(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.
(Added by Stats. 1980, Ch. 1134.)
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