(A) A city may by ordinance create and establish a bird sanctuary within the city limits pursuant to G.S. § 160A-188. Although the Town of Elkin has had signs posted for numerous years at town limits declaring the Town of Elkin to be a bird sanctuary, there is no record of an ordinance being filed with the North Carolina Department of Transportation. The Town of Elkin Board of Commissioners finds that it is appropriate that a bird sanctuary within the town limits be created. Therefore, a bird sanctuary is hereby created and established within the town to conform to the corporate boundaries thereof.
(B) This section may not protect any birds classed as a pest under G.S. Chapter 113, Art. 22A, and the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide Law of 1971. When a bird sanctuary has been established, it shall be unlawful for any person to hunt, kill, trap, or otherwise take any protected birds within the town limits except pursuant to a permit issued by the North Carolina Wildlife Resources Commission under G.S. § 113-274(c)(la) or under any other license or permit of the Wildlife Resources Commission specifically made valid for use in taking birds within city limits.
(C) Protected birds shall be deemed to include all types and classes of birds not designated as unprotected by the Wildlife Resources Commission or by any law of the state.
(Ord. effective 5-13-2013)