GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 463

SENATE BILL 339

 

AN ACT TO PROHIBIT ROADSIDE HUNTING ON CERTAIN STATE ROADS IN CRAVEN COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section 4 of Chapter 305 of the 1983 Session Laws reads as rewritten:

"Sec. 4.  It is unlawful to hunt, take or kill any animal or bird on, or from the right-of-way of State Secondary Road 1004, State Secondary Road 1613, and State Secondary Road 1614, all 1004 in Craven County."

Sec. 2.  Section 1 of Chapter 882 of the 1985 Session Laws reads as rewritten:

"Section 1.  It is unlawful to hunt, take or kill any animal or bird on, or from the right-of-way of State Secondary Road 1144, State Secondary Road 1611 and State Secondary Road 1620, all 1144 in Craven County."

Sec. 3.  (a) Unless a person owns or possesses a leasehold interest in real property or is the guest, invitee, or permittee of a person who owns or possesses such a leasehold interest in real property situated on either side of the road or highway, it is unlawful to do any of the following from, on, or across the right-of-way of State Secondary Road 1611, known as Truitt Road, State Secondary Road 1613, known as Mill Pond Road, State Secondary Road 1614, known as Sand Hill Road, State Secondary Road 1615, known as St. Delights Church Road, State Secondary Road 1617, known as Shoofly Road, State Secondary Road 1619, known as Gaskins Road, and State Secondary Road 1620, known as both Morgan Swamp Road and Spring Hope Church Road:

(1)       To hunt, take or kill any wild animal or wild bird with the use of firearms; or

(2)       To attempt to hunt, take, or kill any wild animal or wild bird with the use of firearms; or

(3)       To otherwise shoot or discharge any type of firearm.

(b)       It is prima facie evidence of a violation of this section to possess a loaded firearm outside of a vehicle, during the season for hunting game birds or game animals with firearms, on the roadway or right-of-way of a public road to which this section applies.

Sec. 4.  To the extent that this act conflicts with Chapter 603 of the 1957 Session Laws, as amended, this act shall prevail.

Sec. 5.  Violation of this act is a misdemeanor punishable for a first conviction by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) or by imprisonment not to exceed 30 days, and punishable for a second or subsequent conviction by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), by imprisonment not to exceed 90 days, or both.

Sec. 6.  This act is enforceable by law enforcement officers of the Wildlife Resources Commissions, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction.

Sec. 7.  This act applies only to Craven County.

Sec. 8.  This act shall become effective October 1, 1989.

In the General Assembly read three times and ratified this the 27th day of June, 1989.