Challenging fines for littering? It's a pain, but some of your fellow citizens do it. Three tips are here to help you avoid doing so Unrecognized dumping fines, do you ever do it? First of all, it is necessary to clarify: illegal dumping is the act of putting garbage or waste on the public domain without the authorization of the city services.
Placing a refrigerator on the sidewalk is prohibited, unless the constituent has notified or paid attention to the curbside collection system.
An illegal dump can be a bulky item (a large piece of waste also called a monster), a small piece of waste (a diaper) or a cardboard box.
The major reasons for contention are going to be:
- It would not be him who deposited at this place. Without flagrance, you will not be able to act or photo reported to the Prosecutor, it is illegal. we can not rely solely on name clues (the bags can be moved).
Origin of the video that shows it. If it's a city police officer who didn't do it in real time, it's illegal.
The land is private and he knows it. It is not up to the Municipal Police to act
The police services are therefore fighting these polluters and citizens have been fined for illegal dumping.
A municipal police officer who establishes a ticket must do so if he has visualized the infraction by himself. This is called flagrance. In the absence of flagrante delicto, the municipal police officer, sworn agent, field guard or environmental brigade cannot issue a ticket incriminating a person.
These tickets are often issued by municipal police departments. The problem is that municipal police departments do not have quite the same powers as the national police or gendarmerie.
The city police can't issue a ticket based on an investigation (looking for an address in a bag). That's just illegal. City police are obligated to flagrante delicto (see by their eyes or their cameras IN REAL TIME) the person doing the infraction. If the person is not caught in real time, the municipal policeman can only make the observations and transmit to the public prosecutor who will classify, prosecute according to his workload.
Any ticket issued by a municipal police officer in matters of illegal dumping must be issued on the basis of flagrante delicto, i.e. he must see for himself the infraction taking place in real time!
Any ticket issued by a municipal police officer that is not based on facts seen by him or her is not worth much.
A citizen can challenge and simply ask on what legal basis the municipal police are doing this.