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‘Scrapper’ denies second charge of unauthorized trash removal

The “scrapper,” who won his legal battle against the Town of Tonawanda in February, was again issued a citation for unauthorized removal of trash – this time in the Village of Kenmore.

Don DalFonso, who appeared Tuesday in Village Court to dispute the claim, denies the charge and said police are again singling him out.

Judge Scott F. Riordan issued a not-guilty plea on DalFonso’s behalf. A trial date is scheduled for 4 p.m. Aug. 15.

In October, DalFonso was issued a citation in Tonawanda for “interference with waste material set out for collection” after picking through garbage set out on the curb. At the time, DalFonso called the law “a joke.”

The case was tossed out in February after the prosecutor discovered there was a discrepancy about where the violation occurred. When the judge in the Tonawanda case addressed DalFanso in February, he made clear there was no constitutional basis for dismissing the case.

For the most recent charge, DalFonso said he was driving on Somerton Avenue in Kenmore when police pulled him over and issued the citation. Police told DalFonso that a resident complained about him rifling through their trash, DalFonso said. DalFonso insists otherwise.

“It’s crazy. Totally crazy,” he said. “I’m getting harassed for something I didn’t do.”

DalFonso plans to fight the current charge, though he does not have an attorney. He was provided contact information for assigned counsel in court Tuesday, but Riordan called the likelihood of having an attorney assigned to him for a violation of this nature unlikely.