GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 435

HOUSE BILL 659

 

AN ACT TO REGULATE HUNTING ON, FROM, OR ACROSS THE RIGHT-OF-WAY OF PUBLIC ROADS OR HIGHWAYS IN ONSLOW COUNTY AND TO CHANGE THE LAW REGARDING TRESPASSING ON POSTED LAND IN ONSLOW COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  It is unlawful to hunt, take, or kill a wild animal or wild bird from or on the right-of-way of any public road or highway, or to discharge a firearm from or on the right-of-way of a public road or highway while in pursuit of game, without first securing the written permission of the owner or lessee of the land which abuts the public road or highway.  Even if written permission is secured in compliance with this section, any vehicle which is being used to hunt or to discharge a weapon must be completely off the traveled surface of a paved road or highway, and it is unlawful under any circumstances to hunt, take, or kill a wild animal or wild bird or to discharge a firearm from, on, or across the traveled surface of a public road or highway.

Sec. 2.  Violation of Section 1 of this act is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed 30 days, or both.

Sec. 3.  Section 1 of this act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction.

Sec. 4.  G.S. 14-159.6 reads as rewritten:

"§ 14-159.6.  Trespass for purposes of hunting, etc., without written consent a misdemeanor.

Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another upon which notices, signs or posters, described in G.S. 14-159.7, prohibiting hunting, fishing or trapping, or upon which 'posted' notices have been placed, to hunt, fish or trap without the written consent of the owner or his agent shall be guilty of a misdemeanor and punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00), or by imprisonment for not more than six months, or by both fine and imprisonment.  Provided, further, that no arrests under authority of this section shall be made without the consent of the owner or owners of said land, or their duly authorized agents in the following counties: Halifax, Onslow, Halifax and Warren."

Sec. 5.  This act applies only to Onslow County.


Sec. 6.  This act becomes effective October 1, 1991.

In the General Assembly read three times and ratified this the 27th day of June, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives