Citation for Littering - What Can I Expect

My question involves criminal law for the state of: Washington state.

I'm not sure if littering (or civil infractions) fall under the category of ''vandalism and mischief'' but it was the most relevant section I could find.

To summarize the incident, I was helping a friend with a sign route for a local housing development. The job is late at night and takes a long time because you have to pound in wooden stakes etc... So when we pulled up to one location where we usually put a sign, someone from another company had taken one of our stakes from the previous weekend that was still stuck in the ground. Without thinking I took theirs off and placed ours on instead. Didn't know that I cop saw me leave the other sign on the ground as we pulled away. He gave me a citation which involves a mandatory court appearance.

Thank you.

so, what is it you are looking for. it appears you are guilty of littering since you let the sign on the ground. Did you have an actual question?

I'm not sure what a mandatory court appearance involves, and I'm not sure what kind of fine I should expect. Is there anything I can say or do to minimize the fine I'll probably get?

do you have the actual code (number) for what you are being charged with?


I'll take a stab at what the actual charge is.

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RCW 70.93.060 Littering prohibited — Penalties — Litter cleanup restitution payment.

(1) It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

(b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters.

(2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(d) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

(3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community restitution in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 79A.05.050.

(4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount.
[2003 c 337 § 3; 2002 c 175 § 45; 2001 c 139 § 1; 2000 c 154 § 2; 1997 c 159 § 1; 1996 c 263 § 1; 1993 c 292 § 1; 1983 c 277 § 1; 1979 ex.s. c 39 § 1; 1971 ex.s. c 307 § 6.]

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Quote:

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RCW 7.80.120 Monetary penalties — Restitution.

(1) A person found to have committed a civil infraction shall be assessed a monetary penalty.

(a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving potentially dangerous litter as specified in RCW 70.93.060(4) and an infraction of state law involving violent video or computer games under RCW 9.91.180, in which case the maximum penalty and default amount is five hundred dollars;

(b) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;

(c) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments; and

(d) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.

(2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions.

(3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

(4) The court may also order a person found to have committed a civil infraction to make restitution.
[2003 c 365 § 3; 2003 c 337 § 4; 1997 c 159 § 2; 1987 c 456 § 20.]

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Not sure what you could argue that might get the fine reduced. Since the max is $50, maybe you could ask from something lesser due to the fact it was not intentional but a slip of the mind.

It means that if you try to go into the military they'll make you sit on the Group W bench where they determine if you are moral enough to join the Army after having committed your special crime.

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Quoting jk

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do you have the actual code (number) for what you are being charged with?

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I believe it's this. 8.12.150

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Quoting TheAbsentMind

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I believe it's this. 8.12.150

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???????????????

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RCW 8.12.150 Separate findings where there are several interests — Interpleader of adverse claimants.

If the land and buildings belong to different parties, or if the title to the property be divided into different interests by lease or otherwise, the damages done to each of such interests may be separately found by the jury on the request of any party. In making such findings, the jury shall first find and set forth in their verdict the total amount of the damage to said land and buildings and all premises therein, estimating the same as an entire estate and as if the same were the sole property of one owner in fee simple; and they shall then apportion the damages so found among the several parties entitled to the same, in proportion to their several interests and claims and the damages sustained by them respectively, and set forth such apportionment in their verdict. No delay in ascertaining the amount of compensation shall be occasioned by any doubt or contest which may arise as to the ownership of the property, or any part thereof, or as to the extent of the interest of any defendant in the property to be taken or damaged, but in such case, the jury shall ascertain the entire compensation or damage that should be paid for the property and the entire interests of all the parties therein, and the court may thereafter require adverse claimants to interplead, so as to fully determine their rights and interests in the compensation so ascertained. And the court may make such order as may be necessary in regard to the deposit or payment of such compensation.
[1907 c 153 § 11; RRS § 9225.]
Notes:

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or maybe you are in Tacoma:

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8.12.150 Littering prohibited – Penalties.
A. No person shall throw, drop, deposit, discard, or
otherwise dispose of litter upon any public property
in the City or upon private property in this City not
owned by him or her or in the waters within the City
boundaries, whether from a vehicle or otherwise,
including, but not limited to, any public highway,
public park, beach, campground, forest land,
recreational area, trailer park, highway, road, street,
court, alley, or sidewalk, except:
1. When such property is designated by the City or
the State, or by any of the State's agencies or political
subdivisions, for the disposal of garbage and refuse,
and such person is authorized to use such property for
such purpose.
2. Into a litter receptacle in such a manner that the
litter will be prevented from being carried away or
deposited by the elements upon any part of said
private or public property or waters.
B. Any person violating the provisions of this section
shall be guilty of a misdemeanor and the fine for such
violation shall not be less than $50.00 for each
offense. In addition thereto, except where infirmity
or age or other circumstance would create a hardship,
such person shall be directed by the court in which
conviction is obtained to pick up and remove litter
from public property and/or private property, with
prior permission of the legal owner, for not less than
eight hours nor more than 16 hours for each separate
offense. The court shall schedule the time to be spent
on such activities in such a manner that it does not
interfere with the person's employment and does not
interfere substantially with the person's family
responsibilities. (Ord. 23860 § 1; passed May 19,
1987)

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Thanks. I guess the type of hearing scheduled is an ''Arraignment,'' which I read almost everyone pleads 'not guilty.' Not sure if I should plead guilty or not.... maybe if the cop doesn't show up?

The officer does not have to be present for an arraignment on a criminal misdemeanor.

If you plead guilty as charged, you will be convicted and sentenced. Consider consulting a local lawyer, or at least talking to a prosecutor about possible plea bargains that might allow you to avoid a conviction.

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Quoting jk

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so, what is it you are looking for. it appears you are guilty of littering since you let the sign on the ground.

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I'm not sure that I couldn't plead innocent. While on the sign route, we have a limited number of wooden stakes and we're allowed to leave them out in the ground over the week. It didn't occur to me at the time that it was littering, because the sign was not ours and it was placed on a wooden stake that we had left from the previous week. I simply took their sign off and placed it on the ground where they could pick it up on their next route. Was I supposed to take their sign back with me? Or use one of the wooden stakes in the truck that we were already running low on?

I don't know, I just had no idea that you could get a mandatory court appearance for something so petty.

You can always plead not guilty. If you wish to contest the charges in any way, that is where you start. Even if guilty many people plead not guilty so they will "get their day in court".


as to what to do with the sign:

actually taking the sign would have been theft. Leaving it on the ground as you did is littering. You should have mounted your sign using a new stick.

Under the circumstances that I explained in my last post, it didn't occur to me that it was littering. What are the chances that they'll consider me innocent if I just say that it was an absent minded mistake?

Thanks.

I'd try something like; "The sign wanted to be left there Your Honor!"

That may make the judge chuckle a little instead of just getting pissed after hearing one of the oldest and lamest in-court excuses.