More bikepath garden thefts

[veronique4.livejournal.com]

Two more plants lifted from the gardens--a lavender plant and a poppy plant (total out of my pocket about $12). Also, last night someone came along (between 5 pm and 10 pm and cut about 60 poppies from the large patch that my gardening partner went to great lengths this summer to cultivate. Red, pink, yellow, and white poppies were cut; the orange were left. How bizarre. People have been loving those poppies--especially kids.

Please take pictures if you see anyone stealing plants or messing around in the gardens at odd hours. It's a violation of the entire community that enjoys these gardens each day.

Am ready to give up. Just can't deal with these petty thieves anymore.

Comments

Som far, all I can find in the laws...

[turil.livejournal.com]

Is that you can't harm trees, specifically. Or wild azaleas...

CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 116A. Protection of certain flowers

Section 116A. No person shall pull up or dig up the plant of a wild azalea, wild orchid or cardinal flower (lobelia cardinalis), or any part thereof, or injure any such plant or any part thereof except in so far as is reasonably necessary in procuring the flower therefrom, within the limits of any state highway or any other public way or place, or upon the land of another person without written authority from him, and no person shall buy or sell, or offer or expose for sale, any such flower, or the whole or any part of the plant thereof, knowing, or having reasonable cause to believe, that in procuring such flower or plant the foregoing provisions have been violated. Violation of any provision of this section shall be punished by a fine of not more than five dollars.

On private property it's pretty clear:

CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 113. Timber, wood and shrubs; wilful cutting and destruction on land of another

Section 113. Whoever wilfully cuts down or destroys timber or wood standing or growing on the land of another, or carries away any kind of timber or wood cut down or lying on such land, or digs up or carries away stone, ore, gravel, clay, sand, turf or mould from such land, or roots, nuts, berries, grapes or fruit of any kind or any plant there being, or cuts down or carries away sedge, grass, hay or any kind of corn, standing, growing or being on such land, or cuts or takes therefrom any ferns, flowers or shrubs, or carries away from a wharf or landing place any goods in which he has no interest or property, without the license of the owner thereof, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars; and if the offence is committed on Sunday, or in disguise, or secretly in the night time, the imprisonment shall not be for less than five days nor the fine less than five dollars.

*giggle* So, it pays to do your plant theft on Sundays, wearing a gorilla costume, secretly in the night. That's a 100% discount for being creatively clandestine on the Lord's day. :-)

The law is indeed odd.

Also, it's not clear that this second one applies to public property. It probably doesn't, since public property laws are specifically covered in other sections.

But who knows...

Re: So far, all I can find in the laws...

[turil.livejournal.com]

Also, note that the law says that you can, specifically, PICK the the orchid, azalea, and cardinal flowers on public property. You just can't take the whole plant.

So, perhaps picking the poppies is legal, but taking the whole damned lavender plant isn't.

Re: Som far, all I can find in the laws...

[nvidia99999.livejournal.com]

What? The penalty is more sever if you do it on Sunday or at night? That is whacked.

It's not actually clear.

[turil.livejournal.com]

The penalty for normal, daytime wild orchid theft (lady slippers included) is a maximum of $500. While the penalty for clandestine anti-Christian wild orchid theft is a minimum of $5. Which sort of means nothing. Other than it seems that you could get away with the orchids scott free as long as you do it openly, and the judge is your buddy, but if you are sneaky, the judge is forced to fine you at least $5.