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Puking in public ticket
My jurisdiction is: Waterloo, Ontario, Canada
Did commit the offence of: Foul Land owned privately
Contrary to: Waterloo public nuisance by-law 05.18.2.5
I had a bit to much to drink last night and after the bar my friends and I headed to pitapit for some food. I wasn't feeling the greatest at this point and had the spins going. Im 33 years old and do not do bars unless it's an occasion.....and this time I went over my limit. I hopped out the car and started throwing up on my own tire in the parking lot. I own the suv but of coarse had a DD.... While i was puking, i was approached by a regional police officer. And he gave me a $300 ticket for "Foul land owned Privately" contrary to "city of waterloo by law #05/8 under section 2.4".
It was raining a bit and threw a bottle of water on it to "Try" and clean it up a bit but the officer didn't care! It could of be worse I guess? I think? but $300!!!! DAMM!!!!
I know that what i did wasn't right, but i knew i couldn't hold it in.So, I was wondering whats the best course of action i can take? Apparently the city bylaws have change recently and so have the fee's......
This is an offence notice so I'm assuming it's criminal. Any help or information world be great, I've never heard of fighting this kind of infraction nor the steps involved to fight it?? Same as a traffic ticket? I dunno? I'm reaching out.......
Thanks,
I live in downtown toronto and took a piss in an alley late one night because the place I was eating at (burrito bandidos around adelaide) didn't have a customer bathroom. $125 ticket for 'encumbering fouling'
At least they let me finish!
On a serious note though doubt there is anything you could do. Maybe get a reduction possibly as that seems to be a lot but you still defaced or 'fouled' on someone elses property...
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Im not a lawyer by any means, but after reading the Bylaw http://www.waterloo.ca/Portals/57ad7...Bylaw_2011.pdf
which is still current btw, nowhere does it say anything about Private property,
only Public.
It sounds like you were on Private property. Fight the ticket, and see what happens. if you lose, you're only out the 300 you are already prepared to lose, plus some of your time.
have fun with it, tell the you werent fouling up the property, just feeding the seagulls
Originally Posted by braveheart
The bylaw refers to "public PLACE", not public property. Private property can still be considered a public place if the public has "access as of right or by invitation", or if that private property is open to public view.
Last edited by Paul; 02-12-2012 at 04:33 PM. Reason: Removed trolling
its not criminal.. its like an expenisive parking ticket.
I have no legal knowledge on this, but would the possibility of puking being involuntary be somewhat of a defence? Not like you could hold it or anything, lol. I mean, I was out for a walk one night, no alcohol whatsoever, and simply became ill and heaved in an alley. Hate to think that's a chargeable offence
Seems to make sense to me that Waterloo would have this kind of law. Isn't there a bunch of post secondary schools there?
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Moderator
It took me about 30 seconds to turn up about a half dozen such incidents in "The Cord"; Laurier's newspaper.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
Ya i did a search and found a bunch of incidents as well but nothing on how to go about fighting it. I will ask for disclosure just to see what his notes or statements say. At that time I will a least be able to smerk about it. Least it will give me some time to save up
I not proud of what happened but at the end of the day it's a lesson learned! Don't drink so damm much!!
Reading the waterloo by-law on public nuisance it really is an eye opener. Can't fart in public, piss, puke, spit, knock recycling bins/garbage cans over.. or anything you can think of that would cause someone discomfort witch makes sense....except the part where it exempts government and law officials WTF!!
Thanks for chiming in....
If u pass a foul Oder and offend the public.... Yes they can still slap a $300 bill on ya. At least in waterloo I agree.... Thou its not my best of times, I think $300 is way out to lunch.
I guess it's better then pissing in a public place and getting slapped with a pedophile tag like they do in some states. Geeeez
There was a warning campaign at all the bars around town about 1-2 years ago.
It's a hard one. I've been there and done that (thankfully without being caught, lol), but now that I'm getting older and staying sober more often than not... the drunken student behaviour kinda wears on you, not that it's unexpected. I guess the town council is going for high deterrency.
Go to court and if the officer does show up, plead guilty with explanation. From my experience in court, the fine is always reduced. Only suckers or people who are unable to attend court pay the full amount.
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Hey why was my post deleted? I made a valid point
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Moderator
I was not a point of law, nor was it at all useful for the OP. You were airing your own grievance.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
Moderator
The Waterloo court will not be easy on you.Did this happen near the University? Northdale (the student residence ghetto in the Loo) has been a HUGE problem for the city and the court won't be easy on anyone with a ticket like yours.
I'll bet you were drinking at Morty's weren't you? Stubby works across the road at BMO and comes into work all the time to see puke in and around the bank.Freshmen...jeeesh!
Last edited by Wingboy; 02-13-2012 at 07:32 PM.
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I would fight it and blame it on the pita pit for food poisoning. Puking is involuntary. I can understand pissing, spitting or whatever but puking that's stretching it on the cops part.
Moderator
Unfortunately the bylaw specifically states that act, so no 'stretching' was involved. I would tend to go with the generic 'hope the cop doesn't show', along with 'beg for a lower fine.'
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
I would still argue involuntariness. All offences are subject to that defence.
Whether it will work or not in this case I don't know. But if you puked because of an allergic reaction or something, I would expect a non-guilty verdict for that.
This post does not provide any legal advice and readers should consult with their own lawyer for legal advice.
No, I went to the rev that night. Lol I'm 33 and completely understand why the courts would have a hard time with giving me a break. I work at the u of w (kind of) and see it all the time. I did buy 2 bottles of water to wash or dilute what I could but no luck from Waterloo region police.
Yes I was completely intoxicated but did my best to work it out with the officer. If a drunk in public is cheaper. I would of taken that instead. At least I didn't get both
Going to fight it regardless. I'm a believer in flooding the system.
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