Legal Question in Criminal Law in California

Littering 5.14.090 (A) FMC

I received a misdemeanor littering ticket for violation of the City of Fullerton Municipal Code 5.14.090 which states, ''5.14.090 A. No person shall throw, place, scatter or deposit any garbage or rubbish in or upon any public alley, street or highway, park, or other public place in the city of Fullerton except to place the same as herein expressly authorized.''

The penalty for this violation is the following: ''2. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by other employees as designated in Fullerton Municipal Code Section 2.09.080. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months in the Orange County Jail, or by both such fine and imprisonment.''

So my questions are:

1. What is the likelyhood of me having to pay the maximum fine of $1000 considering this is my first run in with the police

2. What are the steps needed to reduce this citation to an infraction as opposed to a a misdemeanor?


Asked on 11/12/07, 6:50 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Littering 5.14.090 (A) FMC

The likelihood of the full penalties being imposed is not high, unless you've got some extreme circumstances that would tick off the prosecutor and judge. To maximize your chances of good outcome, you should consider hiring counsel, but the decision would involve a cost vs benefit analysis. Yes, an attorney might be able to get the prosecutor to accept a plea to an infraction with fines; that would be my goal. Feel free to contact me if serious about getting legal help in this.

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Answered on 11/12/07, 8:19 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Littering 5.14.090 (A) FMC

First of all, figure out if you have any defenses. For example, state law permits the littering of water and the feathers of live birds. (I assume this would allow the spillage of most beverages.) Then, you could try to negotiate a plea bargain yourself, this being almost Thanksgiving you could offer to pay $50 and pick up the garbage.

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Answered on 11/12/07, 9:04 pm


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