# City of LaFayette Bow Hunting Ordinance



## RustyJeep (Sep 21, 2012)

The City of LaFayette adopted a bow hunting ordinance Sept 10, 2012 that prohibits archery target practice or hunting on land tracts less than 5 contiguous acres. They slipped this ordinance in without a public meeting or without any warning.  Ordinance No. 12-03 Section 15-9.


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## RustyJeep (Sep 21, 2012)

PappyHoel said:


> That's horse puckey!  Which busy body control freak city council voted for that?



According to the city council meeting minutes, it was proposed by Ben Bradford.  
http://cityoflafayettega.org/minutes/ccminutes091012.pdf


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## supernube (Sep 21, 2012)

It's probably unconstitutional.  Georgia amended their constitution to protect hunting and fishing rights.  Our code also states that only DNR can regulate hunting.  Virginia has a similar law and this article describes the court decision. http://www.bowhunting.net/artman/pu...gh_Court_Upholds_ATA_Bowhunting_Victory.shtml

 An interested person ought to call the ATA, they might fight the ordinance pro bono.


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## BeanTrain (Sep 21, 2012)

supernube said:


> It's probably unconstitutional.  Georgia amended their constitution to protect hunting and fishing rights.  Our code also states that only DNR can regulate hunting.  Virginia has a similar law and this article describes the court decision. http://www.bowhunting.net/artman/pu...gh_Court_Upholds_ATA_Bowhunting_Victory.shtml
> 
> An interested person ought to call the ATA, they might fight the ordinance pro bono.



Georgia
Right to Hunt and Fish 
Bill Number: HB 301, 2001 
Status: Passed and signed into law 4/18/2001
This bill amends the Georgia Code to declare that Georgia citizens have the right to take fish and wildlife, subject to the laws and regulations adopted by the board for the public good and welfare. In addition, this bill prohibits local governments from regulating hunting, trapping, or fishing by local ordinance.


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## solocam678 (Sep 21, 2012)

So you can't even target practice in your yard?!?


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## RustyJeep (Sep 21, 2012)

solocam678 said:


> So you can't even target practice in your yard?!?



That's what they are saying.


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## throwdown (Sep 21, 2012)

ALL i can say is "WOW"!


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## meherg (Sep 21, 2012)

they tried the same thing in carroll county a few years back but it didnt work 
hunters need to speak up


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## RustyJeep (Sep 21, 2012)

2010 Georgia Code
TITLE 27 - GAME AND FISH
CHAPTER 1 - GENERAL PROVISIONS
§ 27-1-3 - Legislative declarations; ownership and custody of wildlife; preservation of hunting and fishing opportunities; promotion and right to hunt, trap, or fish; local regulation; general offenses
(d) To hunt, trap, or fish, as defined in this title, or to possess or transport wildlife is declared to be a right to be exercised only in accordance with the laws governing such right. Every person exercising this right does so subject to the authority of the state to regulate hunting, trapping, and fishing for the public good and general welfare; and it shall be unlawful for any person exercising the right of hunting, trapping, fishing, possessing, or transporting wildlife to refuse to permit authorized employees of the department to inspect and count such wildlife to ascertain whether the requirements of the wildlife laws and regulations are being faithfully complied with. Any person who hunts, traps, fishes, possesses, or transports wildlife in violation of the wildlife laws and regulations violates the conditions under which this right is extended; and any wildlife then on his person or within his immediate possession is deemed to be wildlife possessed in violation of the law and is subject to seizure by the department pursuant to Code Section 27-1-21. Nothing in this subsection shall be construed to reduce, infringe upon, or diminish the rights of private property owners as otherwise provided by general law.


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## Sgt Shadow (Sep 21, 2012)

meherg said:


> they tried the same thing in carroll county a few years back but it didnt work
> hunters need to speak up



Thank God it didn't work here in Carroll County. Sounds like they new it wouldn't have passed if they had publicized it.


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## bear claw (Sep 21, 2012)

it that for the entire lafayette area or just in the city limits?


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## RustyJeep (Sep 21, 2012)

Its just for inside the city limits.  I think it will be overturned soon as the DNR is working on it as we speak.


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## meherg (Sep 21, 2012)

Sgt Shadow said:


> Thank God it didn't work here in Carroll County. Sounds like they new it wouldn't have passed if they had publicized it.



hunters had a big meeting at the fair grounds in carrollton


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## lbzdually (Sep 21, 2012)

The fella that proposed the law needs to understand he works for you and that you and many others hunt and that you will make sure he finds another job after his next election.


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## SouthernYankee (Sep 22, 2012)

so from what i understand its unlawful for them to make that law so if i lived in those city limits...id be practicing right in the front yard


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## onemilmhz (Sep 22, 2012)

City Council Minutes said:
			
		

> Councilperson Bradford made motion to adopt the ordinance as proposed with the exception of subsection (b) section 3 & 4 *that 75 yards be changed to 50 yards.*





			
				City of LaFayette Website said:
			
		

> _*Ben Bradford* was born in 1978 and is a life-long resident of Walker County.  He has lived inside the city limits since 2002.  Ben graduated from LaFayette High School in 1997 and attended the University of the Cumberlands, where he was awarded a bachelor's degree in chemistry in 2002.  He taught science at the high school level for eight years before earning his juris doctorate from Atlanta's John Marshall Law School in 2010.  He is currently employed as an assistant public defender at the Walker County branch of the Lookout Mountain Judicial Circuit Office of the Public Defender.  Ben and his wife, Lindsay, along with their three sons, Ryan, Jesse, and Max, attend Naomi Baptist Church._


Sounds like a typical academic egg head with more brains than sense. As if the yardage has anything to do with the issue in the first place! It's also another shining example of how small time politicians think they know everything and can do whatever they want.  I hope the fine people of LaFayette send this idiot packing come election time.


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## supernube (Sep 22, 2012)

Is DNR really addressing this?


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## RustyJeep (Sep 22, 2012)

supernube said:


> Is DNR really addressing this?



Its what I've been told.  I gave one of the councilmen a proposal that included a firearms clause for self defense and no restrictions on archery equipment on private property.  So far all I have gotten is "You have a good argument but you are lucky we didn't put an ordinance on tree stands over 4 feet tall."  I'm starting to hate dealing with politicians.  They can deal with DNR next because I have tried to work out a peaceful resolution with them and failed.


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## RustyJeep (Sep 22, 2012)

DNR says there are alot more city ordinances that aren't in check with § 27-1-3 but they don't have the man power to read every city and county's ordinances.  One of the executive DNR officers read one of my posts on facebook after I posted the new ordinance and is taking action.  Ben is an attorney and says he understands § 27-1-3 and that the ordinance is within compliance.  I have a feeling this is going to be a bumpy ride.


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## dubblebubble (Sep 22, 2012)

I think i would shoot my bow in the fron yard so everybody could see. Then when they arrested me i would be laughing all the way to the bank


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## Grey Man (Sep 22, 2012)

As I read it, limitin target practice is different from limiting hunting. Based on my reading, according to state law the city cannot limit hunting. But I see nothing that prevents them from limiting target practice.  It would probably be easy to get the ban on hunting overturned- hunt, get arrested, win. Target practice, though, I'm not sure on what legal grounds you could get that overturned.

Regardless, the guy has to go.


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## undertaker84 (Sep 22, 2012)

All of that stuff started because some kid probably shot a domestic cat and he was running around with arrow stuck in him. I built a six foot high privacy fence and shoot out of a tree stand in my yard. I told my neighbor i answer to a higher power than the law and if he called the law i would take him to court on invasion of privacy and voyeurism.


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## RustyJeep (Sep 23, 2012)

Cities need to check state and federal law before making ordinances that do not comply to current state and/or federal law. There are probably a few codes that were in compliance to state law when written but do not comply to changes made to state law now. Taking a non complying ordinance and turning it into a still non complying ordinance is not the answer. The answer is not more ordinances. We need less ordinances and we need laws that make sense.


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## RustyJeep (Sep 23, 2012)

Update: I talked to City Councilman Chris Davis and agreed to set down with GHFF, DNR and the council to fix this ordinance.


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## WMA hunter0531 (Sep 23, 2012)

I just saw this, I have never heard of such a thing. I live in the city of Chickamauga about 8 miles from Lafayette, and shoot about every day. 

Please keep us posted.


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## Y.T. (Sep 23, 2012)

BeanTrain said:


> Georgia
> Right to Hunt and Fish
> Bill Number: HB 301, 2001
> Status: Passed and signed into law 4/18/2001
> This bill amends the Georgia Code to declare that Georgia citizens have the right to take fish and wildlife, subject to the laws and regulations adopted by the board for the public good and welfare. In addition, this bill prohibits local governments from regulating hunting, trapping, or fishing by local ordinance.


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## BAMABUCK (Sep 24, 2012)

Did Chris say if it had anything to do with the people  getting caught hunting the walking trail at the rec


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## RustyJeep (Sep 24, 2012)

Apparently it was illegal to hunt on any private land before the ordinance revision.  Chris said they changed the ordinance because someone wanted to hunt a tract of 5 acres with their kids.  He didnt read it thoroughly and didn't notice the target practice clause.  He said since he and his kids practice, the ordinance will have to be changed. As far as I know, this had nothing to do with city property.


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## HuntinDawg89 (Sep 24, 2012)

It has been illegal to shoot ANY firearm and ANY single projectile weapon in Peachtree City for many years.  That means you can't hunt or even shoot your bow or your kid's slingshot or BB gun in the city limits no matter how many acres you have.  They pay sharpshooters to thin out the deer at the PTC airport.


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## swalker1517 (Sep 28, 2012)

Any updates?


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## RustyJeep (Oct 3, 2012)

I met with Ben and Chris tonight.  I have to say that I was impressed with their attitudes and take back anything I might have said that could have been taken as negative.  We are in the process of trying to find middle ground that will be fair for everyone.  Everything is not always what it seems on the surface and from now on, I will be trying to attend the city council and county meetings.


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## mformica (Oct 23, 2012)

Well, please let me know.  I have some deer on our land that I was planning on bow hunting when I got down for Christmas.  

Heck, my kids have a BB gun target range set up (and I've been known to shoot a pistol of two there as well).  No one's ever said anything to me before.


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## Grey Man (Oct 23, 2012)

RustyJeep said:


> Everything is not always what it seems on the surface and from now on, I will be trying to attend the city council and county meetings.



Especially in politics!!!!


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## RustyJeep (Jan 9, 2013)

UPDATE  Ordinance is in process of being rewritten and will be fair to everyone as well as complying to state law.


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## Wilcox (Jan 10, 2013)

RustyJeep said:


> UPDATE  Ordinance is in process of being rewritten and will be fair to everyone as well as complying to state law.



That's great man - a good reminder why we all need to get and stay involved in our local government.  Congrats on getting up and doing something instead of just complaining!


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## BowChilling (Jan 10, 2013)

dubblebubble said:


> I think i would shoot my bow in the fron yard so everybody could see. Then when they arrested me i would be laughing all the way to the bank



You'd be laughing all the way to jail, Jack! 

There are a lot of cities that have ordinances against even shooting a slingshot. Here in Covington there is that very same ordinance. The only exception is that you can shoot a bow as long as you are at least 100 yards from any inhabited dwelling.

It is unlawful for any person to use, discharge or shoot any slingshot, air rifle, or guns discharged by forcing of air, gas, pressure or any other manner, or bow and arrow in the city limits. Provided, however, that this section shall not apply to any person discharging archery equipment on that person's own property or other areas within the corporate limits of the city which are at least one hundred (100) yards from the nearest inhabited dwelling.


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## Grey Man (Jan 10, 2013)

Nice! Well done! Democracy at work!


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## RustyJeep (Jan 11, 2013)

BowChilling said:


> You'd be laughing all the way to jail, Jack!
> 
> There are a lot of cities that have ordinances against even shooting a slingshot. Here in Covington there is that very same ordinance. The only exception is that you can shoot a bow as long as you are at least 100 yards from any inhabited dwelling.
> 
> It is unlawful for any person to use, discharge or shoot any slingshot, air rifle, or guns discharged by forcing of air, gas, pressure or any other manner, or bow and arrow in the city limits. Provided, however, that this section shall not apply to any person discharging archery equipment on that person's own property or other areas within the corporate limits of the city which are at least one hundred (100) yards from the nearest inhabited dwelling.



John Bowers said it would be written similar to the one for Newton County and mentioned one hundred (100) yards from the nearest inhabited dwelling which sounds alot better than 5 contigous acres min.


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