This Charleston, West Virginia ordinance allows a person to hunt deer within city limits, but only upon certain conditions. For instance, a person must obtain a permit from the city, must hunt only with a bow and arrow, and must hunt only on certain tracts of land—amongst other things—in order to be compliant with these provisions. A violation of this ordinance is a misdemeanor and may result in fines ranging from $10 to $500, imprisonment for up to 30 days, or both. Additionally, a violation may suspend or revoke a person's hunting permit.
Sec. 10-171. Urban deer management.
(a) Urban hunting conditions. An urban deer hunt shall be lawful in the City of Charleston only under the following conditions:
(1) Hunting shall be by permit only issued under the terms of this chapter.
(2) The hunt shall be for deer only.
(3) Only bows and arrows may be used.
(4) Hunting may occur only on property with the written permission of the property owner and on city-owned property which has been designated as available for hunting by the city manager.
(5) All deer harvested must be legally checked at an official game checking station and reported to the city.
(6) No hunting may take place within 150 feet of a dwelling or other occupied building.
(7) No hunting shall take place closer than 500 feet from the property boundary of school property which contains a school building. For purposes of this section "school" means a public school or private school during periods when students are in attendance or participating in school activities.
(8) Persons shall at all times when hunting pursuant to a city permit carry valid photo identification, a copy of their city permit and their West Virginia state hunting license.
(9) The transportation of a deer carcass along any public right-of-way is prohibited unless it is covered or hidden from public view.
(10) All West Virginia hunting rules and regulations apply to hunting within the city.
(11) Any hunting activity including but not limited to field dressing or other handling of a carcass, must occur on the property specified in the city permit.
(12) All hunting shall be conducted from an elevated portable tree stand that is at least ten feet in height and faces the interior of the property. The stands and shooting lanes will be located in such a way as to direct arrows to the interior of the property.
(13) Hunting may take place on tracts of five contiguous acres or more and within a sufficient distance from the boundary that an arrow cannot reasonably travel outside the permitted tract. Each tract must be approved by the city manager.
(14) A property owner can designate and limit other persons allowed to hunt his or her land with a permit.
(15) The city will be responsible to dispose of any wounded deer or deer carcass found on non-permitted property.
(16) Hunting shall be allowed during the maximum time period permitted under state law and regulations promulgated by the West Virginia Division of Natural Resources for an urban deer hunt.
(b) Permits.
(1) In order to obtain a permit the applicant must meet and have evidence of compliance with all applicable state statutes, regulations and rules applicable to deer hunting with a bow and arrow. The city may impose additional requirements for a hunting permit and may limit the number of permits to be issued.
(2) The city may charge an administrative fee for permits not to exceed $25.00 per permit.
(3) The city manager is hereby authorized (i) to promulgate reasonable rules and regulations including the setting of license fees to regulate bow hunting and (ii) to select the tracts to be authorized for hunting as permitted herein.
(4) The city shall post the location of tracts approved for hunting on its website.
(c) Donated meat. Hunters are and shall be encouraged but are not required to donate the harvest to programs or organizations that will provide the meat to needy persons.
(d) Violations. In addition to any penalties for violations of state hunting laws or regulations, any person violating this Section or the rules and regulations promulgated pursuant to this section shall be guilty of a misdemeanor and subject to the general penalties as provided in section 1-8 of this Code.
(Bill No. 7153, 10-17-2005; Bill No. 7198, 7-3-2006; Bill No. 7396, 8-17-2009)
Charleston, West Virginia, Code of Ordinances. PART II - CODE OF ORDINANCES.Chapter 1 GENERAL PROVISIONS.
Sec. 1-8. General penalty; continuing violations.
(a) In this section, "violation of this Code" means any of the following:
(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
(b) In this section, "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(c) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine of not less than $10.00 and not more than $500.00, imprisonment for a term not exceeding 30 days, or any combination. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.
(d) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.
(e) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.
(Code 1975, § 1-7)
State law reference— Authorized penalty for ordinance violations, W. Va. Code §§ 8-11-1, 8-12-5(57), 8-34-1.