CSV.2.3.320 Disabled Hunters Permits

(a)(1) The Tribal Conservation Department is authorized to issue Disabled Hunters Permits in accordance with the provisions of this section and may impose terms and conditions on a permit as it deems appropriate that are in addition to those specified in this section.

(2) Members desiring a Disabled Hunters Permit shall apply to the Tribal Conservation Department on such forms as the Department prescribes and shall provide such information as the Department requests. The Department may deny an application if the member fails to provide the requested information.

(b)(1) No member shall hunt pursuant to this section without possessing a validly issued Disabled Hunters Permit.

(2) No member shall fail to comply with the terms and conditions of a Disabled Hunters Permit.

(c) The intent of this section is to afford a hunting opportunity to members who suffer from physical disability or impairment and who would face a significant health risk by participating in normal hunting activities or who would find it unduly burdensome or would otherwise be unable to participate in normal hunting activities.

(d) For the purposes of this ordinance, "street" means a highway [see Section CSV.2.3.210(c)(1)(B)] that is within the corporate limits of a city or village.

(e) A Disabled Hunters Permit shall authorize the holder of the permit to hunt from a stationary vehicle and to load and discharge a firearm or shoot a bow or crossbow within 50 feet of the center of a roadway provided:

(1) The roadway is part of a county highway, a town highway or any other highway that is not part of a street or of a state trunk or federal highway;

(2) The holder of the permit is not hunting to fill the permit or tag of another person;

(3) The vehicle bears special registration "handicapped" or "disabled" plates issued by the tribe, a state or other governmental entity, or displays a sign provided by the Tribal Conservation Department on which "disabled" is conspicuously written;

(4) The holder of the permit discharges the firearm or shoots a bow or crossbow away from and not across or parallel to the roadway; and

(5) The holder of a permit shall not otherwise, possess or transport a firearm, bow or crossbow in or on a moving vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(f) To be eligible for a Disabled Hunters Permit, a member must otherwise be authorized to hunt pursuant to this ordinance and must submit to the Tribal Conservation Department a written statement verifying that the member suffers from a temporary or permanent disability or impairment and would face a significant health risk by participating in normal hunting activities or would find it unduly burdensome or otherwise be unable to participate in normal hunting activities.

(g) No member shall, with the intent to fraudulently obtain a Disabled Hunters Permit under this section, provide false or misleading information in applying for or otherwise seeking such permit.

(h) A member who feels that he or she has been unreasonably denied a Disabled Hunters Permit may request the Tribal Governing Board to review the decision of the Tribal Conservation Department.

(i)(1) A holder of a Disabled Hunters Permit may be assisted by any person, including one who is not eligible for a permit under this section. The assisting person shall not hunt or carry a firearm, bow or crossbow unless authorized to do so under tribal or state law.

(2) The assisting person shall not be deemed to have violated the provisions of Section CSV.2.3.210(c) [Safe Use and Transportation of Firearms and Bows] of this ordinance simply by virtue of the acts of a Disabled Hunters Permit holder in or from the assisting person's vehicle. However, should the assisting person violate any other applicable provision of the ordinance, he or she may be issued a citation accordingly. In addition, should the permit holder violate any provision of this ordinance, the assisting member may be issued a citation pursuant to Section CSV.2.4.140 [Parties to a Violation] or any other applicable section of this ordinance.

(3) The assisting person may help the Disabled Hunters Permit holder in any activity except the actual use of a firearm, bow or crossbow.