In the Klaipėda District Chamber of the Klaipėda District Court, an administrative offense case was examined according to the applicant’s EM complaint regarding the administration of the Klaipėda District Municipality in 2023. July 21 of the adopted resolution.
Klaipėda District Municipality Administration in 2023 July 21 by resolution, the EM imposed a fine of 30 euros for a misdemeanor, when waste management rules were violated.
He threw a plastic sprayer into the container
Table of Contents
- 1 He threw a plastic sprayer into the container
- 2 Municipality: “The waste was not properly sorted”
- 3 Court: “The man was punished because he followed the rules”
- 4 Management guidelines are clear and accessible to residents.
- 5 – What prompted the Klaipėda District Court to intervene in the fine imposed for throwing away a plastic sprayer?
Table of Contents
The man received a fine when he threw an 8-liter plastic sprayer into the plastic, metal, and paper packaging waste container in April.
In this way, EM did not follow the 2017 decision of the Klaipėda District Municipal Council. December 21, by decision no. T11-402 of the requirement of Clause 23.5 of the Municipal Waste Management Rules of the Klaipėda District Municipality, which states that “Use containers and use them only according to their intended purpose, keep instructions for the use and sorting of containers and put only the waste for which these containers are intended” into the containers. In point 23.16 of the requirement, which states that it is mandatory to “Comply with the obligations set out in the Rules and other legal acts”.
The man explained to the court that he did not understand what he was punished for
The applicant submitted a complaint to the court regarding this decision, in which he stated that it was completely unclear and incomprehensible from the adopted decision what exactly he had violated. He received a waste container from the municipality with the inscription “plastic, metal, paper” on it, with the inscription “we sort” below. So, as indicated on the waste container itself, it was plastic – a plastic container (sprayer) – that was thrown into the said waste container.
Municipality: “The waste was not properly sorted”
In response to the complaint, the administration of the municipality of Klaipėda district stated that it does not agree with the complaint, stated that in 2023 April 13 Klaipėda District Municipal Corporation “Gargždų švara” carried out a targeted inspection of “Plastic, metal, paper packaging” containers and in 2023. April 13 it was recorded that an orange 8-liter sprayer with additional mechanisms attached to it (rubber hose, material belt – handle, metal parts) was thrown into the above-mentioned container.
Aurelijos Jašinskienė/15min.lt photo/Klaipėda district court
In the circumstances recorded during the inspection, it was found that the device used for spraying (sprayer), which is reusable and intended for treatment with chemical substances, was thrown into a plastic packaging container and was disposed of improperly. Due to improperly sorted container contents, the container was not emptied. The device used for spraying is not included in the packaging and cannot be disposed of in the plastic packaging waste container.
Court: “The man was punished because he followed the rules”
The court, after evaluating the data in the case, decided that the EM did not commit the administrative offense provided for in Article 361, Part 1 of the Civil Code, since it has not been established what exactly the Klaipėda District Municipal Council did in 2017. December 21, by decision no. T11-402 violated the requirements of Clause 23.5 of the Municipal Waste Management Rules of the Klaipėda District Municipality. When putting plastic into the designated container, EM was guided by the information provided in Appendix 1 of the Regulations, although VšĮ “Gargždų švara” stated in its report that Appendix 1 of the Regulations is informative and does not determine the final list of waste. It can be concluded that the EM was punished for following the Rules, and both the Institution and when providing information to VšĮ “Gargždų švara” did not indicate which rules were violated and how the fact of the violation was established.
The court, having assessed all of the stated circumstances, satisfied the applicant’s EM complaint, the Klaipėda district municipality administration in July 31 annulled the resolution and the law of administrative offense in accordance with Article 367 paragraph 1 of the ANC in relation to EM terminated.
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2024-09-16 04:23:34
Management guidelines are clear and accessible to residents.
Court Overturns Fine for Man Who Threw Plastic Sprayer into Recycling Bin
In a surprising turn of events, the Klaipėda District Court has overturned a fine imposed on a man who threw an 8-liter plastic sprayer into a recycling bin. The man, who was fined 30 euros by the Klaipėda District Municipality Administration, had appealed the decision, arguing that he had not committed an administrative offense.
The Incident
The incident occurred in April 2023, when the man threw the plastic sprayer into a container marked “plastic, metal, paper” in the Klaipėda district. The municipality’s waste management rules state that residents must use containers only for their intended purpose and sort waste correctly. However, the man claimed that he did not understand what he had done wrong, as the container had a sign that said “we sort” and included plastic as one of the accepted materials.
Municipality’s Response
In response to the man’s appeal, the Klaipėda District Municipality Administration argued that the waste was not properly sorted and that the sprayer did not belong in the plastic recycling bin. The administration claimed that the device was reusable and intended for treatment with chemical substances, and therefore should not have been disposed of in a plastic packaging waste container.
Court’s Decision
However, the court disagreed with the municipality’s argument, stating that the man had followed the rules and guidelines provided by the municipality. The court noted that the man had put the plastic sprayer into the designated container, as indicated on the waste container itself. The court also pointed out that the institution had not indicated which rules were violated and how the fact of the violation was established.
Consequences
As a result, the court satisfied the man’s complaint, annulled the resolution, and terminated the administrative offense proceedings. The court’s decision serves as a reminder to municipalities to ensure that their waste
– What prompted the Klaipėda District Court to intervene in the fine imposed for throwing away a plastic sprayer?
Unfair Fine for Throwing Away Plastic Sprayer: Klaipėda District Court Intervenes
In a peculiar administrative offense case, the Klaipėda District Court has examined a complaint regarding the administration of the Klaipėda District Municipality. The case revolves around a 30-euro fine imposed on a resident for throwing away an 8-liter plastic sprayer into a waste container designated for plastic, metal, and paper packaging.
The Incident
In April, the individual in question deposited the plastic sprayer into the designated waste container, only to be fined 30 euros for violating waste management rules. The Klaipėda District Municipality Administration claimed that the waste was not properly sorted, leading to the fine.
The Controversy
However, the individual argues that they followed the rules and did not understand what they were being punished for. The waste container provided by the municipality had the inscription “plastic, metal, paper” on it, with the slogan “we sort” below. The individual reasonably assumed that the plastic sprayer could be deposited into the container.
Court’s Verdict
The Klaipėda District Court has intervened in the case, questioning the municipality’s decision to fine the individual. The court has pointed out that the waste management guidelines are clear and accessible to residents, and the individual had followed the rules.
Municipality’s Defense
In response to the complaint, the Klaipėda District Municipality Administration has claimed that the waste was not properly sorted, citing a targeted inspection carried out by the Klaipėda District Municipal Corporation “Gargždų švara” on April 13. However, the court remains unconvinced by the municipality’s defense.
The Consequences
This case highlights the importance of clear communication and guidelines in waste management. The Klaipėda District Court’s decision serves as a reminder that punitive measures should be fair and reasonable, taking into account the individual’s reasonable understanding of the rules.
Key Takeaways
The Klaipėda District Court has examined a complaint regarding the administration of the Klaipėda District Municipality.
A 30-euro fine was imposed on a resident for throwing away a plastic sprayer into a waste container.
* The individual argues that they followed the rules and did not understand what they were being punished for.
