WOW!! $300 for puking im an idoit!

[OpenGambit]

Going to fight it regardless. I'm a believer in flooding the system.

In that case, I feel the fine should be increased.

[turbodish]

In that case, I feel the fine should be increased.

Saw one guy fighting a trespass ticket in Whitby court. He figured, what the hell, the worst that will happen is that he'll be out the $63 or so that he would have to pay had he just paid the ticket. He actually said that to the court during his trespass trial at the same time that he admitted he had no defence strategy. Imagine his shock when the Crown asked for the court to impose a $500 fine on conviction. Seems he didn't realize that the amount on the ticket is the out of court settlement, and not the maximum fine.

In this particular Waterloo bylaw, the OP might want to look at Sect 10 where it outlines the applicable fines on conviction. Minimum $450, maximum $25,000 for a first offence. His trying to "clog the system" may come at an even greater price than the out of court settlement amount on the ticket.

[OpenGambit]

Saw one guy fighting a trespass ticket in Whitby court. He figured, what the hell, the worst that will happen is that he'll be out the $63 or so that he would have to pay had he just paid the ticket. He actually said that to the court during his trespass trial at the same time that he admitted he had no defence strategy. Imagine his shock when the Crown asked for the court to impose a $500 fine on conviction. Seems he didn't realize that the amount on the ticket is the out of court settlement, and not the maximum fine.

In this particular Waterloo bylaw, the OP might want to look at Sect 10 where it outlines the applicable fines on conviction. Minimum $450, maximum $25,000 for a first offence. His trying to "clog the system" may come at an even greater price than the out of court settlement amount on the ticket.

Sounds good to me. I don't do by-law tickets at all but I agree with the approach in general.

[ATTS]

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.

I am reading your statement wrong, it doesn't make sense to me. You say "access as of right or by invitation" makes it a public place. I can invite people into my house, does this now make my house a public place? I have the flu so not sure if thats why it doesn't make sense to me or if I'm just reading it wrong.

[OpenGambit]

I am reading your statement wrong, it doesn't make sense to me. You say "access as of right or by invitation" makes it a public place. I can invite people into my house, does this now make my house a public place? I have the flu so not sure if thats why it doesn't make sense to me or if I'm just reading it wrong.

Think of a mall, not your living room.

[Dave_Stumph]

Saw one guy fighting a trespass ticket in Whitby court. He figured, what the hell, the worst that will happen is that he'll be out the $63 or so that he would have to pay had he just paid the ticket. He actually said that to the court during his trespass trial at the same time that he admitted he had no defence strategy. Imagine his shock when the Crown asked for the court to impose a $500 fine on conviction. Seems he didn't realize that the amount on the ticket is the out of court settlement, and not the maximum fine.

In this particular Waterloo bylaw, the OP might want to look at Sect 10 where it outlines the applicable fines on conviction. Minimum $450, maximum $25,000 for a first offence. His trying to "clog the system" may come at an even greater price than the out of court settlement amount on the ticket.

I'll have a defense strategy! My intention is to get this withdrawn regardless! In the process if I "clog" the system. Hope it helps others

[OpenGambit]

I'll have a defense strategy! My intention is to get this withdrawn regardless! In the process if I "clog" the system. Hope it helps others

I am not sure if you read the post above. but alright.

[ATTS]

Think of a mall, not your living room.

I get it but his post says (property can still be considered a public place if the public has "access as of right or by invitation")my house is private property but the public has access to it if I invite them in. No?

[turbodish]

I get it but his post says (property can still be considered a public place if the public has "access as of right or by invitation")my house is private property but the public has access to it if I invite them in. No?

Do you have a sign up inviting the general public (and not just your friends) to come in as they wish?

[OpenGambit]

I get it but his post says (property can still be considered a public place if the public has "access as of right or by invitation")my house is private property but the public has access to it if I invite them in. No?

He means places where there is an implied right of invitation, like places that are techinically private but the public is expected to use by virtue of the type of space that it is.
I can see what you are getting at, I don't have the exact wording handy, but I am just trying to give the concept.

[Rob MacLennan]

He means places where there is an implied right of invitation, like places that are techinically private but the public is expected to use by virtue of the type of space that it is.
I can see what you are getting at, I don't have the exact wording handy, but I am just trying to give the concept.

"Public Place" includes a Highway and any place to which the public has access as of right or by invitation, express or implied, which may include Public Property, and private property that is exposed to public view, but does not include a washroom facility.

[OpenGambit]

"Public Place" includes a Highway and any place to which the public has access as of right or by invitation, express or implied, which may include Public Property, and private property that is exposed to public view, but does not include a washroom facility.

Lol does it actually say "but does not include a washoom facility?"

[Rob MacLennan]

Lol does it actually say "but does not include a washoom facility?"

Indeed it does. I found the PDF on the Waterloo website.

[OpenGambit]

Indeed it does. I found the PDF on the Waterloo website.

I get it, obviously you can't give someone that ticket for going to the washroom... in a washroom. But I still think its funny that they wrote that in.

[Rob MacLennan]

I get it, obviously you can't give someone that ticket for going to the washroom... in a washroom. But I still think its funny that they wrote that in.

It does seem rather needlessly specific, but then again some idiot would probably try to get them to enforce it, otherwise

[braveheart]

Indeed it does. I found the PDF on the Waterloo website.

its not that hard to find when i gave the link to it in Post #3

and i would also imagine that whatever establishment's parking lot he was in, had a washroom

thus making it Private property.
off on a technicality ?

[Rob MacLennan]

its not that hard to find when i gave the link to it in Post #3

and i would also imagine that whatever establishment's parking lot he was in, had a washroom

thus making it Private property.
off on a technicality ?

Didn't notice the link. Downloaded the PDF after reading the OP.

If he didn't vomit IN the washroom, then no. As it says, the washroom isn't included in the definition of public. The parking lot, for example, certainly is.

[gwelfmike]

This by-law was written in response to numerous business and residental complaints of people coming out from bars and parties and urinating, deficating and vomiting on front lawns, doorways, sidewalks and any other concivable place. There was a time when the Police use to charge someone with indecent exposure for someone urinating in a public place but that was struck down by the Supreme court as urinating cannot be considered an indecent act. Also, police were not that likely to charge someone with this because of the time and resources needed to charge someone.

After years of buisness and home owners in the area waking up to urine, feces and vomit of there front doors and then trying to get the smell of pee, crap and vomit off there front door from apparently intellegent people, a by-law had to be written for them.

[r6rollin]

AAhhhh the good ole days in my stomping grounds as a former student in waterloo this does not surprise me one bit, they look for this and will find a way to slap you with a ticket. Im going to agree with wingboy on this one, they will not take it easy on you. good luck!

[ATTS]

Do you have a sign up inviting the general public (and not just your friends) to come in as they wish?

So if there is no sign up stating the general public can come in then they aren't allowed? I sure trespass a lot.