heywood on 2/6/2015 at 14:40
Quote Posted by bjack
Medlar, at least the city "instructed" the cops to lay off this guy (as well as any others that wish to stack rocks). It sounds to be that one particular cop is pissed off that people can smoke weed legally now. He was just itching to bust this "hippy" for something. Well, the cop was put back in his place and all is well in rock stacking land. They didn't say anything about turtle stacking though. Geisel is dead now, so I can't ask him either.
I'm as pissed as anybody about the out of control police forces in this country, but now that the story has become clearer I don't blame the cop.
From the Denver Post:
(
http://www.denverpost.com/news/ci_28213966/boulder-has-not-declared-rock-stacking-illegal-city?source=most_viewed) http://www.denverpost.com/news/ci_28213966/boulder-has-not-declared-rock-stacking-illegal-city?source=most_viewed
Quote Posted by Denver Post
Boulder City Attorney Tom Carr also has sent letters of response to people who have been inquiring about the city's policy on rock-stacking.
"This situation arose out of legitimate concerns regarding the effect rock-stacking has on the natural state of Boulder Creek," Carr wrote. "An officer issued a warning, having been informed by my office that it would be possible to prosecute under two sections of the Boulder Code. On Tuesday, I reviewed those sections and decided that prosecution would not be possible.
"I asked the police not to cite anyone for stacking rocks and called the person in question and provided him with the same information on May 26.
"Any news report that you may have seen to the contrary was inaccurate."
Several online sites this week wrote about Grab's Facebook comments, with headlines such as "Boulder cops declare ‘rock stacking' a jailable offense to stop local artist who spent 7 years creating sculptures" and "Place a rock on top of another rock, go to jail: Boulder cops."
The city ordinance against rolling or throwing rocks on public property indicates that, "No person shall roll, throw or otherwise move any rocks or boulders on any public property."
The ordinance against damaging public property does not allow any person to "damage, move, remove, destroy, drill a hole in, dig, or injure in any manner whatsoever any grass, tree, shrub, plant, flower, soil, rock, or other natural object, railing, bridge, culvert, sign, building, equipment, bolt, archaeological, historic, or cultural object or any other property whatsoever belonging to the city or under the possession and control of the city."
From the above and similar articles, I gather that:
1. Stacking rocks in Boulder creek violates the local code as written above.
2. The ordinances are presumably intended to prevent vandalism, so the cops contacted the city attorney's office for guidance, and someone in the city attorney's office suggested it could be prosecuted.
3. Based on that guidance, a cop warned the rock artist but did not issue a citation.
4. The artist hyped it up on his Facebook page and it went viral.
5. The city attorney reconsidered and presumably decided to make an exception of sorts because the rock stacking was done as "art" rather then vandalism. Either that, or he and his superiors just wanted to avoid a PR backlash.
It's hard for me to rant against the cops in this case.