Agenda - 09-02-2010 - 7c - Laserfiche WebLink

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~~-~G~-t~++ewT ~' 71 Office of the County Attorney ORANGE COUNTY P.O. BOX 8181 200 S. CAMERON STREET HILLSBOROUGH, NC 27278 MEMORANDUM TO: Gwen Harvey, Assistant County Manager FROM: Annette M. Moore,. Staff Attorney RE: Hunting Deer with Dogs DATE: January 6, 2010 ~f In. an email message dated December, 23, 2009 you asked the following question in regard to hunting deer with dogs in Orange County: "What if anything [does] the BOCC has (sic) the power/authority to do immediately to impact the. issue (as requested by the concerned property owners) and what they may [the Board] wish to do as part of their legislative packet to the local delegation." Under North Carolina law, a County may only undertake those activities for which it has been given specific legislative authority. The Generally Assembly grants the powers to Counties either expressly, necessarily or fairly implied or in incident to a power expressly granted, and where the power is essential to the accomplishment of the declared objects and purposes of the corporation... The General Assembly has charged the Wildlife Resources Commission with administering the statutes governing hunting of wildlife.Z However, the County may ask the General Assembly for local enabling legislation that has a minor and incidental impact on wildlife resources.3 N.C. Gen. Stat. §113-291.5 Regulation of dogs used in hunting; limitation on authority of Wildlife Resources Commission; control of dogs on game lands;. control of dogs chasing deer; other restrictions provides: (a) Except as provided in G.S. 113-291.4, in the area described below, the Wildlife Resources Commission may regulate the use of dogs taking wildlife with respect to seasons, times, and place of use. The area covered by this subsection is that part of the ' Reese v. Charlotte Mecklenburg Bd of Education, 676 S.E.2d 481, 490 N.C. App. May 2009 quoting Carter v. Stanly County 125 N.C. App. 628, 632, 482 S.E.2d 9, 11 quoting White x Unian County, 93 N.C. App. 148, 377 E.E. 2d 93 (1989). z N.C. Gen. Stat. §113-133.1(b). s N.C. Gen. Sta § 113-133.1(c).