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HomeMy WebLinkAboutNS ORD-2002-001 Orange County Hunting Ordinance©~Q•0 aUDZ -- o~ ~-~C_ao~z . rf' a. ORDINANCE REGULATING HUNTING AND FISHING IN ORANGE COUNTY WHEREAS, the County of Orange is authorized to adopt an ordinance regulating the hunting and fishing on private lands pursuant to Chapter 246 of the 1991 Session Laws of North Carolina; and WHEREAS, the County of Orange is authorized to adopt an ordinance regulating hunting with firearms by persons under the influence of alcohol or other impairing substances pursuant to Session Law 2001-165 of North Carolina; and WHEREAS, the County of Orange is authorized to adopt an ordinance regulating hunting within 150 yards of any federal, State or local government building, including those owned or leased by boards of education, pursuant to Session Law 2001-165 of North Carolina; and WHEREAS, a problem has developed within the County of Orange of individuals hunting and fishing on lands of others without the permission of and against the wishes of the owners or lessees of the property; and WHEREAS, problems have developed within the County of Orange involving hunting with firearms by persons under the influence of alcohol or other impairing substances and hunting in close proximity to government buildings. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE ORDAINS: 1 1. It shall be and is hereby made unlawful to enter upon posted private lands or waters of another to hunt or fish or with the intent to hunt or fish without the written permission of the owner or lessee of said without the written permission of the owner or lessee of said land or water. For purposes of this Ordinance, the right of way of all North Carolina secondary roads and all private roads shall be considered the private property of the property owners adjoining the secondary road or the private road. Unless it otherwise appears by clear markings on the roadway, the center ok the roadway shall be considered the property line of property owners adjoining the secondary road or private road. 2. For purposes of this Ordinance, lands or waters which are posted are those which are posted in accordance with G.S. 14-159.7. Notices, signs, or posters shall measure not less that 120 square inches and shall be conspicuously post on private land not more than 200 yards apart, close to and along the boundaries. At least one such notice, sign, or poster shall be posted on each side of such land and one at each corner thereof provided that said corner can be reasonably ascertained. Posting of private land located within the right of way of secondary roads and private roads shall be deemed adequate if the signs posted are located along the right of way of a property owner whose property adjoins a secondary road or private road. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake or pond, it shall only be necessary that the signs, notices or posters be posted along the stream or shoreline of a pond or lake at intervals of not more than 200 yards apart. 2 3. No person shall mutilate, destroy or take down any "posted," "no hunting," "no fishing" or similar notice, sign or poster on the lands or waters. No person shall post such sign or poster on the lands or waters of another without the consent of the owner. 4. The document granting written permission required by paragraph 1 of this Ordinance shall state the date the permission is granted, the person granted permission and the owner or lessee of the land. It shall be signed by the property owner or lessee granting permission. The permission shall be valid for the period of time stated in the document or if no time period is stated, for a period of one year from the date permission is granted. 5. The document granting written permission is required to be carried on the permitted person at all times when the person is on the property of another to hunt or fish or with the intent to hunt or fish. 6. If permission is granted to a hunt club to hunt, each member of the hunt club, upon entering the property for which permission has been granted to the hunt club to hunt or with the intent, to hunt, shall have in his or her possession a certification from the hunt club identifying him or her to be a current member of the hunt club. The hunt club shall maintain, at its principal. business office or in the home of its president or secretary, the written permission of the property owner permitting members of that club to hunt on the property. That written permission shall be available for inspection by the Sheriff of Orange County or any one of his deputies and by law enforcement officers Of the North Carolina Wildlife Resources Commission. 3 7. It is unlawful for any person to hunt with a firearm while that person is under the influence of alcohol or other impairing substance. As used in this paragraph, the term "to hunt" is defined in N.C. Gen. Stat. §§ 113-129 and 113-130. As used in this paragraph, an impairing substance is defined in N.C. Gen. Stat. § 20-4.01. 8. It is unlawful for any person to hunt with a firearm while that person has any blood alcohol concentration as measured by an alcosensor. As used in this paragraph, the term."to hunt" is defined in N.C. Gen. Stat. §§ 113-129 and 113-130. 9. It is unlawful for any person to hunt with a firearm or with a crossbow or bow and arrow within 150 yards of any federal, State, or local government building, including those owned or leased by boards of education. 10. Any person convicted of a violation of this Ordinance is guilty of a Class 3 misdemeanor and upon conviction shall be fined not more than Five Hundred Dollars ($500.00). Paragraphs 1 through 6 of this Ordinance are effective December 2, 1991. Paragraphs 7 through 10 of this Ordinance are effective January 16, 2002. 4 ..- o z.. This, the 16th day of January 2002. ` ~ ~ Commissioner Brown asked that a member of the Occaneechi Saponi Nation be represented as one of the speakers for February 1St VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Orange County Hunting Ordinance This item was presented so that citizens could make comments on a proposed amended Orange County hunting and fishing ordinance. John Link expressed appreciation for Commissioners Halkiotis and Jacobs for leading the discussion over the last year with regard to the amendments. Geoffrey Gledhill said that Orange County sought and received legislation to make it unlawful to hunt with a firearm under the influence of alcohol or other impairing substances; to hunt with a firearm while having any blood alcohol concentration as measured by an alcosensor; and to hunt within 150 yards of any federal, state, or local government building, including buildings owned or leased by boards of education. The ordinance implements the enabling legislation. The ordinance does not create new terms but uses the definitions that are included in existing laws. The last sentence in paragraph 8 is unnecessary for that paragraph because that paragraph does not speak about impairing substances but only about alcohol concentration measured by an alcosensor. He recommends that this sentence be taken out. Chair Jacobs said that they worked closely with the hunting community in putting this together. They continue to be surprised that the State of North Carolina does not have similar restrictions. Commissioner Halkiotis said that during the committee meetings, it was unanimous that firearms and alcohol do not mix. He thanked the Sheriff and his staff and the Wildlife Resource Officer for their involvement. Commissioner Brown verified that this ordinance does prohibit people from entering onto private lands that are posted. She also asked if the ordinance applies to the extraterritorial areas of the Towns. Geoffrey Gledhill said that it could upon resolution of the Towns to make it applicable within the Towns. Commissioner Halkiotis said that there was testimony received from a wildlife officer who came across a person in Orange County just a few feet from the Caswell County line drinking beer and carrying a firearm. This person knew exactly where the Orange County line and the Caswell County line was and did his drinking in Orange County. Public Comment Sandy Ray lives off of Orange Grove Road. She said that there is a hunt club nearby and recently two new homes were built close to the hunt club. These are her neighbors. The neighbors have told her that there has been a lot of gunfire around their homes. She said that the hunt club members are killing animals and not taking them. Even though her land is posted, they do hunt on her land. She asked if there are any rules in place for hunt clubs or for owners of property outside the County. Geoffrey Gledhill said that the laws regulating hunters apply to hunt clubs also. As far as shooting around your home, he suggested that Ms. Ray call the Wildlife Officer because it is against the law to hunt negligently. Ms. Ray asked what is the responsibility of any person who hunts and kills animals and if they have to remove the animals. Commissioner Halkiotis suggested that Ms. Ray call the Sheriff's office and talk with him about this concern. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS Commissioner Brown would like the ordinance to be passed on to the municipalities for their consideration with a letter from the Chair, specifically pointing out the extraterritorial jurisdiction issue. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt and authorize the Chair to sign the ordinance and forward it on to the municipalities with a letter from the Chair as suggested by Commissioner Brown. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Propertv Tax Refunds The Board approved one request for refund of property taxes totaling $565.47 in accordance with the resolution, which is incorporated herein by reference. b. Propertv Value Changes The Board approved value changes made in property values after the 2001 Board of Equalization and Review adjourned in accordance with the resolution, which is incorporated herein by reference. c. N.C. State Firemen's and Rescue Squad Pension Fund Certification Roster The Board approved and authorized the Chair to sign the certification requirements for the fire marshal to participate in the North Carolina State Firemen's and Rescue Squad Pension Fund, at no cost to Orange County. d. Rogers Road Main Waterline Project Change Orders The Board approved three change orders to the Rogers Road main waterline project. e. Small Business and Technology Development Center (SBTDC) 2001-2002 Contract The Board approved and authorized the Chair to sign a contract to continue support of small business development services for Orange County citizens, as stated in the Economic Development strategic plan. f. On-site Assessment and Senior Service Coordination at New HUD Housing Complex for Seniors (First Baptist and Manley Estates) The Board authorized on-site psychological assessments and service coordination for residents of First Baptist and Manley Estates senior housing complex. g_ Family Caregiver Support Program Contract with Triangle J Council of Governments TJCOG The Board entered into and authorized the Chair to sign a contract with Triangle J Council of Governments Area Agency on Aging in the amount of $39,256 to provide family caregiver support services. h. Change in Board of County Commissioners Regular Meeting Schedule The Board amended its regular meeting schedule to add a retreat Saturday, February 2, 2002, beginning at 9 a.m. at the Olive Branch Inn in Rougemont. i. Reappointment to the Board of Health The Board reappointed Lee D. Werley III to the Board of Health for the term ending June 30, 2004. L Reappointment to the Chapel Hill-Orange Countv Visitors Bureau The Board reappointed Frances L. Dancy to the Chapel Hill-Orange County Visitors Bureau for a three-year term ending December 31, 2004. k. Reappointment to the Nursing Home Community Advisory Committee The Board reappointed Barbara Ording to the Nursing Home Community Advisory Committee for a term ending December 31, 2004. I. Minutes