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HomeMy WebLinkAboutAgenda - 10-02-1995 - VII-A a 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. VJT-A ACTION AGENDA ITEM ABSTRACT Meeting Date: October 2, 1995 SUBJECT: Hunting Ordinance Public'Hearing DEPARTMENT: County Manager PUBLIC HEARING: YES: X NO: 1�Tanage`r I. Committee Report II. Hunting & Fishing Ordinance TELEPHONE NUMBER - Hillsborough -732-8181 Chapel Hill -968-4501 Mebane -227-2031 Durham -688-7331 PU k7O ro receive crt zen comments regarrMgg a status of the range ounty -` Hunting and Fishing Ordinance. BACKGROUND: At the August 22, 1995 BOCC meeting, the Board received, as information, the issues identified by the Hunting and Fishing Ordinance Committee. This information was developed as possible amendments to the current ordinance. Following the report, the Board approved that a public hearing be held to receive citizen comments on these ideas. RECOMMENDATION(S): The Manager recommends that the Board receive the comments as information. It is also recommended that the Committee reconvene and develop specific proposals on and changes to the Ordinance after considering citizen comments. } 2 ' ORANGE COUNTY HUNTING & FISHING ORDINANCE CONEMMEE : REPORT August 1995 Committee Members: John Link, Sheriff Pendergrass, Sharron Siler, Barry Joyce, Colonel William Breeze, William Riley, Frank McDade, Geof Gledhill Other Interested Persons: Aviva Enoch, Mike Faust, Donna DuPont, Jun Paulsgrove, William Gaede The Hunting & Fishing Ordinance Committee has held meetings to review and assess the current ordinance. The Sheriff's Department and the Wildlife Commission report that they have received relatively few complaints as compared to years prior to the enactment of the ordinance. Violations to the ordinance tend to be made by non-residents. However, discussions of the committee resulted in the following suggestions which may provide enhancements to the ordinance. Ideas for Consideration by the Board of County Commissioners (1) Encourage hunters to use tree stands while hunting deer. By shooting downward, this would limit the angle and travel distance of the bullets. Proposal: To require the use of deer tree stands, especially in areas near residences. (2) Include rules to regulate the use of center-fired rifles. Proposal: To allow use only if hunter is 8 feet above ground. (This would require the use of deer tree stands.) (3) Limit hunting in areas near highly-populated areas. Proposal: Request the Wildlife Commission to provide hunting restrictions in certain populated areas of the county. (4) Reverse the present posting requirement. Currently, posting of property is required if landowners do not allow hunting on their property. Proposal: To pursue the Wake County approach. Property is posted only if the landowner permits hunting. (5) Option to implementation of #4 - Maintain current practice; however encourage hunt clubs to approach large landowners to post property accordingly. (6) Advocate for continuing education for every hunter. Currently only newly licensed hunters are required to take safety classes; it's optional for long-time licensees. Proposal: To require hunting safety classes for all licensed hunters. (7) Restrict the use of shot-gun pellets for deer hunting; instead allow only usage of slugs. Proposal: Request the Wildlife Commission to pursue the appropriate legislation. (8) Although not discussed during the committee meetings, a citizen has requested that there be a restriction placed on the use of dogs while hunting deer. 3 ORDINANCE REGULATING HUNTING AND FISHING ON PRIVATE LANDS OR WATERS WITHOUT WRITTEN PERMISSION OF OWNER INDEX Section Pacre * 1. Unlawful to enter posted area to hunt or fish 1 without written permission of owner or lessee. Right of private property adjoining private or secondary road defined. * 2 . Size and location of notices, signs or posters 1 * 3 . No notices, signs or posters are to be 2 mutilated, destroyed or taken down or placed without consent of owner. * 4 . Written permission shall state date granted, 2 grantee, owner or lessee of property, signature of owner or lessee and time period valid. * 5. Written permission to be carried by grantee 2 when on grantor' s land. * 6. Regulations affecting hunting clubs 3 * 7 . Violations deemed a misdemeanor, punishable 3 by fine of $50. 00 or imprisonment not to exceed 30 days. * Abstract of material 4 ORDINANCE REGULATING HUNTING AND FISHING ON PRIVATE LANDS OR WATERS WITHOUT WRITTEN PERMISSION OF OWNER 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, 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. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE ORDAINS: 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 of 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 1 S square inches and shall be conspicuously posted 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. 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 2 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. 7 . Violation of this Ordinance is a misdemeanor and shall be punishable by a fine of fifty dollars or imprisonment not to exceed thirty days. This ordinance shall be in full force and effect on and after its adoption. Upon motion of Commissioner Stephen Halkiotis, seconded by Commissioner Verla Insko, the foregoing Ordinance Regulating Hunting and Fishing on Private Lands Without Written Permission of Owner was adopted this the 2nd day of December, 1991. Ayes: Moses Carey, Alice Gordon, Stephen Halkiotis, Verla Insko, Don Willhoit. Noes: None 3