Township of Byram, NJ Deer Hunting on Municipally Owned Property

The Byram Township Mayor and Council has determined that whitetail deer management on municipally owned property is a necessary duty of the Township to ensure that the health of the whitetail deer herd is maintained, plant and animal life which makes up the ecosystems of the natural areas within the Township are not irreparably damaged or destroyed, and to ensure the safety and welfare of the residents of the Township.

§ 182-15 Definitions.

For the purpose of this article, the following terms shall have the meanings indicated:

BOW AND ARROW

Any long bow, recurve bow, compound bow or crossbow used to shoot a slender, straight, generally pointed missile or weapon equipped with feathers or vanes at the end of the shaft near the nock, for controlling flight.

FIREARM

Any gun, shotgun, rifle, pistol, revolver or other device from which a bullet, shot, ball, slug or other solid projectile is propelled by means of a cartridge or shell or the action of an explosive or the igniting of flammable or explosive substances.

HUNTING

The possession of an instrument used to take wildlife in a condition that makes the instrument readily usable, while in a place of proximity thereto where wildlife may be found.

§ 182-16 Bow and arrow hunting permitted; permit required.

General restrictions. Harvesting white-tailed deer on municipally owned property shall be permitted only in accordance with the provisions of this article.

Permissible methods. Applicants with a permit as required in Subsection C below to hunt deer on municipal property are restricted to use of bow and arrow. All other methods of hunting, including the possession and use of firearms are strictly prohibited.

Permit required. No person shall be permitted to hunt, shoot, harvest or remove whitetailed deer from municipally owned property or carry or possess a bow and arrow upon said lands for such purposes unless that person has applied for and received a municipal deer management permit ("permit") for such activity.

§ 182-17 Annual report and recommendation.

Approximately June 15 of each year, the Open Space Committee shall recommend to the governing body whether a hunt should take place, the number of permits, the areas to be hunted and the time periods for the hunt. The Mayor and Council shall consider the recommendations and, if they agree, pass a resolution setting forth the details, including the application date. The resolution shall be posted in the Township and on the Township's website.

§ 182-18 Application process.

Prior to engaging in hunting activity, any individual desiring to hunt whitetailed deer on designated municipal property with a bow and arrow and who meets the eligibility requirements set forth in this article shall apply for and receive a permit from the Township. A permit shall be obtained by application to the Township, which shall contain the following:

(1)

Photocopy of his/her driver's license or other issued government photo ID.

(2)

The applicant's license plate number and car registration.

(3)

Copy of a current New Jersey bow-and-arrow hunting license or all-around license.

(4)

A signed certification that the applicant is not prohibited by law from possessing a bow and arrow and has not been convicted of any felonies. Any applicant who is prohibited by law from possessing a bow and arrow or who has been convicted of a felony shall not be eligible for a permit.

(5)

A signed waiver, indemnification and release of liability agreement.

Applications shall be available in the Township Clerk's office and on the Township website. Licenses will be issued by a designee of the Township Manager.

Any hunter who has violated local regulations pertaining to parks or hunting will be disqualified.

Permits shall be available to duly licensed hunters meeting the requirements established by the State of New Jersey and the Township of Byram.

Applicants who hunted in prior years must have submitted a harvest report prior to a permit being issued.

§ 182-19 Permit fees.

Permit fees, if necessary, shall be determined by resolution.

§ 182-20 Rules and regulations.

The following rules and regulations shall apply to any municipal deer management permit issued by the Township:

All hunting activity must be conducted in compliance with all of the laws, rules and regulations of the State of New Jersey and the Township of Byram.

Each permittee will be assigned a permit and will be required to display his or her permit prominently on his or her person and vehicle when engaging in hunting activities. This shall include any devices such as armbands, dash plaques or any other identification deemed appropriate by the Township of Byram.

Permits are nontransferable.

Permittees shall be authorized to hunt only the property designated by the Township of Byram and shall be responsible for knowing where they are at all times.

Only whitetailed deer may be hunted; the hunting, shooting, killing, harvesting, trapping and pursuit or removal of any other wildlife is strictly prohibited.

All season dates and bag limits set according to N.J.A.C. 7:25-5 et seq. and the Fish and Game Council for deer management zones located within the Township shall apply. In the case of the Township of Byram securing a Community-Based Deer Management Program permit issued by the Division of Fish and Wildlife, special rules will apply as to season and bag limits or other regulations.

All hunting will be from an elevated position, either natural or artificial. Only portable stands that do not harm the trees shall be permitted. All stands shall be removed daily. Fall-arrest safety harness protection shall be used when utilizing tree stands. Vegetation removal for stand access should be minimal.

Motor vehicles shall be restricted to public roads.

Target practice is strictly prohibited. For purpose of this article, discharging a crossbow into a target at the end of a hunt for the purpose of uncocking the crossbow shall not be considered to be target practice.

Any permit issued by the Township of Byram may contain such additional conditions as the Township of Byram and Police Department determine are reasonably required to ensure the safety of the Township's residents, including but not limited to limiting the days and times during which the permittees may hunt thereon and restricting the areas on which the permittees may hunt.

Each hunter must file an annual harvest report by March 31 of the calendar year succeeding the permitted hunt season; reports can be mailed or e-mailed.

The Byram Township Police Department or Township Manager reserves the right to suspend the hunt and cancel permits for any reason when it is deemed necessary.

§ 182-21 Included properties.

Hunt permit areas will be designated by resolution.

Hunters must abide by all posting within the boundaries of the individual parcels being hunted.

§ 182-22 Duration of permit.

Permits shall be valid only during the applicable state-approved deer hunting seasons, as said dates may be amended from time to time by the New Jersey Division of Fish and Wildlife and the Fish and Game Council.

§ 182-23 Revocation of permit.

The Township Manager and/or the Police Department shall be authorized to revoke a permit issued hereunder at any time if the safety of any persons or the safety of personal property, including that of the Township, is threatened. A designee by the Township Manager may also make recommendations to revoke any permit. Violations by any permittee of any significant state or local rules and regulations pertaining to hunting or use of parkland shall also cause the permit to be revoked. Where such permit has been revoked or where persons or personal property are endangered as set forth above, the Township Police Department is authorized to require that such person or persons leave the area immediately and take all steps necessary to eliminate the condition which endangers persons or personal property.

§ 182-24 Violations and penalties.

All state and local regulations pertaining to parks and to hunting shall remain in full force and effect, and nothing herein shall be construed to abrogate same.

Violation of this article, any special condition or any applicable state or local regulation will result in the immediate loss of hunting privileges on the property and will subject the hunter to any applicable penalties.

Any person violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged property and shall be punishable as provided in § 1-15 of Chapter 1, General Provisions.

Any nonpermitted hunter will be considered trespassing and subject to the fines and penalties in Subsection B and may be prosecuted as a trespasser.

§ 182-25 Enforcement.

The provisions of this article and provisions of any rules and regulations adopted by the Township Council shall be enforced by the Byram Township Police Department or Township Manager or designee of the Township Manager.