CSV.2.3.210 General Restrictions on Hunting

(a) Hunting in Restricted Areas. No member shall:

(1) Hunt within 1700 feet of any hospital, school grounds or sanatorium where notice of this prohibition is clearly posted;

(2) While on the lands of another, discharge a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this subsection includes any house trailer or mobile home, but does not include any tent, bus, truck, vehicle or similar portable unit.

(b) Color of Clothing. During the middle deer season established pursuant to Section CSV.2.6.070(c), no member shall hunt any wild animal except waterfowl unless at least 50% of the member's outer clothing above the waist is of a highly visible color commonly referred to as hunter orange, blaze orange, fluorescent orange, flame orange, or fluorescent blaze orange.

(1) Definitions. For the purpose of this ordinance, the following terms shall be construed to apply as follows:

(A) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, strapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

(B) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of any elementary or high school supported by public taxation and institutions under the jurisdiction of a county board of supervisors, but does not include private roads or driveways as defined below.

(C) "Motorboat" means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion and shall be distinguished from a "Non-motorized boat" which means a boat that is not a motorboat but that is designed and constructed to be used as a boat for transportation of a person or persons on water. The term, "non-motorized boat" includes, but is not limited to any canoe, sailboat, inflatable boat or similar device, row boat, raft and dinghy which is not a motorboat.

(D) "Private Road or Driveway" is every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road or driveway upon the grounds of public institutions other than elementary and high schools supported by public taxation and institutions under the jurisdiction of a county board of supervisors.

(E) "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway the term "roadway" refers to each roadway separately but not to all such roadways collectively.

(F) "Unloaded" means having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.

(G) "Vehicle" means every device in, upon or by which any person or property is or may be drawn upon a highway, except railroad trains, and includes a snowmobile as defined below.

(H) "Snowmobile" means any engine driven vehicle of a type which utilizes sled type runners, or skis, or an endless belt tread or any combination of these or similar means of contact with the surface upon which it is operated, but does not include such vehicles which are either manually propelled or driven by a motor of 4 horsepower or less and operated only on private property.

(I) "Stationary" means not moving, regardless of whether the motor is running.

(2) Prohibitions; Motorboats and Vehicles; Highways and Roadways.

(A) Except as provided in Section CSV.2.3.210(c)(3), no member shall place, possess, or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless one of the following applies:

(i) The firearm is unloaded.

(ii) The bow does not have an arrow nocked.

(iii) The crossbow is not cocked or is unloaded and enclosed in a carrying case.

(B) Except as provided in Section CSV.2.3.210(c)(2)(F) or Section CSV.2.3.210(c)(3), no member shall place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless one of the following applies:

(i) The firearm is unloaded.

(ii) The bow does not have an arrow nocked.

(iii) The crossbow is not cocked or is unloaded and enclosed in a carrying case.

(C) Except as provided in Section CSV.2.3.210(c)(3), no member shall load or discharge a firearm or shoot an arrow from a bow or crossbow in or from a vehicle.

(D) Except as provided in Section CSV.2.3.210(c)(3), no member shall discharge a firearm or shoot an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

(E) Except as provided in Section CSV.2.3.210(c)(3), no member shall hunt while possessing a loaded firearm or strung bow or crossbow within 50 feet of roadway's center.

(F) Except as provided in Section CSV.2.3.210(c)(3), no member shall within 1,000 feet from the grounds of a school, or in a state park, state fish hatchery, or tribally designated wildlife area, have in or on a vehicle, or in his or her possession, or under his or her control a firearm, bow or crossbow, unless the firearm is unloaded and encased or locked in a firearm rack that is on a motor vehicle or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(3) Exceptions.

(A) Section CSV.2.3.210(c)(2)(A), Section CSV.2.3.210(c)(2)(B), Section CSV.2.3.210(c)(2)(C) and Section CSV.2.3.210(c)(2)(D) shall not apply to any person authorized by Section CSV.2.4.020 to enforce the provisions of this ordinance who, in the line of duty places, possesses, transports, loads or discharges a firearm in, on or from a vehicle or motorboat or discharges a firearm from or across a highway or within 50 feet of the center of a highway.

(B) Section CSV.2.3.210(c)(2)(A), Section CSV.2.3.210(c)(2)(B) and Section CSV.2.3.210(c)(2)(F) shall not apply to a member otherwise authorized by law to place, possess, load, or transport a handgun.

(C) Section CSV.2.3.210(c)(2)(B) shall not prohibit a member from placing or possessing a firearm on a vehicle that is stationary.

(D) Section CSV.2.3.210(c)(2)(B) and Section CSV.2.3.210(c)(2)(C) shall not apply to a member in or on a stationary vehicle which is parked off a highway and parked more than 50 feet from the center of the roadway.

(E) Section CSV.2.3.210(c)(2)(B) and Section CSV.2.3.210(c)(2)(C) shall not apply to a member legally hunting from a stationary non-motorized vehicle that is not attached to a motor vehicle.

(F) Section CSV.2.3.210(c)(2)(D) and Section CSV.2.3.210(c)(2)(E) shall not apply to a member who is lawfully hunting small game with a shotgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.

(G) Section CSV.2.3.210(c)(2)(B), Section CSV.2.3.210(c)(2)(C), Section CSV.2.3.210(c)(2)(A) and Section CSV.2.3.210(c)(2)(E) shall not apply to a member who possesses a valid disabled hunters permit issued pursuant to Section CSV.2.3.320 of this ordinance and who is hunting in or on a stationary vehicle in accordance with the provisions of that permit.

(H) Section CSV.2.3.210(c)(2)(F) shall not apply to a member who possesses a valid hunting permit in areas of a state park, state fish hatchery, or tribally designated wildlife area which are open to tribal hunting, therein a tribal member may uncase and load their firearm for the purpose of hunting after removing it from their vehicle at the location they will be hunting.

(d) Restrictions on Use of Bait.

(1) No member shall use bait to hunt unless such bait is confined to an area measuring no more than two (2) feet in width and two (2) feet in length.

(2) No member shall place, use or hunt over bait containing or contained within metal, plastic, glass, wood or nondegradable materials.

(3) No member shall place or hunt over bait or liquid scent within fifty (50) yards of any trail, road or campsite used by the public.

(4) No member shall use honey for bait.

(5) No member shall use any animal flesh for bait unless the member places a metal identification tag indicating the member's tribal affiliation and tribal identification number on the tree nearest the bait, at eye level, and directly facing the bait.

(6) This section shall not prohibit hunting over bait materials deposited by natural vegetation or found solely as a result of normal agricultural practices.