[HISTORY: Adopted by the Township Committee
of the Township of Colts Neck 5-12-1993 (Ch. 21 of the 1969 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 164.
A.
No person shall discharge a gun, weapon or any firearm
within the shaded areas shown on the "No Discharge of Firearms Area
Map.[1] No person shall discharge a gun, weapon or any firearm
on any property owned by the Township of Colts Neck, except on leased
farmland.
[Amended 2-11-2015; 9-14-2016; 11-13-2019 by Ord. No. 2019-19]
[1]
Editor’s Note: Said map is on file in the Township offices.
B.
No person shall discharge a gun, weapon or any firearm
across another individual's property line without written permission
in possession.
C.
Subsection A shall not be applicable to:
(1)
The discharge of a gun, weapon or any firearm upon
a pistol, rifle or firearm range which is under the supervision of
the Township Police Department.
(2)
Members of the Township Police Department, any law
enforcement officer of any municipal, county, state or federal government
or any representative of the Division of Fish, Game and Wildlife,
Department of Environmental Protection and Energy, State of New Jersey,
while in the performance of their official duties.
(3)
The owner, tenant or lessee (or their guests) or a
person with their express written, dated permission when controlling
woodchucks or other pests, as legally defined, authorized and allowed
by the hunting regulations promulgated annually by the Division of
Fish, Game and Wildlife, Department of Environmental Protection, State
of New Jersey.
(4)
Discharge on privately owned parcels in the shaded areas of the No
Discharge of Firearms Area Map only. The discharge permitted by this
section shall be limited to the hunting of white-tailed deer. Such
discharge shall be further limited to bow and arrow/crossbow only
and shall occur from an elevated location a minimum of 10 feet above
the ground. Any hunting conducted as permitted in this section shall
require written and dated permission of the property owner, which
shall be in the hunter's possession while hunting. Nothing herein
shall relieve a hunter from the Firearm Safety Zone and maintaining
the required distances from any occupied building, school playground
or the like established by the State of New Jersey N.J.S.A. 23:4-16).
The terms of this provision shall apply to all persons, including,
without limitation, any person who is farming the land of another
pursuant to a written or oral agreement; in such instance, the person
farming the land of another may hunt on that land, provided he or
she has written and dated permission of the property owner or owners
which shall be in the hunter's possession while hunting.
[Added 8-13-2014; amended 9-14-2016; 11-13-2019 by Ord. No. 2019-19]
[Amended 8-13-2014; 2-11-2015; 11-13-2019 by Ord. No. 2019-19
Nothing in this chapter shall be construed as
permitting hunting practices where the discharge of firearms is authorized
that contradict or violate N.J.S.A. 23:4-16, as amended, which reads,
in part, as follows:
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23:4-16. Hunting with motor vehicle or
lights; shooting across highway or near occupied building or school
playground; penalty.
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a.
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No person, either in or on a motor vehicle or
vehicle of any kind whatsoever, or by the aid or use of a light carried
on or attached to a motor vehicle or vehicle of any kind, shall hunt
for, pursue, shoot, shoot at, kill, capture, injure or destroy wildlife.
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b.
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No person shall use any portable light or lights
for the purpose of hunting for any wildlife excepting raccoon and
opossum, or other species as provided by the State Game Code.
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c.
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No person shall, for the purpose of hunting,
taking or killing any wildlife, cast an arrow or discharge any firearm
from or across any state, county, municipal or publicly traveled road
or highway.
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d.
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No person, except the owner or lessee of the
building and persons specifically authorized by him or her, in writing,
which writing shall be in the person's possession, shall, for the
purpose of hunting, taking or killing any wildlife, have in his or
her possession a loaded firearm within 450 feet or nocked arrow within
150 feet of any occupied building in this state. No firearm, including
a nocked arrow, may be closer than 450 feet of any school property
line. For the purposes of this section, "occupied building" means
any building constructed or adopted for overnight accommodation of
a person, or for operating a business or engaging in an activity therein,
whether or not a person is actually present.
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e.
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A person who violates Subsection a, b, or c
of this section shall be liable to a civil penalty of not less than
$100 nor more than $200 for the first offense, and not less than $200
nor more than $500 for each subsequent offense. A person who violates
Subsection d of this section shall be liable to a civil penalty of
not less than $100 nor more than $300 for the first offense, and not
less than $300 nor more than $1,500 and permanent revocation of all
license certificates required, and all privileges to take or possess
wildlife, for each subsequent offense.
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On or before September 1 of each year, the Township
Administrator shall arrange for the posting of appropriate signs on
all major roads which provide access to this Township advising the
general public that there are zones within the Township of Colts Neck
where guns, weapons or firearms shall not be discharged. The signs
shall also indicate that it shall be necessary for any persons desiring
to discharge guns, weapons or firearms in this Township to obtain
a copy of this chapter at the Colts Neck Police Headquarters. In addition,
the Township Administrator shall prepare and arrange for distribution
of copies of this chapter in any other appropriate manner so that
any persons desiring to discharge firearms in this Township shall
be made aware of this chapter and the state statute which it supplements.
Copies of this chapter shall be made available free of charge.
The Official Firearm Map referred to in § 120-1 shall be updated by the Township Engineer once per year to include lands which have obtained final site plan and/or subdivision approval upon which site work has commenced.
[Amended 10-8-1997; 3-8-2006]
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code. Notwithstanding the foregoing, should any person violate a provision of this chapter which incorporates or refers to the provisions of N.J.S.A. 23:4-1 et seq., then, upon conviction, he or she shall be subject to the fine(s) stated therein.
