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Local trash violations no longer result in 4th degree misdemeanor

Kristen Fenwick

Issue date: 1/18/08 Section: Campus
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Students were welcomed home from Winter Break with a revised Oxford city ordinance that, in effect, lowered the penalty for trash violations from a fourth degree misdemeanor to a minor misdemeanor.

Miami junior Alec Miz and his housemates expressed relief at the change after receiving a ticket themselves last semester under the old penalty.

"I think that the new law is good because we had our trash on the side of our house-and even though it was in trashcans-we got a littering ticket for beer cans that were on top of a table, which was on the front porch," Miz said. "I got ambushed by a cop on our front lawn and he just assumed that it was my stuff, even though four people live there."

According to Oxford Ordinance No. 2950, the decision to make violations a fourth degree misdemeanor was passed last April in an effort to discourage students from being careless with their trash.

A fourth degree misdemeanor appears on a perpetrator's criminal record and requires them to appear in court, pay additional fines and possibly serve jail time. It cannot be expunged from a person's record without an attorney.

The ordinance, after being approved by Oxford City Council, went into effect Dec. 20.

"I think (the police) go overboard, and the new law won't hurt in any way," Miz said. "Going to court was a three-hour waste of time and we had to pay the extra money, so it was a nuisance."

If a student receives a minor misdemeanor, however, he or she may pay the ticket without having to go to court at all.

"What we have now is more fair and more reasonable penalties for any violations that you have with trash," said Bobbe Burke, Miami University coordinator of off-campus affairs. "There was an effort to re-think (what passed in April) and it happened and what we got was a better ending."

Police code trash violations found under Oxford Ordinance Section 521.08 include littering and allowing litter to remain upon public, private or semi-public property or upon the premises of another. Service code trash violations found under Oxford Ordinance Section 931.03 address the placement and maintenance of containers, such as garbage cans.
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