(A) It shall be unlawful for any person to discharge an air rifle, air pistol, air gun, slingshot or any like instrument used to eject a pellet or projectile or to discharge a pistol, rifle, shotgun or other gun within the corporate limits except a police officer in the performance of his duty.
(B) This section shall not apply to firearms discharged by members and instructors of the Morehead High School Reserve Officers Training Corps in a firing range maintained by the Rockingham County Consolidated Schools as a part of its ROTC program.
(C) This section shall not apply to firearms discharged by members of the Eden Gun Club in the firing range maintained by the Rockingham County Consolidated Schools as a part of its ROTC program so long as the firearms discharged are .22 caliber or less.
(D) This section shall not apply to the discharge of firearms on any firing range owned by the city.
(E) This section shall not apply to city employees assigned to protecting the city’s infrastructure from damage caused by animals burrowing on city property.
(F) This section shall not apply to the discharge of firearms by any person who is in possession of a valid City of Eden Depredation Permit, and is acting within the scope of the permit as set forth below.
(1) A city of Eden depredation permit is intended to allow the permitee to destroy, by use of a firearm, wildlife injurious to agriculture or personal property. Any person desiring a depredation permit must submit an application on a form approved by City Council on file with the Eden Police Department. Such permit shall be issued by the Chief of Police or his designee when all of the following conditions are sufficiently met to the satisfaction to the Chief of Police. Such permit is subject to revocation by the Chief of Police if any condition herein is violated.
(a) Applicant shall possess a valid North Carolina hunting license.
(b) Applicant shall demonstrate significant damage to agriculture, personal or real property caused by the wildlife on property to which the permit will be issued.
(c) Upon issuance, the permit shall specify the individual authorized to execute the permit, the real property whereupon the individual shall execute the permit, and the specific wildlife to which the permit applies.
(d) Applicant must be the owner of the real property or have the written permission of the property owner to which the permit will be issued.
(e) Property to which the permit is issued shall be a minimum of ten (10) contiguous acres.
(f) Any discharge of a firearm pursuant to this section shall be no closer in proximity than 500 feet to any dwelling. Shotguns, excluding rifles and handguns, are the only permitted firearms to enforce this permit. The use of slugs is prohibited. When using buckshot shot gun shells, weapons must be fired from a downward angle.
(g) A permit granted hereunder shall be valid for ten (10) consecutive business days and shall be executed during the hours of 8:00 AM until 5:00 PM.
(h) If the real property to which to which permit is issued contains a business located thereupon, such business shall be closed during the execution of the permit.
(i) Prior to execution of the permit, the applicant shall contact the Eden police department communication center.
(j) Disposal of wildlife shall be in compliance with state and federal wildlife regulations.
(k) All federal or state depredation permits, if required, must be obtained prior to application of city permit.
(G) This section shall not apply to Deer hunting by bow and arrow as defined by the North Carolina Wildlife Resources Commission. Deer hunting by bow and arrow as defined by the North Carolina Wildlife Resources Commission is permitted on private property during the Central North Carolina deer season as established by the North Carolina Wildlife Resources Commission, including any urban archery season approved by the North Carolina Wildlife Resources Commission. A person may engage in deer archery on his or her own property if he or she has on his or her person a valid North Carolina hunting license (or qualifies for an exemption from licensing by the North Carolina Wildlife Resources Commission), or on the property of another in their absence if he or she has on his or her person both a valid North Carolina hunting license (or qualifies for an exemption from licensing by the North Carolina Wildlife Resources Commission) and written permission from the property owner or the property owner’s authorized agent or manager. Parcels or tracts of land that are either owned by a person engaged in deer archery or for which that person has been given written permission to hunt shall be referred to as “areas of consent.” Deer archery may only occur within areas of consent when the following requirements are met:
(1) Deer archery must be conducted from a permanent or portable elevated platform of at least ten (10) feet above the ground; and
(2) Areas of consent must be a minimum of five (5) contiguous acres in area and may be comprised of one (1) or more parcels of land; and
(3) Hunters are required to obtain a permit from the Eden Police Department, documenting the parcels being hunted; and
(4) No arrows shall be discharged within 500 feet of any residential dwelling, school, church, commercial building, governmental property, occupied structure, street park, or other recreational area, nor shall any arrow be discharged within 500 feet of the perimeter of the area of consent; and
(5) No arrow shall be discharged from or onto any City of Eden owned property included any water or sewer Right-of-Way; and
(6) Hunters shall make every reasonable effort to track wounded deer for the purpose of completing the harvest and recovering the carcass; and
(7) There is a valid hunting season in effect for which the hunting license applies at the time the bow is discharged; and
(8) The hunter adheres to all applicable State and Local regulations; and
(9) The person discharging the bow exercises reasonable regard for the safety and property of other persons.
(10) The use of crossbows is prohibited.
(1989 Code, § 8-1) (Am. Ord. passed 12-11-90; Am. Ord. passed 11-16-99; Am. Ord. passed 6-17-08; Am. Ord. passed 3-19-13; Am. Ord. passed 8-21-18) Penalty, see §§ 8-3 et seq.
Cross-reference:
Possession of alcoholic beverages on property used for firing range prohibited, see § 13-191
Statutory reference:
Authority to regulate discharge of firearms, see G.S. § 160A-189