Pennsylvania Act 2004-43 — GAME CODE (34 PA.C.S.) - SAFETY ZONES FOR HUNTERS USING BOWS AND ARROWS OR CROSSBOWS

Act text

GAME CODE (34 PA.C.S.) - SAFETY ZONES FOR HUNTERS USING BOWS AND ARROWS
                               OR CROSSBOWS
                  Act of Jun. 23, 2004, P.L. 435, No. 43              Cl. 34
                             Session of 2004
                               No. 2004-43

     HB 565

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, further providing for the safety zone for hunters
        using bows and arrows or crossbows.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2505 of Title 34 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2505.  Safety zones.
        (a)  General rule.--Except as otherwise provided in this
     title or to any political subdivision, its employees or agents,
     which has a valid deer control permit issued under section
     2902(c) (relating to general categories of permits), it is
     unlawful for any person, other than the lawful occupant, while
     hunting game or wildlife, taking furbearers of any kind, or
     pursuing any other privilege granted by this title, to hunt for,
     take, trap, pursue, disturb or otherwise chase any game or
     wildlife or to discharge, for any reason, any firearm, arrow or
     other deadly weapon within or through a safety zone, or to shoot
     at any game or wildlife while it is within the safety zone
     without the specific advance permission of the lawful occupant
     thereof.
        (b)  Penalty.--A violation of this section is a summary
     offense punishable by a fine of not less than $200 nor more than
     $500. A second or subsequent offense within two calendar years
     is a summary offense punishable by a fine of not less than $500
     nor more than $1,000.
        (c)  Definition.--As used in this section, the term "safety
     zone" means:
            (1)  Except as otherwise provided in paragraph (2), the
        area within 150 yards around and that area which is below the
        highest point of any occupied dwelling house, residence, or
        other building or camp occupied by human beings, or any barn,
        stable, or other building used in connection therewith or any
        attached or detached playground of any school, nursery school
        or day-care center.
            (2)  When applied to properly licensed [archery deer
        hunters within any special area designated by commission
        regulations or any area making use of any special permit
        issued in accordance with this title or commission
        regulations] persons hunting with bow and arrow or crossbow,
        the area within 50 yards around and that area which is below
        the highest point of any occupied dwelling house, residence
        or other building or camp occupied by human beings or any
        barn, stable or other building used in connection therewith
        and the area within 150 yards around and that area which is
        below the highest point of any attached or detached
        playground of any school, nursery school or day-care center.
        Section 2.  This act shall apply to the hunting license year
     commencing July 1, 2004, and each hunting license year
     thereafter.
        Section 3.  This act shall take effect July 1, 2004.

     APPROVED--The 23rd day of June, A. D. 2004.

     EDWARD G. RENDELL