Agenda Item 12
September 19, 2017
Public Hearing
MEMOR ANDUM
September 15, 2017
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative Attorney
r{)
Public Hearing:
Expedited Bill 30-17, Weapons - Discharge of Bows -
SUBJECT:
Amendments
Expedited Bill 30-17, Weapons - Discharg~ of Bows - Amendments, sponsored by Lead
Sponsor Council President Berliner, Councilmembers Leventhal, Katz, Rice, Elrich, Council Vice
President Riemer, and Councilmembers Navarro, Bucker, and Floreen, was introduced on
September 12, 2017. A Public Safety Committee worksession is tentatively scheduled for
September 25 at 9:30 a.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:\LA W\BILLS\1730 Weapons, Bow Hunting Safety Zone\PH Memo.Docx
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30-17
Expedited Bill No.
Concerning: Weapons - Discharge of
Bows - Amendments
Revised: August 25, 2017 Draft No. _1_
September 12, 2017
Introduced:
March 12 2019
Expires:
_ _ _ _ _ _ _ __
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, Hucker, and Floreen
AN EXPEDITED ACT
to:
reduce the safety zone for archery hunters in the County; and
(1)
generally amend the laws governing the discharge of bows.
(2)
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 100 yards of] in violation of the archery hunting
safety zone established in Md. Code, Natural Resources, § 10-410,
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
14
15
16
17
18
(b)
Exception.
Subsection (a) does not apply to target archery practiced in
compliance with safety guidelines established in regulations adopted
under method (2).
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:
19
Roger Berliner, President, County Council
20
Date
Approved:
21
Isiah Leggett, County Executive
22
Date
This is a correct copy ofCouncil action.
23
Linda M. Lauer, Clerk of the Council
Date
0
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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 IMPACT:
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 concerning
Montgomer y County - Archery Hunting - Safety Zone
MC
10-17
FOR the purpose of altering the size of the safety zone for archery hunters in Montgomery
County within which archery hunting may not take place except under certain
circumstanc es; reguiring archery hunters in Montgomery County to use a tree stand
when hunting certain animals within a certain distance of certain buildings; and
generally relating to archery hunting in Montgomery County.
BY repealing and reenacting, with amendments ,
Article - Natural Resources
Section 10-410(g)
Annotated Code of Maryland
(2012 Replacemen t Volume and 2016 Supplement )
SECTION
1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article - Natural Resources
10-410.
Except as provided in paragraphs (2) and (3) of this subsection, a
(1)
(g)
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 permission of the owner or occupant.
A person, while hunting for any wild bird or mammal, may not shoot or
(2)
discharge any firearm within 300 yards of a public or nonpublic school during school hours
or at a time when a school-appr oved activity is taking place.
For archery hunters in Calvert County, Carroll County,
(i)
(3)
Frederick County, Harford County,
MONTGOMERY COUNTY,
or St. Mary's County, the
safety zone described in paragraph
(1)
of this subsection 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
For archery hunters in Anne Arundel County [or Montgomery
(ii)
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.
During any open hunting season, a person, other than the owner or
(4)
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.
In Harford County
OR MONTGOMERY COUNTY,
an archery hunter
(5)
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.
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