[Added 9-16-2015 by Ord.
No. 27-2015[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Deer Hunting on Municipally Owned Property and amended the title of
this chapter, which was formerly Deer Management.
The governing body of the Borough of Hopatcong has determined
that wildlife management on municipally owned property is necessary
to provide for the health, safety, and welfare of the residents of
the Borough, and to ensure that healthy wildlife populations are maintained
and plant and animal life which make up the ecosystems of the natural
areas within the Borough are not irreparably damaged or destroyed.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Any long bow, re-curve 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.
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.
Any wildlife for which a legal hunting or trapping season
has been established by applicable law or regulation.
The possession of an instrument used to take wildlife in
a condition that makes the instrument readily usable, while in place
of proximity thereto where wildlife may be found.
A.
Creation. The Mayor shall appoint a Wildlife Management Task Force
("WMTF") to serve on an annual basis. The WMTF shall develop and recommend
to the governing body a wildlife management plan for the conduct of
public hunting and/or of any other method of wildlife management,
control or preservation on municipally owned property.
B.
Yearly report and recommendation. Approximately June 15 of each year,
the WMTF shall recommend a wildlife management plan to the governing
body which shall advise as to whether a hunt should take place, the
number of permits that should be issued, the areas to be hunted and
the time periods for hunting. The governing body shall consider the
recommendations by the WMTF and, if it agrees, adopt a resolution
setting forth the details of the wildlife management plan including
application dates and deadlines. The resolution shall be posted in
the Borough and on the Borough's website.
C.
State assistance. The wildlife management plan should be developed
with the assistance of the New Jersey Division of Fish and Wildlife,
and none of its provisions shall be in conflict with state hunting
or wildlife control laws or regulations.
A.
General restrictions. The hunting, shooting, harvesting and removal
of any game species on municipally owned property shall be permitted
only in accordance with the provisions of this chapter.
B.
Permit required. No person shall be permitted to hunt, shoot, harvest
or remove any game species from municipally owned property or carry
or possess a bow and arrow or lawful firearm upon said lands for such
purposes unless that person has applied for and received a municipal
game management permit ("permit") for such activity.
C.
Permissible methods. Unless otherwise limited by an approved wildlife
management plan, applicants successful in obtaining a permit to hunt
game species on municipally owned property may use any lawful methods
prescribed by N.J.S.A. Title 23 of the Revised Statutes of New Jersey,
as amended, N.J.A.C. 7:25-5 et seq. ("Game Code"), and all other codes,
rules and regulations promulgated thereunder.
A.
Prior to engaging in hunting activity, any individual desiring to
hunt game species on designated municipal property and who meets the
eligibility requirements set forth in this chapter shall apply for
and receive a permit from the Borough Clerk. A permit shall be obtained
by application to the Borough Clerk, which shall contain the following:
(1)
Photocopy of applicant's driver's license or other government-issued
photo ID.
(2)
The applicant's license plate number and photocopy of vehicle
registration.
(3)
Copy of current New Jersey bow and arrow license, firearm license,
trapping license or all-around sportsman license.
(4)
A signed certification that the applicant is not prohibited by law
from possessing a bow and arrow or lawful firearm and has not been
convicted of any felonies. Any applicant who is prohibited by law
from possessing a bow and arrow or lawful firearm who has been convicted
of a felony shall not be eligible for a permit.
(5)
A signed waiver, indemnification and release of liability agreement.
B.
Applications shall be available in the Borough Clerk's office
and on the Borough's website.
C.
Any hunter who has violated any local regulations pertaining to parks
or hunting shall be disqualified.
D.
Permits shall be available to duly licensed hunters meeting the requirements
established by the State of New Jersey and the Borough of Hopatcong.
Permit fees, if necessary, shall be determined by resolution
adopted by the governing body.
The following rules and regulations shall apply to all municipal
game management permits issued by the Borough of Hopatcong:
A.
All hunting activity must be conducted in compliance with all of
the laws, rules and regulations of the State of New Jersey and the
Borough of Hopatcong.
B.
Each permittee shall be assigned a hunting identification number
and shall be required to display said identification number 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 Borough of Hopatcong.
C.
Permits are nontransferable.
D.
Permittees shall be authorized to hunt only the property designated
by the Borough of Hopatcong and shall be responsible for knowing where
they are at all times.
E.
Unless otherwise limited by an approved wildlife management plan,
permitees may hunt any lawful game species on municipally owned property.
F.
All season dates, bag limits and hunting zones set according to N.J.A.C.
7:25-5 et seq. and the Fish and Game Council shall apply. In the event
the Borough of Hopatcong secures a community-based deer management
program permit issued by the Division of Fish and Wildlife, special
rules shall apply regarding season dates, bag limits and other regulations.
G.
All hunting shall 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 no later than 15 days following
the expiration of the permit. Fall-arrest safety harness protection
shall be used when utilizing tree stands.
H.
Motor vehicles shall be restricted to public roads.
I.
Target practice is strictly prohibited. For purpose of this chapter,
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.
J.
Any permit issued by the Borough of Hopatcong may contain such additional
conditions as the Borough of Hopatcong and the Police Department determine
are reasonably required to ensure the safety of the Borough's
residents, including but not limited to limiting the days and times
during which permittees may hunt and restricting the areas upon which
permittees may hunt.
Permits shall be valid only during the applicable state-approved
hunting seasons, as said dates may be amended from time to time by
the New Jersey Fish and Game Council.
The Borough Clerk and 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
Borough, is threatened. The WMTF 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 Borough Clerk and the Police Department
are 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.
A.
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 chapter, 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, including but not
limited to the general penalties set forth in this Code.[1] The maximum penalty for a first offense shall be $500.
The maximum penalty for a second or subsequent offense shall be $1,000.
The provisions of this article and provisions of any rules and
regulations adopted by the Borough Council shall be enforced by the
Hopatcong Police Department.
