GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 221

HOUSE BILL 327

 

AN ACT TO PROVIDE THAT ALL LAW ENFORCEMENT OFFICERS OF THIS STATE HAVE THE AUTHORITY TO ENFORCE THE RULES PROMULGATED BY THE DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT AND THE WILDLIFE RESOURCES COMMISSION REGARDING THE WILLFUL REMOVAL OF, DAMAGE TO, OR DESTRUCTION OF ANY PROPERTY ENTRUSTED TO THOSE ENTITIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 113-264(a) reads as rewritten:

"(a)      The Department and the Wildlife Resources Commission are granted the power by rule to license, regulate, prohibit, or restrict the public as to use and enjoyment of, or harm to, any property of the Department or the Wildlife Resources Commission, and may charge the public reasonable fees for access to or use of such property. 'Property' as the word is used in this section is intended to be broadly interpreted and includes lands, buildings, vessels, vehicles, equipment, markers, stakes, buoys, posted signs and other notices, trees and shrubs and artificial constructions in boating and  fishing access areas, game lands, wildlife refuges, public waters, public mountain trout waters, and all other real and personal property owned, leased, controlled, or cooperatively managed by either the Department or the Wildlife Resources Commission.

Every wildlife protector and every law enforcement officer of this State and its subdivisions shall have the authority within his or her established jurisdiction to enforce the rules promulgated pursuant to the power granted by this section regarding the willful removal of, damage to, or destruction of any property of the Department or the Wildlife Resources Commission."

Sec. 2.  To the extent that this act conflicts with any provision of any local act, this act prevails.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 5th day of June, 1989.