corporation to transport, convey or carry, or to aid in transporting,
conveying or carrying any person to any gambling ship, whether such
gambling ship is within or without the jurisdiction of the State.

11304.  It is unlawful for any person, firm, association or
corporation to transport, convey or carry, or to aid in transporting,
conveying or carrying any person to any craft, whether such craft is
within or without the jurisdiction of the State, from which craft
any person is transported, conveyed, or carried to any gambling ship,
whether such gambling ship is within or without the jurisdiction of
the State.

11305.  Any boat, ship, vessel, watercraft, barge, airplane,
seaplane or aircraft, hereinafter called "means of conveyance," used
for the purpose of transporting, conveying or carrying persons in
violation of this article is a public nuisance which shall be
enjoined, abated and prevented.

11306.  Whenever there is reason to believe that a nuisance as
defined in this article is kept, maintained or exists in any county,
the district attorney, in the name of the people, shall, or any
citizen of the State resident in the county, in his own name, may,
maintain an action to abate and prevent the nuisance and perpetually
to enjoin the person or persons conducting or maintaining it, whether
as principal, agent, servant, employee or otherwise, from directly
or indirectly maintaining or permitting the nuisance.
   Unless filed by the district attorney, the complaint in the action
shall be verified.
   In any such action the plaintiff, at the time of issuing the
summons, or at any time afterward, may have the means of conveyance,
with its tackle, apparel and furniture, seized and kept as security
for the satisfaction of any judgment that may be entered in the
action.

11307.  When any means of conveyance is seized pursuant to Section
11306, the owner thereof or any other person otherwise entitled to
possession thereof may apply to the court in which the action is
pending for leave to file bond and regain possession of the means of
conveyance during the pendency of the proceedings. The bond shall be
in an amount determined by the judge to be the actual value of the
means of conveyance at the time of its release. Upon giving said bond
conditioned upon compliance with the terms of any temporary writ of
injunction entered in the action and upon the return of the means of
conveyance to the custody of the court in the event the same is
ordered forfeited, the person on whose behalf such bond is given
shall be put in possession of said means of conveyance and may use it
until it is finally ordered delivered up and forfeited, if such be
the judgment of the court.

11308.  If the existence of a nuisance as defined in this article is
shown in any action brought under this article to the satisfaction
of the court or judge, either by verified complaint or affidavit, the
court or judge shall allow a temporary writ of injunction to abate
and prevent the continuance or recurrence of the nuisance. On
granting the temporary writ the court or judge shall require an
undertaking on the part of the applicant to the effect that the
applicant will pay to the defendant enjoined such damages, not
exceeding an amount to be specified, as the defendant sustains by
reason of the injunction if the court finally decides that the
applicant was not entitled to it.

11309.  Actions brought under this article shall have precedence
over all other actions, except criminal proceedings, election
contests and hearings on injunctions.
   If the complaint is filed by a citizen it shall not be dismissed
by him or for want of prosecution except upon a sworn statement made
by him and his attorney, setting forth the reasons why the action
should be dismissed, and by dismissal ordered by the court.
   In case of failure to prosecute the action with reasonable
diligence, or at the request of the plaintiff, the court, in its
discretion, may substitute any other citizen consenting thereto for
the plaintiff.
   If the action is brought by a citizen and the court finds there
was no reasonable ground or cause therefor, the costs shall be taxed
against him.

11310.  If the existence of a nuisance as defined in this article is
established in an action brought thereunder, an order of abatement
shall be entered as part of the judgment in the case, and plaintiff's
costs in the action are a lien upon the means of conveyance, and
upon its tackle, apparel and furniture. The lien is enforceable and
collectible by execution issued by order of the court.

11311.  A violation or disobedience of an injunction or order for
abatement provided for in this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) or more
than one thousand dollars ($1,000), or by imprisonment in the county
jail for not less than one nor more than six months, or by both.

11312.  If the existence of a nuisance as defined in this article is
established in an action brought thereunder, an order of abatement
shall be entered as a part of the judgment, which order shall direct
the seizure and forfeiture of the means of conveyance with its
tackle, apparel and furniture, and the sale thereof in the manner
provided for the sale of like chattels under execution.
   While the order of abatement remains in effect, the means of
conveyance is in the custody of the court.
   For seizing and selling the means of conveyance, the officer is
entitled to charge and receive the same fees as he would for levying
upon and selling like property on execution.

11313.  The proceeds of the sale of the means of conveyance shall be
applied as follows:
   First--To the fees and costs of the seizure and sale.
   Second--To the payment of the plaintiff's costs in the action.
   Third--The balance, if any, shall be paid into the State Treasury
to the credit of the General Fund.

11314.  If the owner of the means of conveyance has not been guilty
of any contempt of court in a proceeding brought under this article,
and appears and pays all costs, fees, and allowances that are a lien
on the means of conveyance and files a bond in the full value of the
means of conveyance, to be ascertained by the court, conditioned that
the owner will immediately abate the nuisance and prevent it from
being established or resumed within a period of one year thereafter,
the court or judge may, if satisfied of the owner's good faith, order
the means of conveyance to be delivered to the owner, and the order
of abatement canceled so far as it may relate thereto. The release of
such means of conveyance under the provisions of this section does
not release it from any judgment, lien, penalty, or liability to
which it may be subject.

11315.  Whenever the owner of the means of conveyance, or the owner
of any interest therein, has been guilty of a contempt of court, and
fined in any proceeding under this article, the fine is a lien upon
the property to the extent of his interest in it. The lien is
enforceable and collectible by execution issued by order of the
court.

11316.  Any person, firm, association or corporation, either as
principal, agent, servant, employee or otherwise, who violates any of
the provisions of this article is guilty of a misdemeanor.

11317.  The term "gambling ship" as used in this article means any
boat, ship, vessel, watercraft or barge kept, operated or maintained
for the purpose of gambling, whether within or without the
jurisdiction of the State, and whether it is anchored, lying to, or
navigating.

11318.  If any section, subsection, paragraph, sentence or clause of
this article is for any reason held to be invalid, the Legislature
hereby declares that had it known of the invalidity of that portion
at the time of this enactment, it would have passed the remainder of
the article without the invalid portion and that it is the intention
of the Legislature that the remainder of the article operate in the
event of the invalidity of any portion thereof.

11319.  It is unlawful for any person to do any of the following:
   (a) Violate any provision of Chapter 9 (commencing with Section
319), Chapter 10 (commencing with Section 330), or Chapter 10.5
(commencing with Section 337.1) of Title 9 of Part 1 on a craft that
embarks from any point within the state, and disembarks at the same
or another point within the state, during which time the person
intentionally causes or knowingly permits gambling activity to be
conducted, whether within or without the waters of the state.
   (b) Manage, supervise, control, operate, or own any craft that
embarks from any point within the state, and disembarks at the same
or another point within the state, during which time the person
intentionally causes or knowingly permits gambling activity which
would violate any provision of Chapter 9 (commencing with Section
319), Chapter 10 (commencing with Section 330), or Chapter 10.5
(commencing with Section 337.1) of Title 9 of Part 1 to be conducted,
whether within or without the waters of the state.
   (c) This section shall not apply to gambling activity conducted on
United States-flagged or foreign-flagged craft during travel from a
foreign nation or another state or possession of the United States up
to the point of first entry into California waters or during travel
to a foreign nation or another state or possession of the United
States from the point of departure from California waters, provided
that nothing herein shall preclude prosecution for any other offense
under this article.


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