Niagara Gazette

Local News

January 14, 2013

Scrapper's case to go to trial in Tonawanda

(Continued)

Niagara Gazette — "He just feels like this is unfair," Nelson said. "This is how he makes his livelihood. He wants to be heard."

Dalfonso said there are a handful of other regular garbage pickers who visit the town, but said they aren't being issued tickets like he is.

"Other people aren't being singled out like I am," Dalfonso said. 

But Lt. Nick Bado said 49 tickets have been issued for violating the ordinance since 2004, so it isn't exactly a rare occurrence. 

Bado said the officer on duty has the discretion as to whether to issue a warning or a ticket, and that there isn't one exact policy for him or her to follow. 

"An officer can give a warning if he wants," Bado said. "Each of these situations is unique in and of itself, and each case has its own individual circumstances." 

The bench trial is scheduled for Feb. 6. 

Dalfonso is not entitled to a jury trial, as he is only accused of violating an ordinance, not a criminal law.

Penalties in the town, as well as other cities, have included fines of $50 or more. 

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