2. "Defacing" means any unnecessary act of substantially marring any surface or place, by any means, or any act of putting up, affixing, fastening, printing, or painting any notice upon any structure, without permission from the owner.

3. "Litter" includes any rubbish, refuse, waste material, offal, paper, glass, cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead animals, or any foreign substance of whatever kind or description, including junked or abandoned vehicles, whether or not any of these items are of value.

4. "Property of another" means property in which any person other than the defendant has an interest, including community property and other property in which the defendant also has an interest.

6. "Utility" means any enterprise, public or private, which provides gas, electric, steam, water, sewer or communications services, as well as any common carrier on land, rail, sea or air.

Tsegi Mike and Desert Viking

Till a voice, as bad as Conscience, rang interminable changes
On one everlasting Whisper day and night repeated -- so:
"Something hidden. Go and find it. Go and look behind the Ranges --
"Something lost behind the Ranges. Lost and waiting for you. Go!"

Rudyard Kipling , The Explorer 1898

I agree.

Reading what Regan has posted, a geocache does not seem to fall in any category
... though "litter" would need a definition.

=
Richard Hansen
________________________________________
From: az-geocaching-bounces@listserv.azgeocaching.com
[az-geocaching-bounces@listserv.azgeocaching.com] On Behalf Of Randy Kinkel
[ark45@cox.net]
Sent: Monday, November 17, 2008 4:03 PM
To: listserv@azgeocaching.com
Subject: Re: [Az-Geocaching] Another cache bites the dust

most caches do not fit the "destructive or injurious material" test.
IMO. but I'm no lawyer.

mozartman
----- Original Message -----
From: Regan Smith<mailto:evilfish@cox.net>
To: listserv@azgeocaching.com<mailto:listserv@azgeocaching.com>
Sent: Monday, November 17, 2008 3:52 PM
Subject: Re: [Az-Geocaching] Another cache bites the dust

13-1603. Criminal littering or polluting; classification

A. A person commits criminal littering or polluting if such person without
lawful authority does any of the following:

1. Throws, places, drops or permits to be dropped on public property or
property of another which is not a lawful dump any litter, destructive or
injurious material which he does not immediately remove.

2. Discharges or permits to be discharged any sewage, oil products or other
harmful substances into any waters or onto any shorelines within the state.

3. Dumps any earth, soil, stones, ores or minerals on any land.

B. Criminal littering or polluting is punished as follows:

1. A class 6 felony if a knowing violation of subsection A in which the amount
of litter or other prohibited material or substance exceeds three hundred pounds
in weight or one hundred cubic feet in volume or is done in any quantity for a
commercial purpose.

2. A class 1 misdemeanor if the act is not punishable under paragraph 1 of this
subsection and involves placing any destructive or injurious material on or
within fifty feet of a highway, beach or shoreline of any body of water used by
the public.

3. A class 2 misdemeanor if not punishable under paragraph 1 or 2 of this
subsection.

Jim Scotti wrote:

So, has anyone looked up the A.R.S. code listed on the stickers? I'd be
curious to hear what it has to say exactly and how it might be interpretted
in these two cases.

Jim.

On Mon, 17 Nov 2008, Gale wrote:

Link to cache log

Looks like the geocaching cop/pirate has hit another cache, this one in
Mesa.

I do not think its real cops. Anyone with real authority would have gone
directly to geocaching website and contacted them. This is just someone who
printed up stickers and is throwing his or her weight around. Anyone have
legal training or knows a lawyer? Perhaps we can get a legal opinion on
this.

Gale aka Desert Viking

I'm not normally a religious man, but if you're up there, save me,
Superman! - Homer Simpson
----------
Jim Scotti
Lunar & Planetary Laboratory
University of Arizona
Tucson, AZ 85721 USA http://www.lpl.arizona.edu/~jscotti/
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