Agenda Item 13B
September 12, 2017
Introduction
MEMOR ANDUM
September 8, 2017
TO:
FROM:
SUBJECT:
County Council
;(",
Robert H. Drummer, Senior Legislative Attorney( )~
Introduction:
Expedited Bill 30-17, Weapons-Di scharge of Bows -Amendmen ts
Expedited Bill 30-17, Weapons - Discharge of Bows - Amendments, sponsored by Lead
Sponsor Council President Berliner, Councilmembers Leventhal, Katz, Rice, Eirich, Council Vice
President Riemer, and Councilmembers Navarro, Rucker, and Floreen, is scheduled to be
introduced on September 12, 2017. A public hearing is tentatively scheduled for September 19
at 1:30 p.m.
Bill 30-17 would reduce the safety zone for archery hunters in the County.
Background
Chapter 443 of the 2017 Laws of Maryland (HB 313), enacted by the General Assembly
in the last legislative session, reduced the safety zone in the County prohibiting bow hunting within
100 yards of a building designed for human occupancy without the owner's consent to within 50
yards of a building. See ©4-5. The State law also added a requirement that a bow hunter
discharging a bow within 50 to 100 yards of a building do so using a tree stand.
County Code §57-6 prohibits bow hunting within 100 yards of a building designed for
human occupancy. Bill 30-17 would make the County law consistent with the amended State law
by referencing this State law.
This packet contains:
Expedited Bill 30-17
Legislative Request Report
State Law HB 313
Circle#
1
3
4
F:\LAW\BILLS\1730 Weapons, Bow Hunting Safety Zone\lntro Memo.Docx
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Expedited Bill No.
30-17
Concerning: Weapons - Discharge of
Bows - Amendments
Revised: August
25, 2017
Draft No. _1_
Introduced:
September
12, 2017
Expires:
March
12 2019
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'-'N=on=e =---------
Ch. _ _ , Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President Berliner, Councilmembers Leventhal, Katz, Rice, Eirich, Council
Vice President Riemer, and Councilmembers Navarro, Bucker, and Floreen
AN EXPEDITED ACT
to:
(1)
reduce the safety zone for archery hunters in the County; and
(2)
generally amend the laws governing the discharge of bows.
By amending
Montgomery County Code
Chapter 57, Weapons
Section 57-6
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 30-17
1
2
Sec.
1.
Section 57-6 is amended as follows:
57-6. Discharge of bows.
(a)
3
4
Prohibition.
A person must not discharge a bow in the County:
(1)
(2)
from, onto, or across a public road;
[into or within I 00 yards of] in violation of the archery hunting
safety zone established in Md. Code, Natural Resources,
§
I 0-410,
as amended, surrounding a building or camp designed for human
occupancy without the owner or occupant's written consent; or
(3)
from, onto, or across public or private property without the owner
or occupant's written consent;
5
6
7
8
9
10
11
12
13
(b)
Exception.
Subsection (a) does not apply to target archery practiced in
compliance with safety guidelines established in regulations adopted
under method (2).
14
15
16
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
17
18
19
Roger Berliner, President, County Council
20
Date
Approved:
21
Isiah Leggett, County Executive
22
Date
This is a correct copy ofCouncil acti<;m.
23
Linda M. Lauer, Clerk of the Council
Date
0
f:\law\bills\1730 weapons, bow hunting safety zone\bill 1.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 30-17
Weapons
-
Discharge of Bows
-
Amendments
DESCRIPTION:
County Code §57-6 prohibits bow hunting within 100 yards of a
building designed for human occupancy. Bill 30-17 would make the
County law consistent with the recently amended State law by
referencing this State law.
Chapter 443 of the 2017 Laws of Maryland (HB 313), enacted by the
General Assembly in the last legislative session, reduced the safety
zone in the County prohibiting bow hunting within 100 yards of a
building designed for human occupancy without the owner's consent
to within 50 yards of a building. The State law also added a
requirement that a bow hunter discharging a bow within 50 to 100
yards of a building do so using a tree stand. County law is now
inconsistent with the State law.
To amend County law to be consistent with the recently amended State
law.
Police, County Attorney
To be requested.
To be requested.
To be requested.
To be researched.
Robert
H.
Drummer, Senior Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION :
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Class A Violation
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LAWRENCE
J.
HOGAN,
JR.,
Governor
Chapter 443
(House Bill 313)
Ch. 443
AN ACT concernin g
Montgom ery County - Archery Hunting - Safety Zone
MC 10-17
FOR the purpose of altering the size of the safety zone for archery hunters in Montgom ery
County within which archery hunting may not take place except under certain
circumsta nces; requiring archery hunters in Montgom ery County to use a tree stand
when hunting certain animals within a certain distance of certain buildings ; and
generally relating to archery hunting in Montgom ery County.
BY repealing and reenactin g, with amendme nts,
Article - Natural Resource s
Section 10-410(g )
Annotate d Code of Maryland
(2012 Replacem ent Volume and 2016 Suppleme nt)
SECTION
1.
BE IT ENACTE D BY THE GENERA L ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article - Natural Resourc es
10-410.
(g)
(1)
Except as provided in paragrap hs (2) and (3) of this subsectio n, a
person, other than the owner or occupant, while hunting for any wild bird or mammal may
not shoot or discharge any firearm or other deadly weapon within 150 yards, known as the
"safety zone", of a dwelling house, residence , church, or other building or camp occupied by
human beings, or shoot at any wild bird or mammal while it is within this area, without
the specific advance permissio n of the owner or occupant.
(2)
A person, while hunting for any wild bird or mammal, may not shoot or
discharge any firearm within 300 yards of a public or nonpublic school during school hours
or at a time when a school-ap proved activity is taking place.
(3)
(i)
For archery hunters in Calvert County, Carroll County,
Frederick County, Harford County,
MONTGOMERY COUNTY,
or St. Mary's County, the
safety zone described in paragrap h (1) of this subsectio n extends for 50 yards from a
dwelling house, residence , church, or any other building or camp occupied by human beings.
-1-
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Ch.443
2017 LAWS OF MARYLAND
(ii)
For archery hunters in Anne Arundel County [or Montgomery
County], the safety zone described in paragraph
(1)
of this subsection extends for 100 yards
from a dwelling house, residence, church, or any other building or camp occupied by human
beings.
(4)
During any open hunting season, a person, other than the owner or
occupant, may not hunt or chase willfully any wild bird or mammal within the safety zone
without the specific advance permission of the owner or occupant.
(5)
In Harford County
OR MONTGOMERY COUNTY,
an archery hunter
shall use a tree stand when hunting any wild bird or mammal within 50 to 100 yards of a
dwelling house, residence, church, public or nonpublic school, or other building or camp
occupied by human beings.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2017.
Approved by the Governor, May 4, 2017.
-2-