#1396936 - 03/05/1205:53 PM
Re: Hunting in Woodbridge
[Re: Waterboy]
Waterboy
Member
Registered: 02/06/04
Posts: 521
Loc: Terryville
I think I found my answer.....sort of. Looks like they tried to add 500 Yards from Town Owned Property and it didn't pass. But this ordinance clearly is in effect at 500 Yards. Note words from the the Coalition of CT Sportmens at the end.
Woodbridge Proposed Ordinance
The Board of Selectmen will hold a public hearing on Monday March 22, 2010, 7:30 p.m. in the Town Hall Central Meeting Room. 11 Meetinghouse Lane Woodbridge, Ct to receive comments on the following proposed ordinances.
Following is the corrected text for the Firearms Ordinance 231-3. The correction is underlined.
Firearms – Town Property: Firearms Ordinances 231-3 of the Ordinances of the Town of Woodbridge shall be revised to read: “No hunting or target shooting or any other activity involving the discharge of any firearm, air gun, air rifle, crossbow, longbow or other weapon shall be permitted on any town-owned property or within 500 yards of any Town-owned property. The possession of any loaded firearm, air gun, air rifle, crossbow, longbow or other weapon shall be prima facie evidence of a violation of this section.”
A copy of the full text of the proposed Ordinances is on file in the Office of the Town Clerk and may be reviewed between the hours of 9:00 a.m. and 4:00 p.m., Monday, March 22, 2010. Thereafter comments should be submitted at the public hearing.
Dated at Woodbridge, Ct this 11th day of March 2010.
Board of Selectmen, Town of Woodbridge
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While we are opposed to restrictive hunting and shooting ordinances, most of which are not enforced, we know the town has the right to propose standards on its own property. However, this proposal addresses not just town property but adjoining properties, and roads. This ordinance also violates Preemption which has many precedents in law. The standard in virtually all court cases is: The town is a creature of the state and may not restrict what the state allows. Or “when a statute and an ordinance deal with a matter of state–wide concern and they conflict, the statute prevails regardless of the provisions of the special act.” It is clear to allow any town to create separate laws would create a chaotic “Balkanization” of state efforts to police and control the issue. Since DEP and State Statutes have “filled the field” – “There is no room in the state scheme for local ordinances.” Since any local ordinance can affect hunters from other than that locale who are aware of state statutes/regulations, but not local ordinances - this is a matter of state-wide interest. We discuss these restrictions in conflict w/statutes below to preclude any sportsmen/gun owners at a later date being arrested for violating these provisions and requiring a court case.
Sec. 53-204. Hunting or discharging firearm from public highway. Any person who hunts or discharges any firearm from any public highway shall be fined not more than one hundred dollars. This section shall not apply to any law or conservation enforcement officer in the performance of his duty. Enforcement officers of the Department of Environmental Protection are empowered to arrest for the violation of the provisions of this section.
DEP HUNTING LAWS AND REGULATIONS 2010 HUNTING AND TRAPPING FIELD GUIDE: “Hunting Near Roads, Buildings, People, and Domestic Animals - Hunting or shooting from or across the traveled portion of any public roadway is prohibited. Shooting toward any person, building, or domestic animal when within range is prohibited.” (Hunting is permitted under this statute at any distance from a road, street or highway but not from those byways.)
Sec. 53-206. Carrying of dangerous weapons prohibited. (b) The provisions of this section shall not apply to (b) (5) the carrying of a BB. gun by any person taking part in a supervised event or competition of the Boy Scouts of America or the Girl Scouts of America or in any other authorized event or competition while taking part in such event or competition or while transporting such weapon to or from such event or competition; and (6) the carrying of a BB. gun by any person upon such person's own property or the property of another person provided such other person has authorized the carrying of such weapon on such property, and the transporting of such weapon to or from such property. (The proposed ordinance by further restricting air rifles/pistols clearly conflict with this statute.)
The basic proposal “within 500 yards of any Town-owned property” is clearly preempted by DEP HUNTING LAWS AND REGULATIONS 2010 HUNTING AND TRAPPING FIELD GUIDE: 500 Foot Zone - It is prohibited to hunt with, shoot, or carry a loaded firearm within 500 feet of any building occupied by people or domestic animals, or used for storage of flammable material, or within 250 feet of such buildings when waterfowl hunting in tidal areas from land shooting positions or from floating blinds anchored adjacent to land or from rock positions, unless written permission for lesser distances is obtained from the owner and carried. Landowners, their spouse, and lineal descendants are exempt from this restriction, providing any building involved is their own. The 500 foot zone does not apply to bowhunting.
While the following relates only to hunting and the impetus for this Ordinance may not be that, the drafters should be aware of the following statute:
Sec. 26-67c. Complaints re hunting in proximity to certain areas. Hearing. Records to be kept by law enforcement officials. Report to General Assembly. (a) The Commissioner of Environmental Protection shall maintain a record of all written complaints received by the department of violations of the regulations concerning hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or the regulations regarding shooting towards persons, buildings or animals. The commissioner shall hold a hearing at least once annually, in accordance with the provisions of chapter 54, at which changes in such regulations for particular localities shall be considered. The commissioner may amend such regulations for a particular locality where he finds that: (1) The physical setting of a particular locality presents an unreasonable risk that hunters may violate the regulations regarding hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or the regulations regarding shooting towards persons, buildings or animals or (2) a record of documented complaints reveals that violations of such regulations occur with significant frequency.
(b) The chief law enforcement official for each municipality, or his designee, shall maintain a record of all complaints received by such official in each calendar year regarding any potential hazard to public safety related to any hunting activity and shall submit such record to the Commissioner of Environmental Protection annually. Such record shall be maintained separately from all other records of complaints received by such official. After an investigation of any such complaint, if the chief law enforcement official determines that a particular hunting activity in a particular location poses a hazard to public safety, he shall submit a written report of such determination to the Commissioner of Environmental Protection.
(c) On or before February 1, 1995, and annually thereafter, the Commissioner of Environmental Protection shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment which sets forth for the preceding year ending December thirty-first the number of complaints received and investigations conducted along with the action taken. We urge all sportsmen to communicate with the Woodbridge First Selectman Edward Sheehy (203) 389-3401 and the Board of Selectmen: Laura Ferrante Fernandes, Beth Heller, Thomas G. Kenefick, James K. Sabshin, and Sandra T. Stein, to defeat this proposal.
Any sportsmen who are arrested under this ordinance, should it pass, should immediately report such arrest to the Coalition of CT Sportsmen. Our Legal Defense Fund is established for possible legal and financial support of those aggrieved by such laws.