STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Sussex, Hunterdon and Morris)
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Cape May, Atlantic and Cumberland)
Co-Sponsored by:
Assemblyman Chiusano, Assemblywoman Addiego, Assemblyman Rudder and Assemblywoman Riley
SYNOPSIS
Changes perimeter for bow and arrow hunting around occupied building.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning hunting with bow and arrow, and amending R.S.23:4-16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.23:4-16 is amended to read as follows:
23:4-16. a. No person, either in or on a motor vehicle or vehicle of any kind whatsoever, or by the aid or use of a light carried on or attached to a motor vehicle or vehicle of any kind, shall hunt for, pursue, shoot, shoot at, kill, capture, injure or destroy wildlife.
b. No person shall use any portable light or lights for the purpose of hunting for any wildlife excepting raccoon and opossum, or other species as provided by the State Game Code.
c. No person shall, for the purpose of hunting, taking or killing any wildlife, cast an arrow or discharge any firearm from or across any State, county, municipal, or publicly travelled road or highway.
d. (1) No person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person's possession, shall, for the purpose of hunting, taking or killing any wildlife, have in his possession a loaded firearm [or nocked arrow] while within 450 feet of any occupied building in this State, or of any school playground. [For the purposes of this section, "occupied building" means any building constructed or adapted for overnight accommodation of a person, or for operating a business or engaging in an activity therein, whether or not a person is actually present. ]
(2) No person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person’s possession, shall, for the purpose of hunting, taking or killing any wildlife, have in his possession a nocked arrow while within 150 feet of any occupied building in this State, or within 450 feet of any school playground, and a nocked arrow shall only be cast when a person is in an elevated position so that any arrow is aimed in a downward angle.
(3) For the purposes of this subsection, "occupied building" means any building constructed or adapted for overnight accommodation of a person, or for operating a business or engaging in an activity therein, whether or not a person is actually present.
e. A person who violates subsection a., b., or c. of this section shall be liable to a civil penalty of not less than [$100.00] $100 nor more than [$200.00] $200 for the first offense, and not less than [$200.00] $200 nor more than [$500.00] $500 for each subsequent offense. A person who violates subsection d. of this section shall be liable to a civil penalty of not less than [$100.00] $100 nor more than [$300.00] $300 for the first offense, and not less than [$300.00] $300 nor more than [$1,500.00] $1,500 and permanent revocation of all license certificates required, and all privileges, to take or possess wildlife for each subsequent offense.
(cf: P.L.1990, c.29, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would amend current law to provide that no person, except the owner or lessee of the building and persons specifically authorized by the owner or lessee in writing, shall, for the purpose of hunting, taking or killing any wildlife, have in the person’s possession a nocked arrow while within 150 feet of any occupied building in this State, or within 450 feet of any school playground.
The bill further provides that any person with a nocked arrow, upon written authorization by the owner or lessee of an occupied building or school playground, would be able to cast an arrow only within the restricted perimeter established in the bill if the person was elevated and the arrow was aimed in a downward angle.
Current law provides that no person shall, for the purpose of hunting, taking or killing any wildlife, have in the person’s possession a loaded firearm or nocked arrow while within 450 feet of any occupied building in this State, or of any school playground. The bill does not change the 450 foot requirement with respect to a loaded firearm.