Town of Irondequoit, NY Chapter 93 Bow Hunt Program

[HISTORY: Adopted by the Town Board of the Town of Irondequoit 7-18-2017 by L.L. No. 5-2017; amended in its entirety 4-17-2018 by L.L. No. 2-2018. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Conservation Board — See Ch. 12.

Police Department — See Ch. 48.

Firearms — See Ch. 132.

Pursuant to the authority of Town Code § 132-6D, the Town Board adopts the following regulations to be implemented by the Irondequoit Police Department as follows:

§ 93-1 Creation and management of Bow Hunt Program.

A. The Town of Irondequoit Bow Hunt Program (the "Program") will be governed by the following regulations.

B. The Town has identified certain areas as having a high concentration of deer, which pose a hazard to public health, safety, and welfare through increased automobile-deer accidents and property damage.

C. With the cooperation, support, and assistance of the New York State Department of Environmental Conservation (the DEC), the Town implements this program for managing the deer population in an effort to minimize the above-mentioned hazards.

D. The Town Board delegates authority to oversee the program and implement these regulations to the Town of Irondequoit Police Department (the IPD).

E. Hunters acknowledge that the purpose of the program is to control the deer population in the Town, and not for pleasure or sporting purposes, nor for commercial purposes or financial gain.

F. Hunters acknowledge that participation in the program is a privilege and not a right.

G. The IPD or the Town Board may cancel or suspend the program at any point during any given year if it deems that either the purpose of the program has been satisfied, or that doing so furthers the public health, safety, and welfare of the Town.

H. The IPD shall maintain a list of properties approved for the bowhunt. The IPD shall post such list on the Town's website prior to the commencement of the program each year and provide it upon request. The IPD shall update this list annually.

I. Prior to the commencement of the program each year, the Town shall make information about the program available, and post information about the program on the Town website.

J. Within 30 days of the close of the program each year, the IPD shall make information available about the number of deer culled each season, and post such information on the Town website.

[Added 8-15-2023 by L.L. No. 8-2023[1]]

[1] Editor's Note: This local law also redesignated former Subsection J as Subsection K.

K. There shall be a Deer Management Program Board (the DMPB), comprised of the Town Supervisor, or his or her designee; a Town resident, who cannot be a hunter in the program and who shall be selected by the Town Board from a pool of applications submitted by interested residents; and the Chairperson of the Town Conservation Board, or his or her designee. The Town resident and designees, if any, shall serve without compensation for terms of one year. The DMPB shall review all appeals pursuant to §§ 93-2N, 93-3U, and 93-4D of these regulations and render a decision no later than 30 days after said review is completed.[2]

[2] Editor's Note: Former Subsection K, regarding consultation with a licensed biologist to assess the size of the deer population, which immediately followed, was repealed 8-21-2018 by L.L. No. 7-2018.

§ 93-2 Requirements to participate in program.

A. Hunters must comply with the following requirements in order to qualify for the program.

B. Hunters must be 18 years old or older on or before the first day of the program each year.

C. Hunters must possess a current and valid New York State hunting license, issued by the DEC. Only hunters who possess a current and valid New York State hunting license may participate in the program.

D. Hunters must possess a current and valid New York State bowhunter education certificate, issued by the DEC. Only those hunters with a current and valid New York State bowhunter education certificate may participate in the program.

E. Hunters must possess a current and valid deer management permit (DMP), issued by the DEC, for Wildlife Management Unit (WMU) 8C, as that unit is defined by the DEC. Only those hunters with a current and valid DMP may participate in the program.

F. Hunters must complete and pass a proficiency course (the "course") developed and overseen and approved by IPD bow hunt officers and/or their designees [the IPD Officer(s)]. Prior to taking the course, hunters must have a current and valid New York State hunting license and a current and valid New York State bowhunter education certificate.

G. Hunters must show proficiency with either a compound bow, recurve bow, or long (stick) bow to pass the course. For each hunter, proficiency will be determined based on the following:

(1) Hunters must complete and pass the course with the same bow or type of bow that the hunter will use during the program.

(2) Arrows used during the course will be equipped with field (practice) points.

(3) The course will consist of three simulated foam deer targets, which will be placed, in the discretion of the IPD Officer(s), at varying distances and elevations.

(4) Hunters must address each target with two arrows, and the hunter will need to accurately shoot into the marked vital area of the simulated deer target.

(5) Hunters must successfully strike the marked vital area with at least five of the six shots to qualify for the program.

(6) Use of range finding devices are not permitted during the course.

H. IPD officer(s) will hold one course each year to test the proficiency of first- and second-year hunters. The date on which the course will be held will be determined by the IPD officer(s), in their discretion. This date will be the only date on which the course will be held for any given year. It is the responsibility of the hunter to attend, complete, and pass the course. The hunter shall have only one chance to pass the course in each year. Failure to do so will result in the hunter being ineligible to participate in the program for that year. No exceptions are permitted for a hunter who is unable to attend the course.

I. New hunters who qualify for the program must walk all permitted Town-owned hunting sites with IPD officer(s) (the "site walk") prior to the new hunter's first season. The site walk will take place one time per year. The date on which the site walk will be held will be determined by the IPD officer(s), in their discretion. It is the responsibility of the new hunter to attend the site walk. A new hunter's failure to attend the site walks will bar participation in the program for that year. No exceptions are permitted for a new hunter who is unable to attend the site walk.

J. A hunter must be able to take part in the program each of the years the hunter qualifies.

K. Hunters must pass the course for the first two consecutive years. Thereafter, they do not need to participate in the course as long as they participate in the program each year. However, a hunter who does not have a current and valid New York State hunting license, a current and valid New York State bowhunter education certificate, and a current and valid DMP for WMU 8C will not be allowed to participate in the program.

L. Hunters who qualify for the program also must obtain an annual Irondequoit discharge permit for each year they choose to participate in the program.

M. At no time shall the total number of hunters participating in the program exceed 30 on a given day. A waiting list of prospective hunters will be maintained by the IPD officer(s).

N. The IPD officer(s), may, at any time, deny or revoke a hunter's ability to participate in the program for failure to comply with these regulations. If the IPD officer(s) denies or revokes a hunter's ability to participate in the program, the hunter may appeal that decision to the DMPB within 30 days of the IPD officer(s)' decision. On the appeal, the hunter and the IPD officer(s) may present any evidence to the DMPB. If the hunter or the IPD officer(s) wish to do so, they may also personally appear before the DMPB to present their evidence. Only after the DMPB renders its decision may a hunter seek judicial intervention.

O. By voluntarily participating in the program, each hunter acknowledges and agrees to be bound by these requirements.

§ 93-3 Regulations governing hunters while hunting pursuant to program.

[Amended 10-20-2020 by L.L. No. 3-2020]

A. The dates of the program will be scheduled by the IPD officer(s), in their discretion, but only from Monday to Friday in any given week. Unless IPD officer(s) state otherwise, hunters may hunt pursuant to the program only from sunrise until 12:00 noon on any scheduled day. Hunting will not be allowed on days in which any school located in the Town is not in session.

B. Hunters must notify the IPD officer(s) at least 48 hours in advance of the day on which they plan to hunt. Hunters can notify the IPD officer(s) by phone, at [phone], or in person.

C. Hunters who choose not to hunt during their scheduled time must notify the IPD officer(s) at least 24 hours in advance of cancelling their scheduled hunt time, so that a replacement hunter can be found. Hunters who fail to show up or cancel their scheduled hunting times for three consecutive scheduled hunting times will be removed from the program. Hunters can switch their scheduled hunting times with other hunters, and the act of switching shall not count as failure to show up or cancel a scheduled hunting time. Hunters must obtain approval from the IPD officer(s) prior to switching scheduled hunting times.

D. Hunters must notify the owner of the property on which they plan to hunt at least 48 hours in advance of the day on which they plan to hunt. Hunters must familiarize themselves with the property on which they plan to hunt and the property boundary lines prior to hunting. Hunters must notify the property owner in advance of familiarizing themselves with the property.

E. Hunters are not required to take an antlerless deer first. However, the next deer taken by the hunter must be an antlerless deer.

F. Hunters shall remain on their designated hunting property for any given hunt, unless they are making a reasonable search to retrieve a wounded or dead deer. A hunter who kills or injures any deer while hunting shall make a reasonable search to retrieve the deer and take it into his or her possession.

G. It shall be the hunter's responsibility to immediately notify any property owner other than the specific property owner who previously authorized the hunt of the fact that an injured or dead deer is located on his or her property. It shall also be the hunter's responsibility to immediately notify the IPD officer(s) of this situation.

H. It shall be the hunter's responsibility to obtain permission of any property owner upon which an injured or dead deer is located prior to engaging in a reasonable search and retrieval of the deer.

I. In the event that a hunter cannot obtain the permission of a property owner, for any reason, to conduct a reasonable search and retrieval of an injured or dead deer, the hunter shall immediately notify the IPD officer(s). The IPD officer(s) must then accompany the hunter to retrieve the wounded or dead deer.

J. Nothing in these regulations authorizes an act of trespass.

K. It shall be the responsibility of the hunter to transport the harvested deer to a location designated by the IPD. A hunter may only field dress a deer at a location designated by the IPD.

L. Hunters shall use best efforts to cover a harvested deer with a tarp or otherwise shield the general public's view and view from neighboring properties of the harvested deer.

M. Hunters shall not discharge any archery device from across any public or private street, sidewalk, road, highway, or playground.

N. Hunters shall not discharge any archery device at such an angle or distance that the arrow lands on public or private property other than the property on which the hunt has been expressly authorized.

O. A hunter shall not discharge any archery device at such an angle or distance that the arrow might land within 50 feet of any street.

P. All hunting shall be conducted at least 150 feet from any dwelling, building, structure or designated bus stop. The minimum distance from dwellings and structures shall not apply to:

(1) The owner or lessee of the dwelling or structure;

(2) Members of the owner's or lessee's immediate family actually residing therein; nor

(3) A hunter acting with the consent of the owner or lessee of the dwelling or structure.

Q. A hunter shall be located in such a way as to direct arrows towards the interior of the property so as to prevent any arrow from landing any closer than 50 feet from any property line. This restriction shall not apply to any property line located behind the hunter, nor any property line between contiguous properties on which the hunter is allowed to hunt pursuant to these regulations.

R. No person shall possess, consume, or be under the influence of alcohol or any other controlled substance while engaged in hunting activities within the Town.

S. Hunters must follow all lawful commands given to them by any IPD officer(s).

T. Hunters are solely liable for any negligent and/or criminal acts they commit while participating in the program.

U. The IPD shall establish a code of conduct for hunters participating in the program which may reference, but need not be limited to, behavior while hunting and best practices for interacting and communicating with residents in connection with the program. Every participating hunter must sign the code of conduct and provide it to the IPD before October 1 of each season in which the hunter wants to participate.

[Amended 8-15-2023 by L.L. No. 8-2023]

V. Hunters must remove any deer stand which, upon inspection by the police by reason of receipt of complaint from any member of the public, is found to be unsafe, dangerous, or a hazard to the community.

[Added 8-15-2023 by L.L. No. 8-2023[1]]

[1] Editor's Note: This local law also redesignated former Subsection V as Subsection VI, which, for codification, was modified to Subsection W to conform with Code numbering.

W. Any violation of the foregoing regulations, or any federal, state, county, and/or Town codes, local laws, regulations or laws, may cause immediate suspension or revocation of a hunter's ability to participate in the program. Such determination shall be based on the preponderance of the evidence, including witness reports or other investigations. Such a determination is an administrative determination. If the IPD suspends or revokes a hunter's ability to participate in the program under this section, the hunter may appeal the decision to the DMPB, pursuant to § 93-2N.

§ 93-4 Permission and waiver from property owner.

A. A property owner must give permission by signing the waiver and release of liability form provided by the Town in order for hunting to occur on his or her property.

B. At any given time, there shall be no more than two hunters on a qualifying private property.

C. Property can only qualify for the program if hunters can satisfy § 93-3M through Q while hunting on the property. The IPD officer(s) will have final authority to determine if a property can qualify for the program. If the IPD officer(s) determines that a property is deemed not to qualify for the program, the property owner may appeal the decision to the DMPB within 30 days of the IPD officer(s)' decision, pursuant to § 93-2N.

D. If (i) for reasons unique to the neighborhood or property and (ii) creating a safety concern for people in that particular neighborhood, a neighbor within 500 feet of the qualified property's boundary line in any direction may request that such property not be included in the program. Such request shall be made in writing to the IPD officer(s), and explain why such property should not be included in the program. The IPD officer(s) will have final authority to determine if a property can qualify for the program. The IPD officer(s) shall inform the neighbor(s) who made the request of their decision within 15 days of receiving the request. Any party aggrieved by the IPD officer(s)' determination whether to include a property can be appealed to the DMPB within 30 days of the IPD officer(s)' decision, pursuant to § 93-2N. Nothing herein shall be construed to limit when a neighbor within 500 feet of a qualified property may request the IPD officer(s) that such property not be included in the program. Notwithstanding the foregoing, subsequent requests to the IPD officer(s) regarding the same qualified property shall not be considered unless the requester provides new or previously unknown information about the qualified property.

E. By voluntarily participating in the program, each property owner(s) acknowledges and agrees to these regulations.