[HISTORY: Adopted by The Commissioners of St. Michaels 5-25-2004
by Ord. No. 310. Amendments noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 166.
This chapter shall be known and may be cited as the "Hunting Ordinance."
The Town recognizes the right of property owners in those areas of St. Michaels described as "hunting eligible areas" and "hunting eligible land" as defined in § 197-3 of this chapter to hunt on their own land, and to have guests hunt on their land, subject to certain limitations for the safety and peace of persons occupying neighboring properties.
A.
Undefined terms. Except for those words and terms defined
herein, all other words and terms shall have their normal and ordinary meaning
within the context of this chapter.
B.
Terms defined by Maryland Code, Natural Resources Article,
Title 10 (Wildlife), Subtitle 1 (In General). All of the words and terms defined
in Maryland Code, Natural Resources Article, § 10-101 (Definitions),
and the definitions of such words and terms, as such section may hereafter
be amended from time to time, are incorporated herein by reference.
C.
Shall is mandatory; may is discretionary or permissive.
D.
COMMERCIAL ACTIVITY RELATING TO HUNTING
COMMISSIONERS
FAST LAND
HUNTING-ELIGIBLE AREA
HUNTING-ELIGIBLE LAND
OWNER
SUBMERGED LAND
TOWN
WILD GAME
Definitions. For the purposes of this chapter, the following
words and terms shall be defined and interpreted as follows:
Includes paid hunting rights, a paid hunting party, a paid hunting
guide, operation of a hunting club, hunting lodge or hunting membership organization,
or hunting in exchange for any compensation (whether money, services, or otherwise).
The term "commercial activity relating to hunting" shall not include the sale
of hunting weapons, equipment or supplies, or the cleaning and dressing of
wild game.
The governing body of the Town of St. Michaels, Maryland.
All land except submerged land (as defined herein).
An area within the Town that has been registered in writing with
the Town by the owner of the hunting-eligible land as a hunting-eligible area,
and which shall consist of a hunting-eligible land (as defined herein) and
may include a riparian area appurtenant to the hunting-eligible land.
One or more parcels of land which:
A natural person who is a record title owner of the hunting-eligible
land which is, or forms a part of, the hunting-eligible area on which the
hunting is occurring.
Land below the mean high tide mark on tidal waters, affected by the
regular rise and fall of the tide; or below the mean high-water mark on nontidal
waters.
That Maryland municipal corporation known as "The Commissioners of
St. Michaels."
Game birds or mammals, as defined by Maryland Code, Natural Resources
Article, § 10-101 (Definitions).
A person shall not engage in, cause or permit hunting within the Town
boundaries except in strict accordance with each of the following conditions:
A.
Hunting within the Town boundaries shall be limited to
the hunting of wild game within a hunting-eligible area.
B.
The person or persons who hunt within a hunting-eligible
area shall be limited to the following:
(1)
An owner of the hunting-eligible land that is within
the hunting-eligible area in which the hunting is occurring;
(2)
A resident of the hunting-eligible land that is within
the hunting-eligible area in which the hunting is occurring, who is related
by blood or marriage to an owner of the hunting-eligible land; and
(3)
Any person accompanied by an owner of the hunting-eligible
land that is within the hunting-eligible area in which the hunting is occurring.
C.
A hunter shall comply with all applicable federal and
Maryland hunting laws and regulations.
D.
While hunting a hunter shall have on his or her person
at all times, and shall display immediately upon the request therefor by any
police officer, Natural Resources Police, or game warden having jurisdiction
within the Town, the required hunting license, personal identification and
any required written permission to hunt in the hunting-eligible area.
E.
There shall be no commercial activity relating to hunting
conducted within the Town boundaries.
F.
Notwithstanding the prohibition against the discharging of firearms within the Town as provided in Chapter 166, Firearms, of the Code of the Town of St. Michaels, a firearm may be discharged within the Town under the authority of this chapter, provided that:
(1)
Such firearm is discharged within a hunting-eligible
area by a person in the act of hunting pursuant to and in strict compliance
with the conditions of this chapter;
(2)
Such firearm is not discharged at such a direction and
angle as to cause or permit the projectile to leave the hunting-eligible area
in which is discharged; and
(3)
Such firearm is a shotgun, a muzzle-loading rifle, a
muzzle-loading shotgun, a muzzle-loading handgun, or a muzzle-loading revolver.
A.
Once the person charged with the first violation of this
chapter has received the municipal infraction citation for that first violation,
it shall not be necessary to deliver a municipal infraction citation for a
subsequent violation of the same section or provision of this chapter before
issuing a municipal infraction citation for any further subsequent violation
or offense involving the same provision or section of this chapter.
B.
A violation of any provision of this chapter, or failure
to comply with any requirement thereof, shall constitute a municipal infraction.
Any person found by a court of competent jurisdiction to have violated this
chapter for the first time shall pay a fine equal to the maximum allowable
amount permitted by Maryland law for a first offense of a municipal infraction.
The fine for a person who is found by a court of competent jurisdiction to
have violated this chapter more than one time shall be guilty of a subsequent
offense and shall pay a fine equal to the maximum allowable amount permitted
by Maryland law for a subsequent offense of a municipal infraction.
C.
Each violation of this chapter shall constitute a separate
offense, subjecting the violator to a separate penalty. A separate violation
of this chapter or separate offense shall mean:
(1)
The continuing violation of the same section or provision
of this chapter by the same person at the same location on each separate date;
(2)
The separate occurrence of a violation of the same section
or provision of this chapter by the same person at the same location on the
same date;
(3)
The violation of the same section or provision of this
chapter by the same person at a separate property on the same date; or
(4)
The violation of each section or provision of this chapter
by the same person on the same date.
D.
A subsequent violation or offense shall mean any separate
offense involving a violation of the same section or provision of this chapter
for which the same person has been previously cited for a municipal infraction,
and involving:
A.
Nothing contained in this chapter shall prevent the Town
from taking such other lawful action as is necessary to prevent or remedy
any violations of this chapter. In addition to, or as an alternative to, citing
a violator of this chapter for a municipal infraction and seeking imposition
of the penalties associated therewith, the Town may bring a civil action for
declaratory judgment and/or injunction to interpret and/or compel compliance
with this chapter.
B.
A person who has been cited with a municipal infraction,
and paid a fine and/or been found guilty, for a violation of this chapter,
and who after service of such citation upon him or her fails to comply with
the same provision of this chapter that is the subject of the said citation,
upon being found in violation of such provision of this chapter by a court
of competent jurisdiction, shall pay to the Town all of the attorneys' fees,
court costs and all other litigation costs incurred by the Town in any civil
action brought by the Town against such person for a declaratory judgment
and/or injunction to compel compliance with this chapter by such person after
the service of such citation for a municipal infraction.
The provisions of this chapter shall be liberally construed to effectively
carry out its purposes, which are hereby found and declared to be in furtherance
of the public health, safety, welfare and convenience of the Town.
