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FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
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Posted on 04/09/2004 7:02:48 AM PDT by at bay
SACRAMENTO -- Motorists who flick cigarette butts out the window could be fined more than their car is worth under legislation proposed by a Southern California assemblyman.
The bill would raise the stakes for adding to the millions of smoldering butts discarded annually.
Fines and penalties would range from a minimum of $3,400 for first-time offenders to $20,400 for those cited three times or more.
"I want to reach the point where the fine is so significant that it's just not worth it (to litter)," said Assemblyman Russ Bogh, R-Cherry Valley, who introduced the measure, Assembly Bill 2694.
It targets motorists and pedestrians who toss cigarettes, cigars, matches or other flaming substances onto public land or property not owned by them.
But critics claim AB 2694 is unfair and unrealistic.
"It wouldn't be enforced at all -- like a lot of other silly laws -- except at the point where a cop really wants to harass someone," said Ned Roscoe, president of a discount cigarette chain, Cigarettes Cheaper.
Toss out a butt, go to jail?
Others contend that the fines could backfire, crowding courts and exacerbating pressure on jails that could be forced to house smokers unable to pay the penalties.
"Who's going to be let out to make room for the cigarette litterers?" asked Paul Gerowitz, executive director of California Attorneys for Criminal Justice. "And who's going to be spotting these (smokers)? Would we have to have cigarette cops?"
AB 2694 is likely to spark debate on law enforcement priorities and the extent to which increasing fines alters behavior.
By all accounts, cigarette littering is a massive problem, though few people are cited.
More than 300,000 cigarette butts are seized each year during California Coastal Cleanup Day, a three-hour sweep of shorelines, beaches and other such areas, said Eben Schwartz, who coordinates the cleanup.
"That's actually an incredibly low number because people get so sick of counting them that they just stop," said Schwartz.
Cigarette might have caused fire
Bogh said his bill stemmed, in part, from the conclusion by San Bernardino County officials that last year's Grand Prix fire probably was caused by a dropped cigarette, or a spark from a motorcycle or all-terrain vehicle. That fire destroyed 136 homes.
"You've got people who just have no regard for the dangers," Bogh said.
But Roscoe said AB 2694 is not likely to alter behavior significantly because many smokers have a personal reason for ignoring ashtrays: They're hiding a secret from loved ones.
"As long as they throw (the butts out), nobody will know they smoked," Roscoe said.
California law treats cigarette butts and matches like any other form of litter, allowing fines and penalty assessments ranging from $360 for first-time offenders to $3,400 for multiple citations.
AB 2694 would send the base fines skyrocketing, sparking proportional increases in penalty assessments, which are tacked on to citations to generate funds for court construction, jails, victim restitution and other purposes.
Stray butts are a low priority
Jennifer Tippett, a 33-year-old smoker from Sacramento, said she supports the bill because she's tired of picking up butts outside the store where she works.
"They do it for the same reason they come into our store and trash the bathroom: It's not theirs, they don't care and somebody else will have to clean up," she said.
Statewide, 5,000 to 6,000 tickets are issued annually for throwing cigarettes or other flaming objects out vehicle windows, according to the California Highway Patrol.
The citations represent only a small fraction, however, of the more than 20 million drivers licensed by the state.
"I have occasionally seen a citation for throwing a flaming object from a vehicle, but the chances of catching someone are pretty small," said Dee Dee Gunther, a spokeswoman for the Roseville Police Department. "Frankly, most people are smart enough not to throw a cigarette out the window in front of an officer......."
(Excerpt) Read more at modbee.com ...
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FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
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It is in the breaking news sidebar! |
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Seized? I certainly hope that adequate SWAT team backup is provided during the seizure of these discarded butts.
I don't believe this. 100,000 and hour??
I think it would take more than 3 hours just to COUNT them! LOL.
You're right, I did. I could get behind stiff fines for pitching butts in combustible areas. I'm not sure the LA freeways qualify.
Except for the fact that they smell like it.
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