A. Title: This section shall be known as the KANE COUNTY NIGHT TIME PREDATOR HUNTING ORDINANCE.
B. Definitions: All words in this section shall be defined as set forth in the Utah State Code title 23.
C. Night Time Hunting Prohibited: No person shall hunt any animal, or possess a weapon with the intent to hunt any animal between dusk and dawn unless the person first complies with this section or there is some other exception or authorization in State Code or County ordinance. Nothing in this section shall be construed to prohibit the lawful protection of life and property. (Ord. O-2019-6, 2-25-2019)
D. Night Time Predator Hunting Requirements: Hunting for the predatory animals of coyote, red fox, striped skunk, and raccoon, at night, between dusk and dawn, is authorized so long as each person hunting complies with all of the requirements below and any other relevant State or local law:
1. Night Time Predator Hunting Permit: Prior to engaging in night time predator hunting all persons must first obtain a permit from the County Sheriff. The County Sheriff may only issue a permit after the applicant submits proof of one of the following: a) Utah Hunters Education Certificate of Completion (Blue Card), b) proof of date of birth prior to December 31, 1965, or c) a current Utah small game hunting license. The fee for the permit is twenty dollars ($20.00) which may be altered by resolution of the County Commission. Permits are valid through December 31st of the year of issue. Permits shall be uniquely numbered and kept on record in the County Sheriff's Office. The Sheriff may limit the total number of permits to address any public safety concern. (Ord. O-2019-8, 3-25-2019)
2. Notification: Prior to engaging in night time predator hunting all persons must first provide notice to the Sheriff's Office. The notice shall be provided on each day that the person or persons intend to hunt. The notice shall be provided by calling Kane County Dispatch (435-644-2349) and providing all of the following information:
a. Name, address, date of birth and permit number for each person who will be hunting,
b. Approximate hunting location,
c. Approximate time of hunting,
d. Vehicle make, model, year, color and plate number, and
e. Color of spot lights that may be used.
3. Season: Night time predator hunting may only be done between November 1st and August 31st.
4. Weapons: Any otherwise legal weapon may be used including shotguns and archery tackle except that firearms may not have a caliber larger than .25 and may not be able to fire automatically. Expanding bullets must be used.
5. Location: Hunting under this section is prohibited in the following locations:
a. Within one mile of any residence, city or town boundary, any subdivision boundary, or any paved or oiled roadway,
b. On private property unless the property owner gives written permission,
c. While occupying or operating any motor vehicle,
d. Any other location in Kane County that is otherwise limited or prohibited under State Code, and
e. Within one mile of any location that the Sheriff determines necessary to restrict night time hunting on a temporary basis for a specific safety concern. Examples include but are not limited to areas where youth events, sporting events, or any other activity known to the Sheriff where a large group of individuals will be camping over night. Nothing in this subsection places a duty on the Sheriff to restrict any area. In the event that the Sheriff imposes a temporary restriction, the Sheriff shall post written notice of the restricted area at the Sheriff's Office and provide verbal notice to the hunters who call Kane County Dispatch to provide notice each day of hunting under subsection D2 of this section.
6. Age Restrictions: Hunters under the age of sixteen (16) must be accompanied by a legal guardian who also complies with this section. Hunters who are sixteen (16) years or older but under the age of eighteen (18) must be accompanied by a person who is eighteen (18) years of age or older and who complies with this section.
7. Spotlighting: Any artificial lighting used during hunting permitted under this section shall be carried by the hunter and shall not be connected to or powered by any motor vehicle.
E. Property Damage: Hunters who hunt under this section shall be responsible for any and all damage to property due to the actions of the hunter.
F. Penalties: Any person who violates any provision of this section shall be guilty of a Class B misdemeanor and shall pay a fine of not less than six hundred eighty dollars ($680.00).
G. Severability: If any subsection of this section is deemed invalid, it shall only apply to that subsection and shall not affect the validity of this section as a whole or any part not deemed invalid. (Ord. O-2019-6, 2-25-2019)