Related to a certain confession, statute of limitations might have kicked in, but is anything illegal (such as littering, for example) about dumping a wild animal's carcass in Central Park?
asked Aug 6 at 0:31
Add a comment
|
2 Answers
Given that the confession involved a car, I'd suggest that this page about illegal dumping from the NYC Sanitation department might be a starting point:
Illegal Dumping
It's ILLEGAL to dispose of any type of material or debris by vehicle and dump it on any street, lot, park, public space – public or private.
But there is also this
Litter
It's illegal to leave trash on the sidewalk, in the street, or any other public space, or to throw it out building windows or vehicles.
-
3I would not be surprised if the definition of "trash" under the littering law excludes dead animals (nor would I be surprised if it includes them).– phoogCommented Aug 6 at 15:59
-
1@phoog why would it exclude dead animals? If I throw a dead racoon out the window of my car I'm still likely getting a ticket. Commented Aug 7 at 11:43
-
@ChellCPlus whether it excludes dead animals depends on the text of the definition. I don't know what the text is, but it could easily be too specific to include animal carcasses.– phoogCommented Aug 7 at 14:13
-
@phoog The link in this answer contains a definition of litter that specifically includes "carcasses of dead animals". Of course, definitions can differ by jurisdiction, but I expect it's typical.– BarmarCommented Aug 7 at 14:58
This seems to be a pretty clear violation of NY game laws.
(1) Any person who takes a bear must immediately fill out completely, using indelible ink, the bear carcass tag and cut out or mark with indelible ink the month and date of kill where printed along the edge of the carcass tag. The taker must also attach the bear carcass tag securely to the bear, except that the tag does not need to be attached while the bear is being dragged or physically carried by the taker to a camp or point where other transportation is available. It is unlawful for any person to remove the tag until the bear is prepared for consumption. Any person who takes a bear must report as specified in section 180.10 of this Title.
(2) It is unlawful for any person to transport or possess a bear without the bear tag attached to it. The carcass of a bear can be transported inside or outside any type of vehicle.
Not a lawyer, but I am a hunter in NY. I would have to look up exactly what it means to "take a bear" to see if that part applies -- I don't know if picking up roadkill counts. I suspect it doesn't, as the bear was found dead.
Transporting a bear without a tag, though, is not legal in NY regardless of how the bear was taken or found.
When RFK related the story, he said that he could have gotten a tag. He never said that he did get a tag. I don't believe that he did. If he did, it would have been unlawful to remove it when he dropped it off in Central Park. The bear was found without tags, or it wouldn't have caused a mystery when it was found. Presumably, it was never tagged, or the tag was removed. If it was never tagged, that would be on RFK. I suppose it's possible that somebody encountered the bear in the park and removed the tag. In any case, game laws were clearly broken, but exactly how they were broken and by who might require some investigation.
So that's at least some of the relevant laws, but there's also the laws of nature, where messing with bear cubs is sort of like Russian Roulette, risking an encounter with mama bear.
-
2I think it's clear that he never got a tag. According to his recounting of the day, he skipped lots of steps because he was under time pressure.– BarmarCommented Aug 6 at 17:11
-
8@Barmer -- you don't drive to the office to purchase a tag. Tags come with your hunting license. Roadkills are tagged by officers on the scene. The right way to have done this during this century would have been to call a conservation officer or state troopers, either of which can write out a tag on the spot, for free. In this case, they very well might have said no, because of the mama bear danger. If this were easy, it would encourage illegal trophy seeking, with everybody with a bear in the car saying "I found it on the road". Commented Aug 6 at 17:26
-
1@Barmar -- I have a wonderful story about a friend who picked up a fresh roadkill deer in Ohio, tagged by an officer at the scene. When he knicked a part he shouldn't have while trying to gut out the animal, he went and knocked on his neighbor's door, covered in blood, saying "I need a hose, right now". Commented Aug 6 at 17:29
-
1@supercat -- the first paragraph concerning tagging actually says "... except that the tag does not need to be attached while the bear is being dragged or physically carried by the taker to a camp or point where other transportation is available", so I think that includes the exception you describe. Commented Aug 6 at 19:59
-
1@ScottSeidman: That doesn't seem to apply. One, it only applies to the "taker", which the person clearing the road is not. Two, clearing the road isn't carrying the bear to either a camp or onward transportation. Commented Aug 7 at 14:47