§ 24-1. Regulating hunting and fishing in Orange County.

(a)

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 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.

(b)

For purposes of this Ordinance, lands or waters which are posted are those which are posted in accordance with N.C. Gen. Stat. § 14-159.7. Notices, signs, or posters shall measure not less than 120 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.

(c)

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.

(d)

The document granting written permission required by subsection 24-1(a) 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.

(e)

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.

(f)

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 the 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.

(g)

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.

(h)

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.

(i)

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.

(j)

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 $500.00.

(k)

Effective dates.

Paragraphs (a) through (f) of this Ordinance are effective December 2, 1991.

Paragraphs (g) through (j) of this Ordinance are effective January 16, 2002.

(Ord. of 12-2-1991, §§ 1—7, eff. 12-2-1991; Ord. of 1-16-2002, §§ 7—10, eff. 1-16-2002)