GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2008-19

HOUSE BILL 2122

AN ACT to prohibit the shining of lights in deer areas in jackson county.

The General Assembly of North Carolina enacts:

SECTION 1.  It is unlawful to shine a light intentionally upon a deer or to sweep a light in search of deer between the hours of one-half hour after sunset and one-half hour before sunrise.

SECTION 2.  Section 1 of this act shall not be construed to prevent:

(1)       The lawful hunting of raccoon or opossum during open season with artificial lights designed or commonly used in taking raccoon and opossum at night;

(2)       The necessary shining of lights by landholders on their own lands;

(3)       The necessary shining of lights by hunters in search of lost hunting dogs;

(4)       The shining of lights necessary to normal travel by motor vehicles on roads or highways; or

(5)       The use of lights by campers and others who are legitimately in these areas for other reasons and who are not attempting to attract or to immobilize deer by the use of lights.

SECTION 3.  Violation of this act is a Class 3 misdemeanor. A second or subsequent conviction occurring within one year of a prior conviction is a Class 2 misdemeanor.

SECTION 4.  This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by other peace officers with general subject matter jurisdiction.

SECTION 5.  This act applies only to Jackson County.

SECTION 6.  This act becomes effective October 1, 2008.

In the General Assembly read three times and ratified this the 26^th day of June, 2008.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives