HomeMy WebLinkAboutAgenda - 01-16-2002 - 7a ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 16, 2002
Action Agenda
Item No. 7-ti
SUBJECT: Oante Count Hunting Ordinance
DEPARTMENT: County Manager PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Including Geed Gledhill, 732-2196 or
Amended Hunting Ordinance Sharron Hinton, ext. 2302
Enabling Legislation
Pertinent State laws regarding TELEPHONE NUMBERS:
hunting and punishment for Hillsborough 732-8181
Conviction of Class 3 misdemeanor Chapel Hill 9664501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive citizen comments regarding a proposed amended Orange County
Hunting and Fishing Ordinance and to consider adopting an amended Ordinance.
BACKGROUND: In February 2001, representatives of the Orange County Hunting Committee,
including citizens, Commissioners Halkiotis and Jacobs, Sheriff Pendergrass, the County
Manager,the County Attomey and Cameron Ingram,Wildlife O(icer, met to discuss concerns
regarding the regulation of hunting. The concerns focused on three specific issues:
a, hunting with firearms while under the influence of alcohol or other impairing substances; and
b. hunting in the proximity of public buildings: and
c. hunting in a negligent manner.
The existing County ordinance regulating hunting did not reference the aforementioned issues.
Members of the hunting community voiced concerns about over-regulation of hunting and the
need for carefully drafted ordinances and legislation that fairly balance the rights and safety of
all Orange County residents. With that in mind, it was determined that hunting in a negligent
manner was already a violation of State hunting laws. It was also the consensus of the group
that Orange County would pursue necessary enabling legislation from the N.C. General
Assembly to address the other concerns. The legislation necessary was approved by the
General Assembly.
In December, representatives from the hunting committee met with Cad Fox, District Attorney
and Joe Buckner, Chief District Court Judge to review the enabling legislation granted by the
General Assembly. Specifically,the legislation provides the following:
Section 1. Orange County may regulate, control restrict, and prohibit hunting with firearms by
persons under the influence of alcohol, or other impairing substances and regulate, control,
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•restrict, and prohibit hunting with firearms by persons who have any blood alcohol concentration
as measured by an alcosensor. For the purposes of this act, an impairing substance is defined
as set forth in G.S. 20401.
Section 2. Orange County may regulate, control, restrict, and prohibit hunting within 150 yards
of any federal, state,or local government building,including those owned or leased by boards
of education.
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Section 3. A person violating an ordinance enacted under the authority of Sections 1 and 2 of
this act is guilty of a Class 3 misdemeanor, and upon conviction shall be punished as provided
in G.S. 144, Violation of local ordinance misdemeanor.'
After discussion of proposed ordinance modifications and enforcement of the ordinance
amended, the group supported the proposed revisions. As a part of the approval process,this
public hearing is scheduled to allow-citizen input.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board receive citizen comments
and proceed as the Board decides.
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NORTH CAROLINA RESOLUTION ADOPTING THE
AMENDMENTS TO THE ORDINANCE
ORANGE COUNTY REGULATING HUNTING AND FISHING ON
PRIVATE LANDS OR WATERS WITHOUT
WRITTEN PERMISSION OF OWNER
WHEREAS, the Ordinance Regulating Hunting and Fishing on Private
Lands or Waters Without Written Permission of Owner(hereafter the Ordinance)
was originally adopted December 2, 1991;and
WHEREAS, the Board of County Commissioners of Orange County
deems it necessary to amend the Ordinance to protect the health, safety and
welfare of the citizens of Orange County.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that:
The Ordinance is amended to read as rewritten on the attached.
Upon motion of Commissioner , seconded by Commissioner
, the foregoing resolution was adopted this the day of
2002.
4 Beverly A. Blythe, Clerk to the Board of Commissioners for the.County
of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true
copy of so much or the proceedings of said Board at a meeting held on
2002 as relates in any way to the adoption of the foregoing and that said
proceedings are recorded the minutes of said Board
WITNESS my hand and the seal of said County, this day of
, 2002.
•
Clerk to the Board of Commissioners
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•ORDTNANCE REGULATING HUNIING AND FISHING IN ORANGE c9V1!' Y 6W
4IHEPEAS, the County of Orange Is authorized to adopt an ordinance
regulating the hurting and fishing on private lands pursuant to Chapter
296 of the 1491 Session Laws c£ North Carolina; and
$fies&19, the County of Orange is authorice. to ad en- an ordinance
regulating huntinn with nrcns by Parsons wder the influence of
alcohol oy other impairing substances pursuant to Session Lew 2001-165
of North Carolina; and
WHEREAS, the County of Orange is authorized to adept an ordinance
regulating bunting within 150 yerde e£� federal, State nr local
.. ernMent bpi .in. those _leased by boards of
education, pursuant to Session law 2001-165 of North arolinas and
WHEREAS, a problem has developed within the County of Orange of
individuals hunting and fishing on lands of others without the
permasoaon of and against the wishes of the owners or lessees of ens
property-,nd
VXme9S, problems haw developed within the County of oreoCa
LIMO-lying_lomat'us with f irearms by persons under the influence of
aleohol or nthor impairing substances and hunting in OlOse proximity to
government building....
NOW, THEREFORE, Th3 3OARD OF COMMISSIONERS ro2 TEE COUNTY OF
ORPUVCE ORDAINS:
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1. It shall be and is hereby made unlawful to enter q
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 opener or
lessee of said without the writeall permission write cf the owner or lessee of
bail land or water. F r purposes of this Ordinance, the right of way of
all North Carolina senondary roads and all private roads shall be
considered the private property of the property owne.o 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 vat_ road.
2. for purposes of this Ordinance, lends or waters which are
polled are those with are posted in accordance with G.S. 14-159.7.
Notices, signs, or posters shell measure not lees than 120 square
inches and shall be cotspic'.iously post on private land not more than
1 0 yards apart. rinse to and along the boundaries. At least one such
nodice, sign, or poster shall be posted on each ride of ouch land and
one at each corner thereof provided that said corner can be reasonably
asedra_ned. 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 flshlne, or the taking of fish by any means, an any stream,
lake or pond, it shall only be necessary that the signs, nat_ces or
posters be posted along the stream Cr shoreline of a pond or =ake at
intervele of not more than 200 yards apart.
3. No person [hall mutilate, destroy or take aoen any 6
"posted." "no hunting,• no tishine'. or similar notice, sign or poster
on the lands or webers. No person shall post such sign or poster on the
lands Or waters of another without she covert of the owner.
. The document granting written'pee-m an required by
paragraph tit of this Ordinance shall state a daze the permission is
granted, the person granted permission add the owner or lessee of the
land. I[ shall be signed by the property nine or lessee granting
r cion. The permission shall be valid for the period of time stated
in tvshe document of if no time period is stated, for a period of one
year from the date permission is granted.
9. The document granting written penoicsion is required to be
carried an 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 ham club to bum. each
member of the hunt cart, upon entering the property for which
permission has been granted to the hunt cads to hunt or with the
intent, to hunt, ehall have in his or er 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
Pee-Mission 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. It is unlawful o. any person to hunt with a firearm while
that person is under the influence of alcohol or ether imealydng
substanc; As Used na this paragraph the term "to hunt" is defined 111
N.C. Gen. Stmt. 11 113-129 and 113-130. As used in this paragraph, an
impairing substance is defined in C. can. Star. ® 20-4.01.
It ic unlawful for any person to hunt with a firearm while
that person has any blood alcohol cnnceet•ation as grasured Ov at
a_eoeanote. As used in this paragraph, the term vto hunt" is defined in
N.C. Gen. Stat. SS 113-129 and 113-130. As used in thinar agranh
_mpairina ¢dh stsn�e is defined i en. seat. 5 2n-9.01.
P. It is unlawfulder my person to hunt with a firearm oe
with a Crossbow or bow a - arrow within 150 yards of any federal
Mate, or local government building, including those owned or leased by
boards of education.
-10. Any parson convicted of a vViodation of this Oriinance is
guilty of a class 3 misdemeanor and imon coavjction shall be fined pct
more than Five Hundred Pollard (ss00 0o) _aa-". - d o_
Paragraphs through 6 of this Ordinancs mod effective December
Paragraphs 7 through 10 of this rd_nance are effective January
16 2092.
atlet
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GENERAL ASSEMBLE 07 NORTH CAROLINA
• SESSION 2001
SESSION
HOUSE WBILL 931
AN TO AUTHORIZE ORANGE USE OF L
AND TOTEIR IMPAIRING SUBSTANCES YWHILE EHUNTING WITH FIREARMSOE
AND TO REGULATE ROt.ING NEAR GOVERNMENT BUILDINGS.
The General Assembly of North Carolina enacts.
SECTION I county May r ctlate,
end prohibit hunting with firearms by persons
under the restrict,influence of alcohol c r other impairing substances and
regulate, control, r
rol, i and prohibit hunting with firearms
by persons who have any blood alcohol concentration as red
by an alto For the purpo¢ of this an impairing
substance i defined as set forth in G.S. 20-4.01.
my may regulate,SECTION 3. county within yards of any federal,
restrict, local government rbuilding, including those owned or
State,shy hoards of education.
SECTION 3. A person violating an ordinance
under the iey of and 2nof this
enacted
Of a Class 3 misdemeanor,Sections and upon conviction shall act is
punished as provided in G.E. 14-1, "Violation of local ordinance
misdemeanor.T1011 4. This act applies only to O r enge
County.SECTION 5. This act is effective when it becomes
law. In the General! Assembly read three times and ratified
this the 4th day ofJune, 2001.
s/ Beverly E Perdue
President of the Senate
a/ James 13. Black
Speaker of the House of
Representatives
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Bile un/rile
N.C.G.S.A. 51 4-4, Violanon of local ordinances misdemeanor •
'11311 N.C.G.S.A.§14-4
WEST'S NORTH CAROLINA GENERAL STATUTES ANNOTATED
CHAPTER 14.CRIMINAL LAW
SUBCHAPTER I. GENERAL PROVISIONS
ARIICLE 1. FELONIES AND MISDEMEANORS
Cowan through 2000 fur 5usio,
14-4.Violation of local ordinances misdemeanor
(a) Except as provided in subsection (b), if any person shall violate an ordinance of a county, city,
town, or me ropo!itan sewerage district created under Article I of Chapter 162A, he shall be guilty of a
Class 3 misdemeanor and shall be fined not more than Eve hundred dollars ($500.00). No fine shall
exceed filly dollars($50.00) unless the ordinance expressly stares that the maximum fine is greater than
fifty dollars($50.00).
(l) If any person shall violate an ordinance of a county, city, o regulating the operation or
parking of vehicles, he sha l be responsible for Suction and shall he town
to pay a penalty of not
more than fifty dollars($50.00).
4)444}9J44 1969 a 36 F3: Laws 1965.v 763 62' Lees/965(ROC San. /9661,c.d31„g lY Laws 1993,a 416§F
1w 1991. a 416,§ 1' Laws/993,9 536. f 6. N(Ore 1. 13946 Lows 1993,a 339,f 9, vfT Oa /, /094, flues 1.994(. e
Snell e3ff34(/..RJ.€V Hncd 36, /99y Laws l9Y3e30E§133./, July29, /993.
<General Materials(GM)-References,Annotations,or Tables>
HISTORICAL NOTES
HISTORICAL AM-)STATUTORt NOTES
Laws 19P,c.500,4I33.1,repealed the amendments mode by Laws 1993,a 5309.
Laws 1993,e.539,§ (359,MAMA:
'Adis act becomes ePelve Ocwbcw 1, 1994,and applies alter that date boa for offenses
imed before the efeenve date of ale etl urn rot abated or affected by this aft and the statute Mal would be applicable Wm
nomad at rowan applicable to those pmeeaalons." [Amended by Laws 1994£Bess.,c'4.§ 1.1(c),ell March 26,19545
Laws 1993,e 559,was milled Y-4,1993.
Local Madlfiuuiona
Jacksonville County Lama 1079,c 511 _
Macklmbmg Coumy Laws 1963,'. 116.
On:lox County Laws 1979,c.A I,63,
Laws 1991.C 245.
Copyrighr(c)'Vest Group 200l No claim m original U.S. Govt.works
§ 113-290, Unlawful use of firearms
It is unlar Iul for any person while hunting or taking wed annuals or
wild birds as those terms am defined in GS. I13-122 and C.S.113-130,to
discharge a firearm:
(1). Carelessly and heedlessly in xanton disregard for the safety of
others
(2) Without due taut or urcumspecton, and in a manner so as
to endanger any p.rson or property,
and resulting in property damage or bodily injury,
hi or,,, 1991,0.740,e. 1.
ap GENERAL DE11rvinnn6 1119-129 f
f118123 pt
$ 113128. Definitions relating to agencies and their pow- •
ors. :
aft
qN>kr-A',y, The
f II
H d to and their cognates apply to p powers and adman*-
rS ' wile f agencies charged ci the n.ervatl of and estuarine and
. E wildCf
"' (1), i by De Laws I909 c 1
(3) e uo Ent. The Department of Environment and Natural Asources
t Y
(4) Executive Director.
E t 'e Director, North Carolina N9dlife
Reeources Commission
% (4a) Pisheieee armor. m o North Carolina D NMures 'p(s a
r
* Fisheries of the Department f fines o t d N t iRe.oureee
1 who mall be qualified f the office by experience
Ry ( Inspector- Marine h. inspector.
�tz Oa) M e h e0 The Menne Fisheries Commission
P the
A } Department as established sTed by Part 5D of Article 7 of Chapter
of General Statuteb.
(6) Marine Fisbenes Inspector
An Pan oeocr an Rosemead stme other C
wai an enforcement and s u d r thie
4.84 . t which include A exercise eo of law rotes, regulations,powers under and
k�1i other legal and references c m in statutes, s contracts,ep and
$ inspectors P
i other legal c'1 dcial aldsrortsnfism a manna
d t commercial and sports PW' w manna
fisheries y
(6) Notice-N i Where it is required that given on
,i
Apo of e o n given places eb den of
the person giving t . r bech tth f eied
in writing by a responsible member of h 8 agency the tune
., limit ,
M
hi Prot t Mild1J P to to.
(9) Secretary Secretary fk
Environment and Natmnl Bea
(9) Wildlife Protector the North Carolina Wildlife
Rsour ces Commission
f
an officer po end assigned to daces
which
691 hdhf Resources m Commission. ,lh Ne24 Caroline Wildlife 43 Resources 1a f t
established hd by cuticle f Chapter of P
.
the
er General and 3 ofArel 7 of Chapter 143B of the
#9 a.General 11966 8 r_ -2 1979 1262 . ..8;1998 c 512,
5. . 7 1 .4 1979 c 988 . 1;c. 839 1 1987, . 541 . 4 1989, i,
,tit_ c. Rr, x 218(57., 1998 441 . 111119(a) 1998-225 e. 11) �s`
u Ref _ 1 w� 6 ,''
wu E r and y at ;a a MI sutured
�i _ the AttE Reemr'rs COMM n 3D ^r Pens P
�m I1 i- a 42
4 113-129, Definitions relating to resources.
gnats pplym th ascnPtlon of the a„'}
, L4(', no f 11 ' S d fiNt� d d•a Idl e rosoumes:
hC various
(1) Repealed by Session 830 e. 1.
oh' (i ) An' ls,—Wild enamels,}97ept when the context clearly indicates
4CI, a contrary interpretation
7. ..
667
Rr.
F<
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$119-129 Ca n.4 tUNSERYPFIUg ESC. §113129
(1 Big Game. Beal wild boar, wild turkey and deer, not to include
fallow- door or red deer raised for production and sale under GS
106 549 97
1 '1
Ihi Birds Wild birds, pt when ohs tat clearly ind tesa
contrary interpretation
'
(BF Boating ad Fihi 6AC - N An fllend ding cr
iiv to ppuhlicw� Resources d h' h d 1 d trolled aged
Commission
(1 ) Bushel —A dp measure concerning 2150 42 cubic inches
(2) Coastal Fisheries Any and every aspect of culthating, taking,
possessing,'
transporting, processing. selling, -utilizing,and t fish taken coastal fishing waters, F never the
- i npo rpase of taking,g pt for the regulation of inland game fsh in fishing t¢ which the Wildlife Resources and all h dealin with e h wherever taken or found,a person
pnmanly concerned with fish taken in coastal fishing
waters so as to be placed under the administrative supervision of the
over the tut g Proaaled,i inland the skiing Department waters is given no authority
er he taking ffish ' glad G hfgwat . Except ee provisions
in n nu Subchapter n Fiseries Commis-
sion abl - d under this Subchapter may make such acts and
n pplicable, all references e statutes, regulations, contracts, and
other legal or aEcial documents to commercial fisheries apply to
coastal fisheries.
!p Coastal Fishing All fishing in celesta] fishing tera. Except as
provisions in this Subchapter or in regul ti -the 4l Fisher-
C 'ef authorized d i d Subchapter
may make such ti all fe statutes ces . e 1 C tracts, and other gal or official documents tsW m alfihga a o fishing
(4) Fishing µ t - The Atl tl0 ; the venous coastal
. F E waters up to the dividing line between coastal T
fishing waters and inland fishing w agreed upon by the Marine 4
Firh m p s Commission dW f Re s Commission. Ex- ,6
4 cept this Subchapter changes in the en
to- thM Fisheries Commission d th Wildlife Rt ;poi
Commission y M1 inapplicable.all references .Ay statutes,regulations. � aid t j A make
commercial fishing'oaten pply t coastal fishing 11 Crustaceans
Grustacea. including crabs, lbw and
c i
(6) Oishenes Re Marine and resources and such wildlife u relate to fish 'O Fish, Fishes el all shellfish, all t 1 le
and all other fishes
p{p ) F he gArum B mink,muskrat, M twr, krek Y+ and lb P and when lawfully taken with 1 •C-
�.
S Sri (7b1 GBaps. Game animals and game birds.
(y ) Game Animals Bear fox,rabbit,squirrel,wild F d d of -
6'+1
to include fallow deer d deer raised fo production and sale under 'h, , ;
i GS 106-349
'T✓.{� 106- 4991 bobcat, oand
except when t plead AL.,,'',d ¢ provisions ig aanimals
in `( d) G Birds. M t yg birds and upland birds OC Fi . —Inland g fish and such other game fish
g
fishing waters as may be regulated by thc Department
666
k
B4'9
ry f ¢118-124 fH 113.caNSfirturgON.GTC. ¢114.1 f�
- :}
fib) Bic Game- Bear. wild boar, wild k c and deer not to Inc
falls . der or deer roused f - p_oduction and sale under O S
10654997.
tic Bird Rid birds." excem amen the comer:f cleariv indicres a
e
ve , ' 11d Boating and F hi L A nee -dm area of l d prandial,'
to publ a d hl ' d 1 tl Itl N6-
a,,�- he the Wildlife Resources Commission. enaC'l
r (le Bushel A dry measure containing 2,1 0. 2 cubic ruches
(2) Coastal Fisheries'
Any and every aspect f' Id m - ,possessing, coF w n s offish taken in fishing waters, hatever the man °pu>p f taking, except for the gcation of Inland game fish
coastal fishing etars which i rested thc Resource
Commission and all such d f h fih,oaere.er taken Or WAS
e p n a fish k fishing at to be pl dud the with
o RM
*g�l Department Provided, G t the Department is given
th m
over th taking of fish m inland fisha t erF x provision,
in tars Subchapter or regulations of the M Fisheries Co rns_
a authorized this Subchapter m ay ke such reference lciedoee s tom r er contracts,
other legal o oral ,em commercial fisheres apply lc
sl fisheries.
(3) Coastal
Fr hi Ail fishing tal cshi g t Excet as
i Co won Bhorizetl d regulatiors Subchapter may make such
eler° ppl bl . 1l re erem^s in state regadations. con
tracts, d th I 1 Ifi ' ld t - 1 9.Img
p lr l f i g.
(4) C tai g q t .
Th Atl G th tal
stunds; m std tl h fishs to d d f hs g ree p th M 1 to
Fahen C d R 6 1
E
cept s p h s S b_hap h g
beat th .M F hr C tl NIL[ R _s
Comm k uc6 of appl b1 lI f
tatut gul I I fn l d s
to ounmermal 61 hrsis C St ea, Fppfi II nelWivS 6 IubsGC and
rimp,
r : hie° Resources
as te d ea - rvd sod
.._ da; F vaahea
?J and; ll h UI mGarine4 h. 1 e8 shsll5 11 maceen
and ell in fi h e. k,
(eM drweaselg b o.—B r racc. nahe wawa otter,
and weasel; hocat. opoasrm, are e raccoon on .:hn laaicully sken st tb
raps.
)96)
G ee nma ,ss adgame Wds
c Gael ls Boar,fox rabbit, dfo.
o i;d bnaa..
a d
ea.
n der
no1dotal o d oer deer s orduxcep vd upped cO549a7; h ovi onsmm, rnd raccoon a when trpp^d in a m ordidse cdth ratotgarelahng u-b arng e mir a Bh an- am-gamedbsa nd l gag emsbudc(8i Gsme is — i s d game fishendache lther game mcuae�
S nbhmgsc ters d may ba regulated by tte Oepentmert
(. 662
Cj{d
s d ) dl y _ 4 T ayU ! b p
∎7 ter.} J U - „pt Fs h fi'fl d ,
IS e"�la�a. " 4r.m
r{[ -
§113129 du-113.cos ,ETC. §113-129
(12a) Optimal yield. The amount f fi h that.
y.. a. Will provide the greatest overall benefit to the State,aartaularly
Will respect to d production d recreational opportunities,
4- and taking into account the protection of marine
Y p Tres
4.4`4`3, pF ... b. It prescribed U b ' f the maximum sustainable yield um
y N I the fishery reduced oby any relevant economic, social, or
c. In the gcase of an overfished fishery provides for b lding to
- v_ levelconsistent with producing the maximum sustainable yield in
the fishe
(12h) Overfislung ry or overfishe3—Arate or level of fishing mortality that
jeopardizes the capacity of a fishery t produce the sustain-
:- , able yield on a continuing basis
A (13) Private Pond A body of wazer arising wathin and lying wholly
upon a single tract of pnvately owned land, from Ilona which fish cannot
escape and into which fish cannot enter from public Ealing waters at
any tim.,except that all p blicly owned ponds and lakes 1 ified
as public fishing to III addition the private f b t g
tracts of land which pond not exceeding 10 has been
established may by written agreement cooperate to taw that
pond as a private pond if It otherwise meets the requirements of this
?{ Apr definition If a copy of the agreement has been filed with the Wildlife
Resources Commission and the pond in fact meets the q of
this definition it attems the tatu of private p . d either 60 days
after U gree be po te C pp v_n
, 'Y aftto p t t h h ch vrr efit d fn4
(134 Public Fishing Waters; P bli' Waters Coastal fishing waters,
yt g inland lashing 4 both.
(13b) Public Hunting Grounds. Pri atel owned lands open to the
. "ry0 public for hunting under the terms of a
yj. cooperative agreement
reemert
between the and the Wildlife Resources Commission.
(13c) Raptor fohe 4ory of ryender federal law and
gul for the taking of quarry by flconry
(14)Shelfi h
M ll ca,specifically including oysters,clams museele
and scallops.
(14n) [Reserved
(14b1 Upland Game Birds_ Grouse,pheasant, quail and wild turkey
(1 5) Wad
y - Animals. animals,` ho fold mammals except marine mammals found coastal fishing
waters In ht
definition cl d e members of th following
groups which are on the federal list of endangered or threatened
epPems caild amphibians,wild reptiles except sea turtles inhabiting
and dep d p coasted fishing waters and wild invertebrates
except invertebrates d lined to be pests under the Structural Pest
�F Control Act of North Carolina of 1955 or North Carolina Pesticide
"4p Law of 1971. Nothing in this definition is intended to abrogate G S.
zs �'
paR 113-132(c).132(c) confevunedictio' upon the Wildlife Re'sou'rces Commis-
sion to any subject exclusively regulated by any other agency,or to
upers the Wildlife Resources Commission a its to
supersede valid provision a flaw or regulation administered by any
other age tl(15a) Wild agency
Migratory game birds; upland game—birds and all
undomesticated feathered vertebrates. The Wildlife Resources$ C
uedex
excluded may the definition
of wild birds based upon the need for
protection or regulation in the interests of conservation of wildlife
k$ recuurces.
670
td. •
5113-130 ART . '.Ella DEFINI
' t30
- • l animalx wild birds all'fish found in inland fishing -
game fish,
Unless the context s ild require
he definitions t it el ,wildlife_. wild animals. 1 -• -
' - -
- like are deemed to include species norm. .... v.... . _ sm wild species. wmich dr raised or kept this definition In intended t m abrogate the
te the Department df Agricenre and Con-
. .late theproduenov a nd sale stpea-r aisad
quail - -�
' - — area of land •Qrs owned, leased. -
aagcd bathe V dllfe Resources Corn-
-- - staking ofnoma or all speolex of trldllte.
-.- . wild hlr'- ,9 wIL. n than
other tha
in - -___ 9II fah found in
:Nand -
Babe"
--- _ m' and aulmnl hie - -
plenr - - waterfowl food
. :.: r:. .. s......'.:
-rm
A,. + .. . . . . . .. .r )s1.1•
-.- . -•• 1. ' .
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Al I
ATetFeeae oP wiln isnl, . .le _ _ Q,
emir was t relevant ma -. - T- 55556616 >16e 5 553.110 posted E under farm",
II: . 166 _ FVV.-vL �}•
•
113.130 Definitions relating to ecb.aua. f public. 51
The following definiouns and their cognatiferey toe:-rinse of the public
In tIx
regard and to - Y
and wildlife re
113 Repealed b-8 r - 1979, co 830. s. '
oFl -h g. 6 to v:icod -bur 41
1o1 Ind:.incol. 4tiuxenfbeNg. '}b
6-1 :i 3
. ;s:.
17
118 130 OH us CONSERVATION,em §113130
a i
(ID) Landholder.
iF tr whe' dual resident nonresident,owning' v
land g
State or,when he is one
the land, leasing land in this State for acmrsl purposes
(2) Owner, Ownership. As for personal property, of tnPersons
11'7414 5 havgbeneficial p and not to those holding l title fbp right n as for real propel n refers te ons ha the e
k right of control,possession,and enjoyment,whether as t t fee
dWder beneficiary of trust, use Provided, that t
definition dose not i lute lessees of property except where the lease
arang8e� t device t facilitate what substance
sale of the the
(3) Person. �individual,
or any partnership, firm, tion,
corporation, or other group of-individuals capable of suing or being
sued a t
"t3 t (4) Resident In the of
a. Individuals —. One ho at th tune in question has resided in
'6j - North Carolina for the P ding the or has been dean
ailed in North Carolina for the preceding CO days.When domicile
in the State for a period of 60 days up to six months is the basis
for establishing residence, the individual must sign a certificate
a on form supplied by the Department .the Wildlife Resources
y. y hestating t3 necessary facts and
,:. " the intent to establish domicile here.
b. Corporations --A o v which laws
chartered under the la
e North" at N Carolina and M1
principal office within the State
c, Partnerships, Apartnership all part residents
of s
fNrthC l and which h - is principal B the State
.
d Other Associations d G p Fitting the Definition f P soa-
< An association or group principally composed of"Indnadual resi-
dents of North Carolina, 'th is principal office, if any, in the
State, and organized for a purpose that contemplates m ore
-insolvement or contact with this State than any other state.e. Military Personnel and Their Dependents. A member of the
AA
armed forces of the United States stationed at a military facility
dt�
in North C his spouse,and any dependent der 18 years
of age siding with him are deemed residents of th State,of
county in which they live, d also,if different, of any county in
winch the 14 ry facility is located.
. (4a) To Buy Purchase —Includes purchase hange of property,or
an offer or attempt to purchase or exchange,for money or any other
valuable mvsidera0ion
(5) To Fish. To take fish
aE (5a) To Hunt To take wild animals or wild birds.
16. (6) To Sell' Sale. Includes a sale or exchange of property.or an offer or empt ti atywdp ato sell or exchange for money any other valuable
(7) To Take. All operations during immediately preparatory end
immediately subsequent to an attempt, whether successful or not,to
corm
y� w
i -
any kill,pursue,hunt,eroNareiources. or reduce to possession
p3 fish wildlife
(7a) To Trap To r de pt animals wild birds trapping
(8)
the wafer Every descnption e watercraft,a means splam on other
on of being used 2tr 18;1979,
{ *� . 530,6 r 11966 .goy,e.2;1971, 705, _3;1879, . 1262 16,1999,
r_ r
.s. 672
1'44114 :45.
o
920.401 Mi 20.21010R VLi1CLES 920401 N
(6) Division -Tie Division of Motor Vehicles acting directly or through i)
its duly authorized officers and agents
(7) Driver. The operator of a vehicle, defined in subdivision(25).The
terms'dnver ta"operatorwho and t cognates ire Towns or(7a) Employer Any person
vehicle or assigns person to drive a commercial motor 0 chicle.
(8) Essential Parts. All integral d b Gyparts of vehicle f y type
required to 1 registered hereunder, the removal,
substitution of which would tendto conceal conceal the identity ofthe vehicle
11— or substantially alter appearance, 1 3m or mode of
lion tad in OS. 20-286,(9) Established e tI of c Except P
the Pin actually occupied by dealer manufacturer at which a
permanent bu fbargaining,t d' end it selling motor hicles
cry be earned and at which the books, records, and files
scary and mndeft to the conduct of the business of automobile
dexlosors.—Any mers shall bekept andmmni mixture
(1(I) Explosives. Any chemical compound or mechanical producing mi that is
Iq` commonly used or intended for the purpose fp dcing an explosion
and which contains any oxidizing and combustive units or other
mgrechenta in such
propoatione, quantities,
packing that an
I oaby fire by f^ccon,by concussion by percussion, by detonator sj or
f
any part of die compound or mixture may cause such udden
generation of bhly heated gases that the es gaseous pree
sures are capable of producing destructible effects contiguous
objects or of destroying
life or Iwb.
used primarily as m
rg plows,vehicle designed a
(ill Farm Tractor. 6very mod
i farm implement for rrawing plows, movnng machines and other
implements Nh tr port
(110) epeny b motor C A p passengers or 6,
prorertg Vymt Eveelry f vehicle compensation type reclined registered(12)hereunder br l i t into this State from another state,bmmtoiy,or
country,other than the course f b by or through
manufacturer dealer d not registered in this State.
(12e) Gross Vehicle Wminbli Rating(GVWH), The al specified by the
manufacturer the m loaded weight of a ehiGe The GVWR
ofa a combilatien vehn le is the GVWR of the power unit plus the
GVWRof the towed unit m units.When Fcle is determined by
enforcement officer to b t h lly altered from the manufacturers
original design.the license weight the total weight of the vehicle or
mbination of vehicles may bedeemed as the GVRRt for the purpose
f enforcing this Chapter
(12b) Hazardous Materiels:—Materials designated as ha. din by the
United States Secretary of Transportation under 49U.S.C. § 1803.hr es
(13)of very way The r place entre of 'h tev nature,when any part thereof y o is—
open to then t the-public ass matter fright for the purposes of
vehicular traffic.The terms'high y and treet`and their cognates
are synonymous.
(14) House Trailer. Any tr oiler or semitrailer designed and equipped te
provide living ur sleeping facilities and drawn by a motor velacle
(14a)
Impairing Substance controlled substance bsLn under Chap-
' ter 90 el General St t tea any other g of psychoactive
substance capable impairing aperson's physical sf i
or any
combination of tneee substances
181
`r 1.5:1-1340.18 - :MEN.4l.PROCEn( ACT CH plaaassn
r t I CASE NOTES
xi} d' st . ge
vg Te . as p n , the def ca mane
e 9 ne
lase - tk d
lu1 a d 9s d o p9 Stab'
a1
Y i seas duty ° IL App ab .05 x f e J
1q 5 asp Substantial 1 4 299 1896 .an-en9
T j tMA m e 01SE. 9 S denied
1 2.17o91199
to . H 15A-134018, 15A-1340.191 Reserved for future codincadoe pu
Doses-
431
Part 3.Misdemeanor Sentencing.
l t t § 15A-1340.20. procedure and incidents of sentence of im
' P
so
m. 'en
t for misdemeanors.k
t 1, Application t Tins r rt
applies to sentencsentences.y tor anon a Gene, rm rl p t feu
a isd ea hell t d' P G n P R d f the 1 s
_-
poor level and f i t,biab th range P conviction d f the offense of prior le'e,�k applicable statutes require 1 The df t e d p n� punishment intermediate P h t and - hn�� e - En et for aid earned credits authorized y GS lfe d time cred authorized y applicable,whose to of imprisonment is a cti vatsd h 1 serve th day of l, t the imposed an
(2. ps of S Unless otherwise enseand the court shall
i , t suspend xire to of offense dprior nNOhon�l ?eye! 9uvc _A r intermediate p eentence
Punishment ax t The may rtae t ` 1 t for d . of offense level ehtd m a t 4,I 4o - authorize p of active punizhment term if u P men[ 9 ito I n co. total i� ntihe ha orn YlMio rna re6ne confinement aorloe orr g mental, t institution as a eslmofthe tear that eu immatedn the the t t
(di Earned t that[ Authorization M offender sentenced to a tom of
kill1 activated is eligible mid time credit fur
! f. sde at a offenders eons rawerd facility, Department o Correction or the of pursuant to ides adopted in aae0r-
( dance with law pursuant GS. 162-60 Th rules and statute
pp wed ()genders earned time
9-30.' it crdit month f incarceration. 1993 538 than
- 1; 199aE Sees-_,e 24,ss more 1, 1 8 S saw 1994), c )81, a. 1: 1999-]p, a 1J
f :
550
nl
.. . c. v 4);.
§15A-134021 .LET SIB.STRUCTURED SENTENCING 115A 1340
§ 15A-1340.21. Prior conviction level for misdemeanor
sentencing. IE
Generally The prior level of a misdemeanor offender is
determined by calculating W b of thoffender's prior' n ' t ss that
y 1. the court finds to haue been proven accordance with this section.
Prior vsentencing en S t Sentencing The prior {t
kb)conviction leele for misdemeanor
I
(1) Level I 0 prior t t
(d) Level Il At le t 1 but not more than 4 prior convictions P�
(3) Lord III At l prior tonvictionu All
In determining tbp - level,the B ma) be included if i
[de felony misdemeanor the time the offense for which the I I�
Is Proof of Conictins.—A for coniction shall be proved by any of Ip
f the following methods..
O Stipulation of the partiesi . d
(2) An orional oraPy of th t d of prior'
(3) A py of records d by theD f Criminal Information
the Division f Mot Vehicles, of the Administrative Office of the a3 '
. - ' l{r f
l�
P(4) Any thod f d by the to reliable
The State ben the burden of proving,by P PP dernce of the evidence,
r that p exists dthat N offender b f the cour the p Pm the offender named the d The giro] Copy of 0r
.
the court records copy of the M maintained by the Division
Criminal I f b the D of Motor'Vehicles, of the Administrative
Office of th Courts, beanng N that by which the P d is
charged,is prima fame evidence that th H tl named is the person as
the offender before the court. end that the facts set out the d .t 91"l�i "f
subsection, copy dcs a p P �containing . , "a
rep tlan ofe record maintained delectronically a t th data
processing equipment, and document produced by facsimile amine
Evidence tievsp Suppression by ( party cittitra 'may be utilized d to p prior b0
ppression pri m p C.S. 16A950 Ifa I;„
motion 18 made pursuant to that section during the sentencing stage of the
criminal action, n
the court may grant a a :n of the sentencing hearing.
(d) M ltipl Prior Convictions Obtained O -0 t Week. For pur-
. poses
of thi tl if an offender td of more than R .9
umgl fdi trio rt single k of superior could. f court
in another y - dctl only f th convictions y b used t determine
they conviction level (1993 -538 a 1;1994;Ex.S 24,5.14(b) 1993 - �� :
u. (Reg.S 1994), c. 767 13.1, 1991-HO, e B)
II p_ •
CASE NOTES
Act t. The pueellnliqu h fine N th h t chouut to refuncl i
` he
ever that the io could face veded oo ortrourtung I noLIMIT xere
- I [� chat qui, the nth no
Bs cha v.North e
normal'@ de r dope ' p imbue Dept c 98 r Sapp.940(ED NC 1669).or xrthohle to .
§ 15A-1340.22. Multiple convictions.' lllr
n� t Limits Sentences m elects s impose
sentences for two oore misdemeanors and th m t seri
m us
751
ff l
ty.51, S zl
§5 • ' §1dA'1949. 9
Y ��l I,.• CH. :Li CCbIF`.y, 0
PAOCEetHEACT §15A-1342::
t,PI e t d h classified a N p t8 l 1 gtL fth u Class Al Cl 1,
Class i2 the m
ora
d t hall t l d _
l Ith e ht e tave fe a,'a3 y tb yot_od ilal [ans ee .I't Cl _ sd most
�n lb) i oho f9 t II 0 d convicted mmt e th in of un,th r S l dt} ln dgm d P sngl ldg tf tF ld ffnses Any 1'I juis nehr 1 . Ince i P d Llllb one. t th the appmP ' P - r eon.24 �
O § • 14(b), 1988 B¢g S - 1996) o. 42 s. 16)
k
4 . 6 1SA-1340.23. Punishment limits for each class of offense
Y.I x and p o cannot o le el.
t ,g1, tinIs 0e fi [ UfaltC fi- t —Tb Iense cl sifes-
-.y fid ' th Rensero Fch th g, oddlithe
- Anse ie am tl for winch there is no daasiic ryb is
b) nes. ea dnsalfiey—l4 s. to nclde 4n . A�{ nal, h18 a et y tha n
rt` udgm 1 t I fink lyL d t yp h t
"e ddfreP JdgRm mar - t q tne0c„. I h
d �F�s area aala ( 20000)f cl 3 - d_ .a thou andddolars
, '; ($1000) f m a a Th t f th { I Cl 1
q1• ., O P� I Class Cl ausdemeanor is in fOa n G t the court,
} Ib y t Chatp - Id _s >'pn G ! L c
S§i ,( i R 1 el a autthons
f d P @ h m 4tb 11 P d fof d nd P -fin
prior comic
yy R a
1 PI d h n telly th t p oftb chart Cl d esof
✓ '� the d, r4 Edh ddbytte chhe F PI dvern ally ne I . 'de cate
th fIIW
� � '�' fl: A ante tl P or 8i P 1d e dlnate th t t t
V� §) 2 4 � d, a d dd Al indicates I� t t Pd by n�a durations for the sentence P')
I �1 ithin h duration specified ed p itt d. ec t y tame
Eh10H
f� 9E.M:PNOA
cONVICTIOT LEVELS
aFFENS
�• ce qld , cuss o . , ,.eso, FivE as Eno ae^ m
c
e_ n A 1 - cm' t z a
I SO dsys 8eve em wA a c M1 C d ca tl .GVA"
e. y
(1903, u 538, a.1 139M1 E Seas,c 24 14b); 1995, c 50R 19.o(g).)