Office of the Chief of Staff
Draft Paper on the Hunting and Fishing Ordinance
Author: Kenneth Harrison, J.D.
Credit to former Deputy Mayor Selina Meyer for laying a foundation - this is essentially, however, a full rework of her Bill unless otherwise stated.
An Ordinance to establish a regulatory framework for hunting and fishing in the LS-LV-SF Metropolitan Statistical Area. To be known as the Hunting and Fishing Ordinance. |
DO ORDAIN AS FOLLOWS:
Section 1. Definitions
- "991 nonemergency line" for the purposes of this Ordinance refers to the nonemergency telephone line operated by the Los Santos Police Department, or any other such telephone line utilized for a similar purpose by a recognized law enforcement agency.
"Aircraft" for the purposes of this Ordinance refers to any contrivance used for flight in the air.
"Firearm Hunting License" or "FHL" for the purposes of this Ordinance refers to a license as so issued in terms of Section 3 of this Ordinance which accordingly allows a hunter to hunt with a firearm.
"Game" for the purposes of this Ordinance refers to any animal (fish, birds and other animals included) which may, according to this Ordinance, be hunted.
"Hunt(ing)" for the purposes of this Ordinance refers to the pursuit and intention to kill game for sport or food. This includes both the Ordinances of hunting and fishing.
"Hunter(s)" for the purposes of this Ordinance refers to any person who engages in hunting or fishing. This definition encompasses both hunters and fishermen.
"Law enforcement agency" or "LEA" for the purposes of this Ordinance refers to the Los Santos Police Department and the San Andreas Sheriff’s Department, or any other recognized agency of similar purpose.
"Licensing official(s)" for the purposes of this Ordinance refers to any person who lawfully acts for and on behalf of the Los Santos Office of Licensing within the context of this Ordinance and who has the relevant authority to act in accordance with the relevant provisions of this Ordinance.
"Metropolitan Statistical Area" or "MSA" for the purposes of this Ordinance refers to the Los Santos-Las Venturas-San Fierro Metropolitan Statistical Area as defined and designated by the United States Census Bureau.
"(the) Office" for the purposes of this Ordinance refers to the Los Santos Office of Licensing.
"Penal Code" for the purposes of this Ordinance refers to the San Andreas Penal Code.
- (A) A hunter may only hunt with a firearm within a reasonable safe distance from any inhabited structure.
- (B) A hunter may not hunt with a firearm within visible range of a tarred roadway.
- (C) Violating Section 2(A) or (B) is deemed an offense in terms of this Ordinance, therefore
- (i) Depending on the severity of the violation, a licensing official may fine such person who violates Section 2(A) or (B) no less than $5,000 and no more than $35,000; and
- (ii) Such offense shall be recorded as “Reckless hunting” on the Hunting and Fishing Registry.
- (A) To hunt with a firearm on public territory in the Metropolitan Statistical Area, a hunter must
- (i) Lawfully possess and have on his person a valid Firearm Hunting License (FHL), issued from the Office; and
- (ii) Notify a local law enforcement agency of his intention to hunt by means of the 991 nonemergency line, in which he must detail the specific location for the hunting session, and the approximate duration of which the hunt will take place.
- (B) To acquire a valid Firearm Hunting License (FHL) from the Office, a hunter must
- (i) Possess a valid Permission to Purchase a Firearm (PF) license, which is issued by the Los Santos Police Department by and according to its own policies, or other relevant legislation; and
- (ii) Declare to the Office the weapons intended to be used for hunting, including all accompanying information concerning the weapon, its type, the caliber of bullets used, the magazine size (respecting Penal Code regulations); and
- (iii) Possess and legally own a gun safe wherein the aforementioned weapons must be kept during all times when said weapon is not in use.
- (C) A licensing official may revoke or suspend a hunter’s Firearm Hunting License if
- (i) Such hunter acts in a reckless or irresponsible manner in the course of their hunt; or
- (ii) Such hunter committed an offense in terms of this Ordinance; or
- (iii) Such hunter has committed a firearm or violence related offense in terms of other authoritative legislation, including and especially but not limited to the Penal Code.
- (D) The Hunting and Fishing Registry is to be a comprehensive list of all Firearm Hunting License holders and their license statuses, whereupon any hunting related offences in terms of this Ordinance or other relevant legislation is to be recorded.
- (E) The Office may also unilaterally determine within the confines of public policy what other information they wish to record on the Hunting and Fishing Registry that is relevant to the purpose thereof, in addition to other provisions of this Ordinance.
- (F) For the purposes of this subsection, fishing in public waters without a firearm does not require a license.
- (A) A hunter does not require an FHL to hunt personally his own game on his own property.
- (B) To hunt on the private property of another, a hunter must
- (i) Have the express consent of the property owner; and
- (ii) Have a valid FHL.
- (C) Violation of Section 4(B) is deemed an offense in terms of this Ordinance, therefore
- (i) Depending on the severity of the violation, a licensing official may fine such person who violates Section 4(B) no less than $5,000 and no more than $15,000; and
- (ii) Such offense shall be recorded as “Hunting at an unlawful location” on the Hunting and Fishing Registry.
- (D) If for whatever purpose an owner of game wishes to allow hunting to take place on his property, he must
- (i) Within reasonable time before the hunt inform the Office of this intention and accordingly provide the Office with relevant information (as so determined), including the perimeter, concerning his property as to be recorded on the Hunting and Fishing Registry;
- (ii) Clearly indicate to the hunters the perimeter of the property on which the hunt is to take place; and
- (iii) Reasonably ensure the safety of the hunters who are to hunt on his property.
- (E) Violation of Section 4(D) is deemed an offense in terms of this Ordinance, therefore
- (i) Depending on the severity of the violation, a licensing official may fine such person who violates Section 4(D) no less than $5,000 and no more than $15,000; and
- (ii) Such offense shall be recorded as “Negligence relating to allowance of hunting on private property” on the Hunting and Fishing Registry.
- (A) An owner of game may only in terms of Section 4 of this Ordinance allow hunting on his property if said property is located within the demarcated zones herein found.
- (B) Lawful places within the Metropolitan Statistical Area where hunting may take place either on public or private land are found on Addendum A (for hunting) and Addendum B (for fishing) attached.
- See attached Addendum C for hunting seasons.
- (A) In accordance with the Federal Fish and Wildlife Act of 1956, airborne hunting is deemed an offense. Any person who
- (i) While airborne in an aircraft shoots or attempts to shoot for the purpose of capturing or killing game; or
- (ii) Uses an aircraft to harass game; or
- (iii) Knowingly participates in using an aircraft for any purpose referred to in (i) or (ii);
shall be fined no less than $1,000 and no more than $15,000 by a licensing official.
- (B) An offense in terms of Section 7(A) is to be recorded as “Airborne hunting” along with the relevant subparagraph under Section 7(A) so violated in the Hunting and Fishing Registry.
- (C) Authorized agents or employees of a government institution, department, agency or bureau are exempted from (A) above when acting on behalf of said institution, department, agency or bureau to administer or protect or aid in the administration or protection of land, water, game, livestock, domesticated animals, human life, or crops.
- (A) Animals (therein included birds, fish and any other animal) classified as endangered or threatened under state or federal law may not within the context of this Ordinance be classified as game or hunted, unless otherwise stated by the applicable state or federal law.
- (B) Violation of Section 8(A) is deemed an offense in terms of this Ordinance entitled, therefore
- (i) Depending on the severity of the violation, a licensing official may fine such person who violates Section 8(A) no less than $5,000 and no more than $50,000; and
- (ii) Such offense shall be recorded as “Hunting of an endangered species” on the Hunting and Fishing Registry.
- Addendum A: Hunting areas
Addendum B: Fishing areas
Addendum C: Hunting seasons
MARCH
March 30: Wild turkey spring season opens.
MAY
May 5: Wild turkey spring season closes.
JULY
July 13: Opening deer season in Whetstone and Flint County.
AUGUST
Aug. 4: Closing deer season in Whetstone and Flint County.
Aug. 10: Opening deer season in Red County.
SEPTEMBER
Sept. 1: Opening dove season statewide.
Sept. 7: Opening deer seasons in Whetstone and Flint County.
Sept. 7: Opening day season for Sooty and Ruffed Grouse, 2 per day, or 4 in possession after opening day.
Sept. 7: Opening day for white-tailed ptarmigan, 2 per day, for 9 consecutive days.
Sept. 8: Closing deer season in Red County.
Sept. 15: Closing of first half of dove season.
Sept. 28: Opening day Early Coastal Quail Season.
OCTOBER
Oct. 6: Closing deer season statewide.
Oct. 19: Opening day General Quail and Chukar seasons.
Oct. 19: Opening day of goose season.
NOVEMBER
Nov. 2:Opening deer season in Whetstone and Flint County.
Nov. 3: Closing of season for Sooty and Ruffed grouse.
Nov. 9: Opening of Pheasant season. Two males per day first 2 days of the season, 3 males per day afterwards.
Nov. 9: Second dove season opens statewide.
Nov. 24: Closing day of fall turkey season.
DECEMBER
Dec. 22: Pheasant season closes.
Dec. 25: Second dove season statewide closes.
JANUARY 2015
Jan. 26: Closing of tree squirrel and rabbit seasons.
FEBRUARY
Feb. 1: Closing all deer hunting statewide.
Feb. 23: Closing hunting of special late white goose season statewide.
By ___Laos Macen_____ City Clerk |
Mayor |