“Rights”, yes, Dave. But along with rights go responsibilities. And one of those is to know the law as it applies to you. The City, of course, needs to make clear the Code as it applies to Stewart Park (signage). But that doesn’t excuse ignoring the law - especially where firearms are concerned.
Bob McGuire On Nov 13, 2015, at 4:30 PM, David Diaz <dmdia...@hotmail.com> wrote: > My guess is that these hunters thought they were conducting themselves in a > manner consistent with NYSDEC regs, meaning that they have the right to > waterfowl hunt on Cayuga Lake as long they don't fire in the direction of a > dwelling that's less than 500' away (among other things). > > They also may have been relying on the law that makes it illegal to harass > anyone that's hunting according to regulations. They may have also been > unaware of the local ordinance that prohibits even the carrying of a firearm > within Stewart Park. Generally you can access public waters via public access > in NYS however municipalities may have more strict laws in place...something > a hunter is supposed to research and abide by. > > If they had accessed the lake somewhere else they would have legally been > able to hunt waterfowl just offshore from Stewart Park. I'm pretty sure > about that but could be missing something. > > I wasn't there but I can see how the confusion could happen especially if > hunters are given incorrect info by local law enforcement. It's also possible > they knew the local ordinance but ignored it. Can't know for sure. > Conflicts are sure to arise on occasion between hunters and other users. All > have rights. > > David Diaz > Trumansburg, NY > > On Nov 12, 2015, at 11:06 PM, Dave Nutter <nutter.d...@mac.com> wrote: > >> This afternoon I was enjoying Stewart Park - the Cayuga Waterfront Trail, >> the Fuertes Sanctuary (swan pond), the birds on the lake - as I often do. As >> I walked clockwise around the pond and came out from the Fuertes Sanctuary >> path near the lakeshore and toward the park road, I came face to face with 3 >> guys carrying guns and dragging a small boat. I took a couple photos on my >> phone (I've been practicing lately, but they weren't very good) and I told >> them they weren't allowed to have guns in Stewart Park. They said lots of >> law enforcement agencies had been called on them before, which sort of >> contradicts what they also said about me being the only one who has given >> them a problem, and they were told it was okay if the guns weren't loaded. I >> said the ban was in the City Code, and maybe those police hadn't read that >> part. They were skeptical. They said they'd seen guys walk right out and >> shoot waterfowl from Stewart Park. I said I would've tried to stop those >> guys, too. They didn't want to leave, but seemed to think that having >> police, who had agreed with them before, resolve the issue would get me out >> of their hair. So I called 911 and explained the situation. The guys in camo >> agreed to wait for the cops, although meanwhile they did put their guns back >> in their pick-up trucks. That was nice, since kids were arriving next to >> them for rowing practice at the Cascadilla Boathouse, although I think the >> kids were unaware of what was going on. Also I was pretty uncomfortable >> confronting people with guns while waiting for police (also with guns) to >> tell me I was wrong. The guys asked me if I had been waiting for them. I >> said, no, I was just here a lot. A short while later IPD showed up in the >> form of a friendly woman who was smaller than the smallest of the 3 guys, >> and a lot smaller than the largest, who was considerably bigger than me. She >> seemed inclined to let them proceed, then took my ID info, and said I could >> leave. I didn't say that I had been enjoying the park and intended to >> continue. Instead I said I'd like to stay for the outcome, that I thought >> guns were banned in Stewart Park by the City Code, and if that's the case >> I'd like to see it enforced. She said she had to look it up, then took the >> guys' IDs, and got back in her cruiser to consult her computer monitor. >> Another IPD officer, a man, pulled up, got out, and stood by her window, not >> talking to me or the gun guys. After awhile she came out, gave the guys back >> their IDs and told them they had to go. I didn't hear their whole >> conversation but she gestured toward the boat ramp at Treman and they nodded >> and said they wouldn't park here anymore, although I bet they'll set up >> within conversational distance of the path around Fuertes. She then came >> over to me and repeatd their story of being told before that what they were >> doing was okay. I think that was my opportunity to insist they be ticketed, >> but I didn't. I thanked the officer for looking up the law, but she credited >> the other officer. After the cops drove off, the leader of the guys, the big >> one, said I had won today, but if this happened again they'd call the cops >> on me for harassing them. I asked, if what happens? No answer to that. >> >> So it has been established, at least among six people, that you are not >> allowed to bring your gun into Stewart Park, not even if you plan to shoot >> the ducks and geese. I wish I had also asked the officers to look up the >> boundaries of Stewart Park in the City Code, because Stewart Park extends >> north to the City Limit, which is a considerable distance out in the lake. >> >> A lot of Buffleheads went about their business. >> >> If you see a maroon Ford pickup 71642 KA or a dark gray Silverado pickup GTL >> 7095 parked in Stewart Park while there are gunners in camo standing in the >> water nearby, perhaps with a small boat for their stuff, you can ask IPD to >> talk to them about whterh they brought their guns through the park after >> being told not to. >> --Dave Nutter >> >> -- >> Cayugabirds-L List Info: >> Welcome and Basics >> Rules and Information >> Subscribe, Configuration and Leave >> Archives: >> The Mail Archive >> Surfbirds >> BirdingOnThe.Net >> Please submit your observations to eBird! >> -- > -- > Cayugabirds-L List Info: > Welcome and Basics > Rules and Information > Subscribe, Configuration and Leave > Archives: > The Mail Archive > Surfbirds > BirdingOnThe.Net > Please submit your observations to eBird! > -- -- Cayugabirds-L List Info: http://www.NortheastBirding.com/CayugabirdsWELCOME http://www.NortheastBirding.com/CayugabirdsRULES http://www.NortheastBirding.com/CayugabirdsSubscribeConfigurationLeave.htm ARCHIVES: 1) http://www.mail-archive.com/cayugabirds-l@cornell.edu/maillist.html 2) http://www.surfbirds.com/birdingmail/Group/Cayugabirds 3) http://birdingonthe.net/mailinglists/CAYU.html Please submit your observations to eBird: http://ebird.org/content/ebird/ --
