Well, if the train car window is open and the chewing gum is sucked out of your mouth by sheer force of the venturi vortex effect, it wouldn't be littering, nor would it be expectorating, leastwise not intentionally, so were I the garbage warden, I would rule against fining. Although I would wonder exactly how slack jawed the accused may be in real life.
Hmmmm. Things falling from the sky. Well, we do have an annoying population of rock pigeons and what they drop, no human should be forced to experience. But they are merely "natural" excremental experiences so they don't count. The flying litter thing ... good question. I believe our City fathers have avoided this issue by shipping our waste out to other places so that such eventualityy does not occur. As for falling bits of buildings ... well, usually, those things end up as forensic evidence in as much as the pedestrians below don't take kindly to being maimed or killed and our litigation happy society slaps law suits on people pretty much in willy nilly fashion.
On the other hand, if one decided to start a gum chew before exiting the house well knowing that he would be finished with the chewing before returning home, I would question the intent, the scienter as it were of that gum chewer. Does it not imply that he had an intent of making use of the public garbage receptacle system for something that deservedly should have been disposed of at home? Is this not abuse subject to fining?
Practically speaking, the occasional abuser isn't meant to be caught but do understand that in a City like New York where there is a considerably high density of residents, what one gets away with "on occasion" quickly becomes what everyone does very regularly because "he" got away with it. So, yes, our sanitation department is rather militant about public garbage can abusers.
When they go on strike, you should see how quickly everything piles up. It is, to say the least, sinus numbing.
Edited by - Indy11 on 3/10/2006 10:03:36 AM