GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 72

HOUSE BILL 150

 

AN ACT TO REQUIRE PERSONS HUNTING BIG GAME TO DISPLAY ON THEIR PERSON A MINIMUM AMOUNT OF HUNTER ORANGE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 113 of the General Statutes is amended by adding a new section to read:

" 113-291.8.  Requirement to display hunter orange. -(a) Any person hunting bear, deer, or wild boar, with the use of firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment of hunter orange visible from all sides.  Hunter orange material is a material that is a daylight fluorescent orange color.

This section does not apply to a landholder, his spouse, or children, who are hunting on land held by the landholder.

(b)       Any person violating this section during the 1987 big game hunting season shall be given a warning of violation only.  Thereafter, any person violating this section has committed an infraction and shall pay a fine of twenty-five dollars ($25.00).  An infraction is an unlawful act that is not a crime.  The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a fine.  A person convicted of an infraction may not be assessed court costs.

Wildlife Enforcement Officers are authorized to charge persons with the infraction created by this section.

(c)       Failure to wear hunter orange material in violation of this section shall not constitute negligence per se or contributory negligence per se."

Sec. 2.  This act shall become effective October 1, 1987.

In the General Assembly read three times and ratified this the 14th day of April, 1987.