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3 <br />F <br />V) <br />w <br />Z <br />a <br />Q <br />ua <br />a <br />x <br />p <br />cv <br />C7 <br />0 <br />x <br />Z <br />N <br />Q <br />w <br />m <br />Z <br />0 <br />U <br />Board of Commissioners Page 2 February 25, 1991 <br />1991 letter. I have reviewed that ordinance and done the <br />research of its origin. I have concluded that local legislation <br />will be required to adopt a comparable ordinance. My analysis <br />follows. I've also enclosed a draft local bill to accomplish <br />this and an ordinance modeled from the Alamance County ordinance, <br />both for consideration by the Board. <br />Article 22A of Chapter 114 of the North Carolina General <br />Statutes generally prohibits hunters, fishermen and trappers from <br />going upon posted areas without the written consent of the <br />property owner or his agent. A copy of this Article is enclosed. <br />It can be enforced by the Sheriff without local ordinance or <br />modification. However, the statute does not require those <br />hunting, fishing br trapping to have on their possession the <br />document granting written permission.- The statute does not <br />provide for a local ordinance regulating this area. Furthermore, <br />the County's general ordinance- making power does not authorize <br />the County to require a hunter, fisherman or trapper to have on <br />his or her possession the document granting written permission. <br />Although enabling legislation is necessary for the County to <br />require possession of the permission document, the enabling <br />legislation need not contain express authority to require this. <br />For this reason, and for simplicity, I recommend that Orange <br />County propose to be added to Chapter 651 of the 1989 Session <br />Laws. Enclosed is a local act which will accomplish that. <br />Note that Chapter 651 of the 1989 Session Laws also provides <br />an important liability protection for landowners granting hunters <br />written permission to hunt. The common law provides for an <br />increased duty of care to someone known as an invitee or <br />licensee. Absent the statutory language contained in Chapter 651 <br />on this point, one having written permission to hunt would, under <br />the common law, be "eligible" for this increased duty of care. <br />With a copy of this letter to Beverly Blythe I have included <br />a notice for the public hearing concerning these hunting matters <br />which public hearing will occur on March 4, 1991. <br />Very truly yours, <br />GEG /lsg <br />Enclosures <br />xc: Beverly <br />John M. <br />Sheriff <br />Blythe <br />Link, <br />Lindy <br />%j <br />Pendergrass <br />adhill <br />3 <br />