HomeMy WebLinkAboutMINUTES - 09142010 - C.42RECOMMENDATION(S):
DISMISS proposal to adopt Ordinance No. 2010-12 introduced on July 13, 2010, which
would amend Chapter 44-4, Weapons, of the County Ordinance Code by adding Section
44-4.012, prohibiting archery and bow hunting in certain areas of Contra Costa County.
FISCAL IMPACT:
BACKGROUND:
On July 13, 2010, the Sheriff-Coroner introduced Ordinance No. 2010-12 to prohibit
archery and bow hunting in public places or residential or commercially zoned areas of the
county unincorporated area except at public or private target ranges, as permitted by law;
when necessary to kill or deter a dangerous animal that presents an immediate threat to
human health and safety; or when otherwise authorized by law. The Board referred the
proposed ordinance to the Public Protection Committee for further examination.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 09/14/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: JULIE ENEA
(925) 335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on
the minutes of the Board of Supervisors on the date shown.
ATTESTED: September 14, 2010
, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: Sheriff, Undersheriff, County Administrator
C. 42
To:Board of Supervisors
From:PUBLIC PROTECTION COMMITTEE
Date:September 14, 2010
Contra
Costa
County
Subject:DISMISS PROPOSAL TO ENACT ORDINANCE PROHIBITING ARCHERY AND BOW HUNTING IN
SPECIFIED AREAS
The
BACKGROUND: (CONT'D)
Public Protection Committee considered the proposed ordinance at its August 16, 2010
meeting and received public comment. Proponents of the ordinance argued in the current
county ordinance code, the definition for “firearms” is not sufficiently broad to encompass
bows and arrows. Proponents also contended that they were not asking the Board to
completely prohibit archery but only to prohibit bow hunting in residential areas due to
public safety concerns.
Opponents of the ordinance argued that current state law provides adequate public safety
protection and that local jurisdictions should not be making new laws when current state
laws are not enforced.
The County Counsel’s Office provided the attached summary of current California law
regulating bow hunting. The California Fish and Game Code makes it unlawful for a person
to shoot an arrow within 150 yards of a residence, dwelling or other building unless the
person is a landowner or has obtained written permission from all of the landowners within
the 150 yard zone. The Code also prohibits the discharge of a bow and arrow across a public
road.
Violation of the California Fish and Game Code is a misdemeanor punishable by
imprisonment in the county jail for up to six months or a fine up to $1,000, or both. A
hunting license may also be revoked for any violation of the Fish and Game Code.
Although enforcement of California Fish and Game laws is the primary jurisdiction of the
state, Sheriff’s deputies can respond to code violations. Sheriff’s deputies may make arrests
if a violation was committed in the presence of the deputy. For reported violations not made
in the presence of a Sheriff’s deputy, a citizen may make the arrest and the Sheriff may take
the violator into custody, and cite and release them.
Upon due consideration of the relevant issues, public testimony, and County Counsel’s
summary of current laws regulating bow hunting, the Public Protection Committee found
that current state law provided adequate public safety protection if enforced, and
recommends that the County focus efforts on increasing enforcement in problem areas of
the county and doing more public education and outreach regarding safe and responsible
bow hunting.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT: