Warning: Removal of This Chalk is a Class B Felony and Carries a Prison Sentence of More Than a Year

Chalkontires

Today I was made aware from KPD Officer Jason Short that removing the chalk that the parking enforcement officers put on a parked vehicle’s tires is a class b felony. I was given a piece of paper, pictures below, with the applicable RSA.

A class b felony in New Hampshire is a crime for which the maximum penalty, exclusive of fine, is imprisonment in excess of one year but not in excess of 7 years. Examples of other class b felonies include: an aggravated DWI causing a collision resulting in serious bodily injury, robbery (involving force or threat of force), (some) theft, second degree assault (knowingly or recklessly causing serious bodily injury to another). Should the removal of chalk be included in this list?

 

The logic appears to be that an investigation is being initiated when the chalk is applied to the tires. By removing the chalk, a person is interfering with the investigation by destroying evidence. I don’t feel that removing some chalk warrants such a charge since there is no damage done to the property by the removal, a true investigation by a parking enforcer would gather more data (license plate number, the exact time, a picture of the car, make/model, etc), and it is possible that a vehicle could move to another spot and still have the chalk on the tire and be ticketed.

 

In my opinion, this reaction by the city of Keene is the first real evidence that Robin Hood of Keene is having a significant impact helping the general public keep their money for doing something that should not be considered a violation (parking their cars).

 

The paper I was given:

Chalk Felony RSA 1 Chalk Felony RSA 2

  • http://www.facebook.com/andrea.mathews.7 Andrea Mathews

    Question, what is the chalk for? Also, what is the penalty for drawing on my car without my permission?

    • MaineShark

      It’s so they can tell if you’ve been parked there for more than a certain span of time – if they mark all the cars in a particular area at a particular time, then come back later, and see any marked tires, they know those cars were there for the whole amount of time, so they ticket them for having been parked in excess of the time posted on the sign (eg, “2 hour maximum”).

      I’d be interested to see any caselaw on the subject. As you noted, they are tampering with someone’s vehicle, and I would tend to think that they are doing so illegally.

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  • http://www.facebook.com/smegmclain Smeg McLain

    everyone in keene should do lovely chalk drawings on the sides of their tires everyday :P

    • Guest

      and everyone should write “we support the Robin of Keene!” boldly on all 4 tires and also write freekeene.com
      =o)

    • Guest

      oops forgot Hood!

    • Guest

      if you have an older car, write “We Support the Robin Hood of Keene!” in big letters across the whole side of your car in spray paint

  • Scott

    Thank you for sharing with us what you feel an investigation should include but I feel the training provided to the person conducting said investigation makes them more informed than you of the information they are required to obtain at that time. I am sure as the investigation continued, they would acquire the information you cited at the necessary time.

    Also, I feel it should be pointed out how polite Officer Short was. He treated you with a considerable amount of respect, and should be commended for that.

    • MaineShark

      Conducting an investigation where there is no evidence of a crime could be considered as a major violation of the law.

      I hardly think that the opinion of the individual involved in the commission of that alleged crime is capable of offering an unbiased opinion on his own potentially-criminal conduct.

    • Scott

      So without evidence of wrong doing, law enforcement should not participate in an investigation of a missing person, or a single car accident.

      What major law does this violate? I know you are probably going to cite the 4th amendment, but there does not appear to be a search OR seizure.

    • MaineShark

      Maybe you should go read the statutes involved.

    • Scott

      Could you provide a link to the statutes you are citing that makes conducting an investigation a “major violation of the law?” I would like to read them.

    • MaineShark

      I think you should read up on the legal definition of “investigation,” and what they are and are not allowed to do in one.

  • http://www.facebook.com/fst.sqr Fst Sqr

    Keene Underbosses are losing revenue!, feeling Robin Hoods heat.

    Good job Robin Hoods, keep pressure on these racketeers.

  • http://www.facebook.com/people/Chris-Case/100000387888930 Chris Case

    You are a charged with vandalism when you use chalk on public property, but when the state does the same thing to your private property it’s not vandalism?! Maybe the fire department can be called to remove the chalk from your tire!

    Wait. That’s Manchester and the Federal building in Concord, Not Keene.

  • http://www.facebook.com/fst.sqr Fst Sqr

    Jim: “What are you in for Bob?”

    Bob: “I killed a Praying Mantis Jim, What are you in for Sue?”

    Sue “My fence was higher than 5 feet Bob, What are you in for Jim?”

    Jim: “I wiped off some chalk put on by the Keene Underbosses Sue”

  • Guest

    1 Timothy 6:10 – For the love of money is a root of all kinds of evil. Some have been led astray from the faith in their greed, and have pierced themselves through with many sorrows.

  • Jeremy C. Green

    Ah yes. Good old RSA 641:6. That’s the same law that makes it a felony to remove a GPS tracking device the police secretly attach to your car.

    • http://www.facebook.com/people/Ronald-Reed/100003330363007 Ronald Reed

      Wait, do you mean you can not remove a secretly placed GPS transmitter? Where do you poor folks live and better yet what is the dominate political party, look to the political party in charge for answers as to why you are forced to live under this tyranny…

  • http://twitter.com/SnowDog2003 Snowdog

    If a parking violation is a crime, and therefore the investigation of such a crime is made a felony, then why do they send the parking ticket to the car owner, and not the person who committed the crime — the driver?

    The whole setup is flawed.

  • http://twitter.com/SnowDog2003 Snowdog

    What if instead of removing tire marks, you make several more?

    • Scott

      That would be a violation of RSA 641:6 and would be a Class B felony.

  • http://www.facebook.com/fst.sqr Fst Sqr

    Listen to 0:25 of the video closely.

    Keene Underbosses say they “hear” rumors but dont “know” because they have never actually seen anyone remove chalk.

    These are just intimidation tactics and have no basis in fact.

  • barnabbyss1

    So this is homo sapiens sapiens answer to amusical parking. Gee, what’s the matter with leaving the cars on the outskirts and riding a bike or take the bus? What, NH has a bus?

  • Chas

    http://www.newmarketnh.gov/content/view/74/115/

    Seems there is such an ordinance on the books in Newmarket NH. However, it is just that, an ordinance, and not a law. You “can be” arrested for breaking a law, you can not be arrested for breaking an ordinance. You can however be fined for breaking an ordinance, if that fine is already defined in the ordinance.