1102.05a URBAN DEER.
   (a)   Purpose: The City of Charles Town is vested with the authority and responsibility for protection of the health, safety, and welfare of its citizens. The City has directly experienced an increased problem of deer overpopulation in some of the rural annexed areas, more specifically defined as agriculturally-zoned land that was annexed into the City after 1999 that continues, without interruption, to be actively used for agricultural purposes. Deer exist in these areas of the City in such numbers as to pose an unacceptable risk of disease, vehicle damage, crop damage, and property damage. The City Council has determined two measures that would alleviate the problem of deer overpopulation: (1) allowing the issuance of crop damage deer permits through the West Virginia Department of Natural Resources (WVDNR) and (2) allowing these areas to be hunted in accordance with current WVDNR game laws.
   (b)   Provisions:
      (1)   Appropriate deer permits must be obtained by the permit holder from the WVDNR and all hunt participants shall comply with all permit requirements and all laws and regulations of the State of West Virginia.
      (2)   Crop Damage Permits (January - September)
         A.   Crop Damage Permit Holders must register their permits, in writing, with the City of Charles Town Chief of Police and give the Chief written notice, not less than twenty-four (24) hours prior to the commencement of any hunt, identifying all individuals who will participate in the hunt, the duration of the hunt, and the area to be encompassed by the hunt. The location of the hunt must provide sufficient specificity so that the Chief and the Charles Town police department staff may readily identify the area on a map of the City and respond to inquiries in regard thereto. This registration must be done in person, by at least one representative from each group of hunters, no less than once per calendar year, after receiving current WVDNR permits, and prior to the initial hunt in any calendar year.
      B.   Jefferson County Dispatch must also be notified, by the permit holder, via the non- emergency number when permit holders are arriving and departing a hunt area to execute crop damage permits. Permit numbers must be referenced when calling Jefferson County Dispatch.
         C.   Only archery and crossbows that comply with the rules and regulations of the WVDNR may be used while executing a crop damage permit.
      (3)   Yearly Hunting Permits (September - December)
         A.   Eligible persons will also be permitted to hunt the rural annexed areas from September to December in compliance with the WVDNR yearly hunting regulations.
          B.   Archery, crossbows, and shotguns that comply with the rules and regulations of the WVDNR may be used while executing a yearly hunting permit.
      (4)   Hunting may only occur between sunrise and sunset.
      (5)   Rifles may not be used for hunting at any time on rural annexed land.
      (6)   All hunters must shoot from an elevated position such as a tree stand that is no less than ten (10) feet above the ground while facing toward the center of the designated area.
      (7)   Permit holders will be responsible for the removal and cleaning up of all deer carcasses and remains resulting from the controlled hunt within twenty-four (24) hours of the hunt.
      (8)   In the event that a wounded animal escapes the hunt area, the permit holder shall contact the Charles Town police department not later than at the conclusion of the hunt and inform the staff of the location outside the hunt at which the wounded animal is believed to be located. The permit holder will not leave the hunt area in pursuit of a wounded animal.
   (c)   Penalties. Any violation of this Section shall be punishable by a fine of up to five hundred dollars ($500.00) for each offense.
(Ord. 2021-005. Passed 10-12-21.)