(A) Deer hunting permitted in certain circumstances. It shall be unlawful within the town limits for any person to shoot any wild game or any squirrel, whether wild or tame, with a gun or firearm or to willfully poison any wild game or squirrel; however, deer hunting by bow and arrow or crossbow (“collectively archery”), as defined by the State Wildlife Resources Commission, is permitted on private property during the Urban Archery Season as established by the State Wildlife Resources Commission.
(1) This section creates an exception from § 130.03 prohibiting the discharge of firearms within town limits.
(2) Violations of this section shall subject the offender to penalties set forth in § 91.99. Additionally, persons who violate this section shall immediately have their town hunting permit revoked
and will be ineligible to receive one for a period of three years from the date of revocation.
(B) General.
(1) Oversight. Unless otherwise set forth in this section, hunters must follow all federal, state and local laws, rules and ordinances regulating hunting.
(2) Hunting license. Hunters must have in their possession a valid North Carolina hunting license (issued by the North Carolina Wildlife Resources Commission) and a town hunting permit.
(3) Town hunting permit requirements.
(a) Presentation of a valid photo I.D.
(b) A copy of the prospective hunter’s valid and current North Carolina hunting license.
(c) Property information if the hunter intends to hunt on private property.
(d) Owner permission if the prospective hunter doesn’t own the private property.
(e) Payment of a fee set by the town fee schedule.
(C) Securing the harvest. Hunters will make every reasonable effort to track wounded deer for the purpose of completing the harvest and recovering the carcass. In the event that a wounded deer cannot be recovered or leaves the permitted hunting tract, the hunter immediately will notify the North Carolina Wildlife Resources Commission and seek the assistance of a Wildlife Officer. If an officer of the Wildlife Resources Commission is not timely available assistance may be sought through the Clayton Police Department.
(D) Urban Archery Season. Bow and arrow hunting may take place during Urban Archery Season as defined by the North Carolina Wildlife Resources Commission, only when the town has indicated its participation in Urban Archery Season for that particular year.
(E) Hunting lands; private property.
(1) Landowners may hunt on their own property, subject to the limitations and criteria of this section.
(2) Persons may hunt on another’s property only when possessing written permission from the property owner dated within the current calendar year.
(3) If accessing a hunting area requires passing through other private land, a hunter must receive written permission dated within the current calendar year from that landowner to pass through the land into a designated hunting area.
(F) Safety. Permitted hunters must adhere to all of the following guidelines.
(1) Elevation. Arrows must be fired from at least three yards (nine feet) above ground level and toward the interior of the hunting parcel.
(2) Tract size. Hunting is allowed only on a tract or parcel of land (or an aggregation of contiguous tracts or parcels) that is at least five acres in size.
(3) Buffer. Arrows may not be fired from, nor be propelled to within, 50 yards (150 feet) of any dwelling or road right-of-way except that the 50-yard (150 feet) provision shall not apply to the hunter’s own dwelling unit.
(4) Daycare, schools, churches, parks. Arrows may not be fired from, nor be propelled to within, 100 yards (300 feet) of any daycare, elementary or secondary school, church or town park.
(5) Hours. Hunting hours shall be in accordance with established North Carolina Wildlife Commission Guidelines.
(G) Assumption of risk.
(1) Notice is hereby given that the town makes no warranties and assumes no liability for the actions of persons hunting with a town hunting permit or persons allowing hunters to make use of their property for hunting or access. Nothing herein shall prevent the voluntary or contractual shifting of any risk of loss by and between the property owners and permitted hunters.
(2) A person exercising privileges granted pursuant to this section voluntarily assumes full responsibility for any risk of loss, property damage or personal injury, including death, caused or incurred by the hunter and shall indemnify and hold the town harmless from any such claims.
(3) A person exercising privileges granted pursuant to this section to use property owned or controlled in whole or part by the town is deemed to have released, waived, discharged and covenanted not to sue the town for any loss, damage, or injury, including death, that may be sustained while participating in such activities, however caused or sustained.
(Ord. 2015-02-03, passed 2-2-15)