NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 825

SENATE BILL 391

 

 

AN ACT TO PREVENT THE USE OF ARTIFICIAL LIGHT IN AREAS INHABITED BY GAME AND TO PROHIBIT THE TAKING OF FOXES OR DEER WITH DOGS IN ALAMANCE COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1. Any person who, from 30 minutes after sunset on any day until 30 minutes before sunrise on the following day, deliberately flashes or displays an artificial light from or attached to a motor-driven conveyance or from any means of conveyance attached to the motor-driven conveyance so as to cast the beam thereof beyond the surface of a roadway on any field, woodland or forest in an area frequented or inhabited by wild game animals shall be guilty of a misdemeanor. Every person occupying the vehicle or conveyance at the time of the violation shall be deemed prima facie guilty of such violation as a principal. The North Carolina Wildlife Resources Commission is authorized to issue permits to use lights for wildlife research purposes only.

Sec. 2. It is unlawful to pursue, hunt, take or kill deer or foxes with dogs.

Sec. 3. Each person violating the provisions of this act, shall, on the first conviction thereof, be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). Upon a second or subsequent conviction, such persons shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) or imprisoned not more than 60 days, or both, at the discretion of the court.

Sec. 4. The provisions of Section 1 of this act shall not apply to the person while on land owned by him in fee simple or in which he has a life estate or a person who leases land for agricultural purposes. The fact of ownership shall be a matter of defense in any prosecution for violation of Section 1 of this act.

Sec. 5. All lawful peace officers of the county and State, including wildlife protectors, shall have authority to arrest for violations of this act.

Sec. 6. This act shall apply to Alamance County only.

Sec. 7. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 7th day of June, 1979.