Question: I was driving on the highway towards Mount Sterling when I saw three dead deer heads in a row – they were actually female deer or does – left on the side of the road. Is this some weird hunting ritual and is it legal?

Answer: The director of the Kentucky division of wildlife says that a person could be charged with criminal littering if they were caught discarding animal body parts, called offal, on state roadways. This behavior is not legal and is not a hunting ritual – it is criminal mischief.

According to the director, these state laws cover littering – one in general and another statute covering littering on highways.

512.070 Criminal littering: A person is guilty of criminal littering when he:
(1)(a) Drops or permits to drop on a highway any destructive or injurious material and does not immediately remove it; (b) Knowingly places or throws litter on any public or private property or in any public or private water without permission; (c) Negligently places or throws glass or other dangerous pointed or edged substances on or adjacent to water to which the public has access for swimming or wading or on or within fifty (50) feet of a public highway; (d) Discharges sewage, minerals, oil products, or litter into any public waters or lakes within the state.

(2) Criminal littering is a Class A misdemeanor.

(3) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the

citation and if the littering offense is not combined with an offense that is not

prepayable.

Effective: July 15, 2002History: Amended 2002 Ky. Acts ch. 342, sec. 10, effective July 15, 2002. — Amended1982 Ky. Acts ch. 145, sec. 1, effective July 15, 1982. — Created 1974 Ky. Actsch. 406, sec. 111, effective January 1, 1975.  433.753 Criminal littering on public highway — Rewards for information.

433.753 Criminal littering on public highway — Rewards for information.

(1) When any paper, waste material, litter, or other refuse is thrown or dropped from a

motor vehicle, the operator thereof shall be deemed prima facie to be guilty of

criminal littering.

(2) It shall be the duty of the Department of Kentucky State Police, county sheriffs and

police officers, solid waste coordinators appointed by a county or waste

management district, city police officers, and all other law enforcement and peace

officers within their respective jurisdictions, to enforce the criminal littering laws

and the provisions of KRS 224.40-100.

(3) Any city or county may offer and pay rewards for the giving of information leading

to the arrest and conviction of any person, firm, or corporation for commission of

the offense of criminal littering.

(4) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the

citation and if the littering offense is not combined with an offense that is not

prepayable.

Effective: June 26, 2007History: Amended 2007 Ky. Acts ch. 85, sec. 316, effective June 26, 2007. — Amended2002 Ky. Acts ch. 342, sec. 8, effective July 15, 2002. — Amended 1974 Ky. Actsch. 406, sec. 332. — Created 1966 Ky. Acts ch. 23, sec. 77. 

Linda Niemi

 

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