The Hunting and Fishing Ordinance

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The Hunting and Fishing Ordinance

Post by Riley » Mon Apr 14, 2014 2:02 pm

Legislative Drafting Desk
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.

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ORDINANCE NO. #019-JS
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.
    THE PEOPLE OF THE CITY OF LOS SANTOS
    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.
    Sec. 2 General provisions
    • (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.
    Sec. 3 Licensing and 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.
    Sec. 4 Private property
    • (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.
    Sec. 5 Places to hunt
    • (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.
    Sec. 6 Hunting season
    • See attached Addendum C for hunting seasons.
    Sec. 7 Airborne hunting
    • (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.
    Sec. 8 Endangered species
    • (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
      Image
      Addendum B: Fishing areas
      Image
      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.
      I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Santos, at its meeting of April 11, 2014.
        LAOS MACEN, City Clerk

        By ___Laos Macen_____
        City Clerk
          Approved April 11, 2014
            By _Jonathan Schrader__
            Mayor

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            Re: The Hunting and Fishing Ordinance

            Post by Warmonkey » Mon Apr 28, 2014 6:29 pm

            Department of Public Works
            Bureau of Licensing


            THE HUNTING AND FISHING ORDINANCE [019-JS] EXPLAINED
            by
            Kenneth Harrison, J.D.
            Author and Sponsor of the Ordinance


            Los Santos and its surrounding countryside especially have long lacked a comprehensive legal framework wherein those who choose to exercise their Second Amendment right to bear arms in pursuit of hunting could act. Prior to the enactment of this Ordinance, there existed no hunting areas, no way in which property owners could designate their stock as game, and no limitations on some of the reckless manners in which some would hunt.

            Because the Ordinance is law, a certain degree of formalistic, technical language had to be used during its drafting. This is mainly due to the fact that when a court interprets a law, it is not like reading a story. The words do not need to flow or interest the reader. The words need to set out a specific set of rules which can often only be brought across best with the use of unorthodox language and grammar. Therefore, this document has been created to simplify the Ordinance for practical purposes. This explanatory guide does not carry the force of law.

            WHAT YOU CAN AND CANNOT DO
            • When hunting with a firearm, you are not allowed to be near an inhabited building, be it a house, an office, or a hut that from time to time is used by people. If there is a reasonable chance for that building to be inhabited, then you may not hunt near to it. The Ordinance states you must be a "reasonable safe distance" from such a building. What constitutes this distance depends on Licensing Bureau regulations and common sense. You may be fined between $5,000 and $35,000 for violating this rule, and have your named flagged as a reckless hunter in the Hunting Registry.
            • If you can see or reasonably should be able to see a tar road from where you are hunting with your firearm, it is illegal to hunt there under the Ordinance. You may be fined between $5,000 and $35,000 for violating this rule, and have your name flagged as a reckless hunter in the Hunting Registry.
            • If you own game (huntable animals), you do not need an FHL to hunt them on your property if it is within the designated hunting zones.
            • You may not hunt or harass game from an aircraft (including helicopters). If you do this, or participate in doing this with someone else, you may be fined between $1,000 and $15,000 by the Bureau and be flagged as an airborne hunter on the Hunting Registry.
            • Hunting animals which are considered endangered or threatened by San Andreas or United States law is an offense under the Ordinance. The Bureau may fine you between $5,000 and $50,000 if you violate this rule and flag you as a hunter of endangered animals ib the Hunting Registry. You may be held liable under the relevant state and federal law, separately. Note that these animals are not considered game, therefore you may not hunt them under any circumstances, including on your own property.
            LICENSING
            • If you are an aspiring hunter, and you intend to hunt with a firearm (that is, a gun which fires bullets), you must posses both a Permission to Purchase a Firearm (PF) License and a valid Firearm Hunting License (FHL). Any license which supersedes the PF License, such as a Carry a Concealed Weapon (CCW) License, is also permitted and encouraged. The PF and CCW licenses are regulated and granted by the Los Santos Police Department and not the Bureau of Licensing. You must contact the LSPD and consult their Licensing Desk on their website (http://pd.lsgov.us/forum/viewforum.php?f=846) for more information and updates. After you have acquired your valid PF license, you must then acquire your FHL from the Bureau of Licensing (and not the LSPD).
            • When you are in the process of acquiring your FHL from the Bureau, you must in the prescribed form indicate exactly which firearms you will be using for your hunting purposes and all the relevant accompanying information (which would be determined by the Bureau). You must also declare whether or not you have a gun safe where you keep your firearm when not using it for hunting.
            • Your FHL may be revoked by the Bureau if you have been determined to hunt recklessly, if you have committed one of the offenses prescribed by the Ordinance or if you have committed a relevant crime in terms of the Penal Code or other legislation. If your FHL is revoked you cannot hunt until it has been reissued.
            • Pursuant to Section 3(L) of the Licensing Ordinance, the Bureau may conduct random inspections of your facilities and equipment which is relevant to your hunting practices. This would include your weapon safe, the holster of our weapon in your vehicle, your medical and hunting facilities if you are the owner of a game farm, and so forth. The Bureau will not and legally cannot inspect or search anything which is irrelevant to your hunting practices.
            GAME FARM
            • As mentioned above, you do not need an FHL to hunt your own game on your own property (which still must be in the designated hunting zones).
            • If you wish to hunt game on another's private property, you must have an FHL (as normal) and have the express permission of the lawful owner of that property. If you do not comply with this, you may be fined between $5,000 and $15,000 and flagged as hunting in an unlawful location on the Hunting Registry. The property owner may also institute legal proceedings against you, separately.
            • If you own a farm or location as well as the game which inhabit the area, and you wish to allow other hunters to use your farm to hunt your game, you must inform the Bureau of Licensing of this fact and supply them with all the information they prescribe. This must include the perimeter of your property. Furthermore, you must indicate to the relevant hunters who are going to use your property for hunting the perimeter in which they may hunt. You must also reasonably make sure that the hunters can hunt safely on your property as well as take steps to ensure they have any information which may be relevant to their safety, such as the presence of dangerous animals. Violating this rule allows the Bureau to fine you between $5,000 and $15,000, and flag you as negligent owner of a game farm on the Hunting Registry. The hunters may also, if applicable, institute legal proceedings against you, separately.
            DESIGNATED HUNTING LOCATIONS
            • Land hunting: i61.tinypic.com/348ix3m.jpg
            • Sea/maritime hunting (fishing with a firearm): i59.tinypic.com/6zlb7r.jpg
            Kenneth Harrison, Esq.
            Fmr. Assistant State Clerk
            San Andreas State Legislature
            Hon. Thomas Spencer
            Associate Justice (Ret.)
            Superior Court of San Andreas

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