[HISTORY: Adopted by The Commissioners of St. Michaels 5-25-2004 by Ord. No. 310. Amendments noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 166.
This chapter shall be known and may be cited as the "Hunting Ordinance."
The Town recognizes the right of property owners in those areas of St. Michaels described as "hunting eligible areas" and "hunting eligible land" as defined in § 197-3 of this chapter to hunt on their own land, and to have guests hunt on their land, subject to certain limitations for the safety and peace of persons occupying neighboring properties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Undefined terms. Except for those words and terms defined herein, all other words and terms shall have their normal and ordinary meaning within the context of this chapter.
B. 
Terms defined by Maryland Code, Natural Resources Article, Title 10 (Wildlife), Subtitle 1 (In General). All of the words and terms defined in Maryland Code, Natural Resources Article, § 10-101 (Definitions), and the definitions of such words and terms, as such section may hereafter be amended from time to time, are incorporated herein by reference.
C. 
Shall is mandatory; may is discretionary or permissive.
D. 
Definitions. For the purposes of this chapter, the following words and terms shall be defined and interpreted as follows:
COMMERCIAL ACTIVITY RELATING TO HUNTING
Includes paid hunting rights, a paid hunting party, a paid hunting guide, operation of a hunting club, hunting lodge or hunting membership organization, or hunting in exchange for any compensation (whether money, services, or otherwise). The term "commercial activity relating to hunting" shall not include the sale of hunting weapons, equipment or supplies, or the cleaning and dressing of wild game.
COMMISSIONERS
The governing body of the Town of St. Michaels, Maryland.
FAST LAND
All land except submerged land (as defined herein).
HUNTING-ELIGIBLE AREA
An area within the Town that has been registered in writing with the Town by the owner of the hunting-eligible land as a hunting-eligible area, and which shall consist of a hunting-eligible land (as defined herein) and may include a riparian area appurtenant to the hunting-eligible land.
HUNTING-ELIGIBLE LAND
One or more parcels of land which:
(1) 
Total at least 90 contiguous acres of fast land; and
(2) 
Each of the contiguous parcels of land shall be:
(a) 
Owned by the identical person(s); and
(b) 
Be classified as being in the Agriculture Zone A under Chapter 340, Zoning, as amended.
OWNER
A natural person who is a record title owner of the hunting-eligible land which is, or forms a part of, the hunting-eligible area on which the hunting is occurring.
SUBMERGED LAND
Land below the mean high tide mark on tidal waters, affected by the regular rise and fall of the tide; or below the mean high-water mark on nontidal waters.
TOWN
That Maryland municipal corporation known as "The Commissioners of St. Michaels."
WILD GAME
Game birds or mammals, as defined by Maryland Code, Natural Resources Article, § 10-101 (Definitions).
A person shall not engage in, cause or permit hunting within the Town boundaries except in strict accordance with each of the following conditions:
A. 
Hunting within the Town boundaries shall be limited to the hunting of wild game within a hunting-eligible area.
B. 
The person or persons who hunt within a hunting-eligible area shall be limited to the following:
(1) 
An owner of the hunting-eligible land that is within the hunting-eligible area in which the hunting is occurring;
(2) 
A resident of the hunting-eligible land that is within the hunting-eligible area in which the hunting is occurring, who is related by blood or marriage to an owner of the hunting-eligible land; and
(3) 
Any person accompanied by an owner of the hunting-eligible land that is within the hunting-eligible area in which the hunting is occurring.
C. 
A hunter shall comply with all applicable federal and Maryland hunting laws and regulations.
D. 
While hunting a hunter shall have on his or her person at all times, and shall display immediately upon the request therefor by any police officer, Natural Resources Police, or game warden having jurisdiction within the Town, the required hunting license, personal identification and any required written permission to hunt in the hunting-eligible area.
E. 
There shall be no commercial activity relating to hunting conducted within the Town boundaries.
F. 
Notwithstanding the prohibition against the discharging of firearms within the Town as provided in Chapter 166, Firearms, of the Code of the Town of St. Michaels, a firearm may be discharged within the Town under the authority of this chapter, provided that:
(1) 
Such firearm is discharged within a hunting-eligible area by a person in the act of hunting pursuant to and in strict compliance with the conditions of this chapter;
(2) 
Such firearm is not discharged at such a direction and angle as to cause or permit the projectile to leave the hunting-eligible area in which is discharged; and
(3) 
Such firearm is a shotgun, a muzzle-loading rifle, a muzzle-loading shotgun, a muzzle-loading handgun, or a muzzle-loading revolver.
A. 
Once the person charged with the first violation of this chapter has received the municipal infraction citation for that first violation, it shall not be necessary to deliver a municipal infraction citation for a subsequent violation of the same section or provision of this chapter before issuing a municipal infraction citation for any further subsequent violation or offense involving the same provision or section of this chapter.
B. 
A violation of any provision of this chapter, or failure to comply with any requirement thereof, shall constitute a municipal infraction. Any person found by a court of competent jurisdiction to have violated this chapter for the first time shall pay a fine equal to the maximum allowable amount permitted by Maryland law for a first offense of a municipal infraction. The fine for a person who is found by a court of competent jurisdiction to have violated this chapter more than one time shall be guilty of a subsequent offense and shall pay a fine equal to the maximum allowable amount permitted by Maryland law for a subsequent offense of a municipal infraction.
C. 
Each violation of this chapter shall constitute a separate offense, subjecting the violator to a separate penalty. A separate violation of this chapter or separate offense shall mean:
(1) 
The continuing violation of the same section or provision of this chapter by the same person at the same location on each separate date;
(2) 
The separate occurrence of a violation of the same section or provision of this chapter by the same person at the same location on the same date;
(3) 
The violation of the same section or provision of this chapter by the same person at a separate property on the same date; or
(4) 
The violation of each section or provision of this chapter by the same person on the same date.
D. 
A subsequent violation or offense shall mean any separate offense involving a violation of the same section or provision of this chapter for which the same person has been previously cited for a municipal infraction, and involving:
(1) 
Substantially the same facts at a different location on the same date as was the violation that is subject of the previous citation; or
(2) 
Substantially the same facts at the same location on a date subsequent to the violation that is subject of the previous citation.
A. 
Nothing contained in this chapter shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violations of this chapter. In addition to, or as an alternative to, citing a violator of this chapter for a municipal infraction and seeking imposition of the penalties associated therewith, the Town may bring a civil action for declaratory judgment and/or injunction to interpret and/or compel compliance with this chapter.
B. 
A person who has been cited with a municipal infraction, and paid a fine and/or been found guilty, for a violation of this chapter, and who after service of such citation upon him or her fails to comply with the same provision of this chapter that is the subject of the said citation, upon being found in violation of such provision of this chapter by a court of competent jurisdiction, shall pay to the Town all of the attorneys' fees, court costs and all other litigation costs incurred by the Town in any civil action brought by the Town against such person for a declaratory judgment and/or injunction to compel compliance with this chapter by such person after the service of such citation for a municipal infraction.
The provisions of this chapter shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience of the Town.