NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 289

SENATE BILL 427

AN ACT TO AUTHORIZE AND DIRECT THE BOARD OF COMMISSIONERS OF BERTIE COUNTY TO CALL AN ELECTION TO DETERMINE WHETHER THE COUNTY SHALL BY ORDINANCE PROHIBIT HUNTING FROM THE PUBLIC ROADS, STREETS AND HIGHWAYS IN SAID COUNTY.

The General Assembly of North Carolina enacts:

Section 1. The County Board of Elections of Bertie County shall hold a special election on or before August 1, 1975, for the purpose of submitting to the voters of the county the question of whether or not there should be adopted an ordinance making it unlawful for any person to hunt, take or kill any species of birds, animals or beasts, or attempt to hunt, take or kill any species of birds, animals or beasts by the use of firearms from the right-of-way of any public road, street or highway in Bertie County or to discharge any firearm from, on, across or over the roadway or right-of-way of any public road, street or highway in Bertie County.

The board of elections shall give notice of the election as required by law, and the special election shall be held and conducted in accordance with the general election laws of North Carolina.

Sec. 2. The ballot shall be in the following form:

[ ]      FOR prohibiting hunting and discharging any firearm from, on, across or over the right-of-way of any public road, street or highway in Bertie County.

[ ]      AGAINST prohibiting hunting and discharging any firearm from, on, across or over the right-of-way of any public road, street or highway in Bertie County.

If a majority of the votes cast are against prohibiting the hunting and discharging of firearms from the roadway or right-or-way of any public road, street or highway in Bertie County, then the Board of Commissioners of Bertie County shall not be authorized to enact any ordinance or regulation prohibiting such hunting and discharging of firearms.

If a majority of the votes cast are in favor of an ordinance to prohibit the hunting and discharging of firearms from the roadway or right-of-way of any public road, street or highway in Bertie County, then the Board of Commissioners of Bertie County, notwithstanding the provisions of any other law including G.S. 153A-129, are hereby authorized to enact an ordinance to prohibit any person from hunting or discharging any firearm from, on, across, or over the roadway or right-of-way of any public road, street or highway in Bertie County.

Sec. 3. In the event the County Commissioners of Bertie County enact an ordinance to prohibit the hunting and discharge of firearms from any road, street or highway or right-of-way of any road, street or highway in Bertie County, pursuant to the provisions of this act, the county commissioners are also authorized to provide for fines and penalties for violation of said ordinance pursuant to the provisions of G.S. 153A-123 and all law enforcement officers are authorized to enforce said ordinance.

Sec. 4. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 14th day of May, 1975.