Orange County NC Website
speak for them. And so, I ask you, as our elected government officials, to continue your work <br /> to solve this problem. Thank-you." <br /> Steve Graf said that he lives in Cedar Grove and he thanked the County <br /> Commissioners for trying to find a solution. He said that he is here to talk about the memo <br /> from the county attorney's office in reference to this issue. He read a prepared statement: <br /> • Thank you for continuing to work on the issue of dog deer hunting in Orange County. I <br /> have read the proposal from county staff and I would like to ask that you consider <br /> implementing all the suggestions. <br /> • I have read the county attorneys memo that states that a local ordinance must have <br /> legislative approval because it pre-empts GS113. I have also read GS 153 that state: "A <br /> county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions <br /> detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the <br /> county; and may define and abate nuisances." <br /> • I also noticed that part of GS113 that wasn't quoted in the memo reads as follows: Nothing <br /> in this section is intended to invalidate local legislation or local ordinances which exercise <br /> valid powers over subjects other than the conservation of wildlife resources, even though <br /> an incidental effect may consist of an overlapping or conflict of jurisdiction as to some <br /> particular provision not essential to the conservation objectives set out in this Subchapter. <br /> In particular, this section does not repeal local acts which restrict hunting primarily for the <br /> purpose of protecting travelers on the highway, landowners, or other persons who may be <br /> endangered or affected by hunters'weapons or ammunition or whose property may be <br /> damaged. <br /> • So, I ask, is dog hunting in North Orange County essential to the conservations objectives <br /> of the WRC? <br /> • Should a statute meant to protect the safety of a community be subordinate to a statute <br /> meant to regulate sport? Safety/Health/Welfare vs Sport <br /> • The memo assumes that GS 113 takes precedence. And therefore the only question is <br /> Pre-emption. I would like to suggest that the question of Precedence needs to be asked. <br /> • I would like to ask the commissioners to consider asking the district attorney for an opinion <br /> on the following question: <br /> Does GS 153 take precedent over GS113 in matters where the health, safety, or <br /> welfare of its citizens and the peace and dignity of the county are affected by acts that <br /> would otherwise be controlled by GS113? Specifically, the county has found, through <br /> extensive research and public hearing that the safety, welfare, and property rights of its <br /> citizens are being negatively affected by dog deer hunting. Can Dog Deer Hunting be <br /> controlled by local ordinance in order to protect the safety, welfare, peace and dignity of <br /> the residents of Orange County? <br /> • What can it hurt to ask this question? If the Attorney General's opinion is that Orange <br /> County can make a local ordinance without legislative involvement it will save a lot of time <br /> and effort on everyone's part. <br /> • I would like to remind the board that there were 27 people shot during last year's season. <br /> Only 1 person was shot outside dog hunting areas. I have been shot at by dog hunters <br />