GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 167

HOUSE BILL 390

 

AN ACT TO ESTABLISH A WILDLIFE PRESERVE AND BIRD SANCTUARY IN CAPE COLONY SUBDIVISION, CHOWAN COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  A wildlife preserve and bird sanctuary is established in the Cape Colony Subdivision, Chowan County.  The preserve and sanctuary embrace all of the lands described as follows:

"BEGINNING at an iron pipe in the Western boundary of N.C. Hwy 32 Alt. where the land of W. D. Pruden and this tract of land join; thence S. 47 deg 15' W. along the W. D. Pruden line 3453.2 feet to a pipe in the Eastern boundary of the Norfolk and Southern Railroad; thence along the eastern boundary of the Norfolk & Southern R.R. S. 22 deg. 17' E. a distance of approximately 1360 feet to a small canal; thence in a Southwesterly direction along the canal to the Albemarle Sound. Thence along the shore of the Albemarle Sound in a Southeasterly direction to the right of way of the Norfolk & Southern R.R.; thence following the right of way of said railroad along a curve in a Northwesterly direction to the eastern right of way of SR 1120 (Also known as Montpelier Drive); thence along the eastern right of way of SR 1120 in a Northeasterly direction to the western right of way of Hwy 32 Alternate; thence along the western right of way of Hwy 32 Alt. in a North-westerly direction to the point and place of beginning."

Sec. 2.  It is the intent of this act to establish a wildlife preserve and bird sanctuary for the preservation and protection of all animals and birds in Cape Colony Subdivision. It is also the intent of this act to prevent the hazards caused by firing weapons in the Cape Colony Subdivision.

Sec. 3.  The Cape Colony Property Owners Association is authorized to contract with the Department of Transportation for the erection and maintenance of signs, at all major entrances to Cape Colony Subdivision, stating that the area is a wildlife preserve and a bird sanctuary.

Sec. 4.  (a) It is unlawful to trap, hunt, shoot or otherwise kill within the sanctuary and preserve established by this act any bird or animal.

(b)       It is unlawful to discharge, fire or shoot a firearm, pistol, rifle or shotgun except for self protection within the sanctuary and preserve established by this act.

(c)       Violation of this section is a misdemeanor punishable by imprisonment for not more than 30 days, or by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

Sec. 5.  The provisions of this act are enforceable by officers of the Wildlife Resources Commission, the Highway Patrol, the officers of the Chowan County Sheriff's Department and any other State and county officers who have the power of arrest.

Sec. 6.  This act shall become effective 30 days after ratification.

In the General Assembly read three times and ratified, this the 12th day of April, 1983.