CCS Comments Below- Bold ours
ORDINANCE
****
The town has the right to prohibit hunting on its land - the "no shooting" provision is contrary to state law if no exceptions are made. The town was not allowing hunting previously, except to "special people" we understand, so little has changed except establishing policy.
Urging landowners to prohibit hunting is unenforceable and clearly an emotional, not a reasonable or factual response to an accident/illegal hunting accident.
Prohibiting the discharge of firearms and other hunting implements IN THE TOWN, is too broad and impacts on the Pistol Permitting Process and the right to self defense. It is also contrary to the Dangerous Weapons statute which allows the use of air rifles/ BB guns and would disallow archery practice on privately owned lands, of which the Town has no control. All these are contingent upon placing "any person or property in jeopardy of injury." we wonder who would make this determination and such actions are already covered under statutory law.
Increasing the 500 foot State requirement for firearms hunting from buildings to 500 yards is clearly exceeds the town's authority. This is exactly the type of local excess of law for which the Coalition sued East Hartford and won. Further, it totally ignores the no distance requirement for bowhunting and demonstrates little knowledge of air gun range.
The possession of any loaded firearm on Town owned property restriction is an offshoot of the "Guns in Public Buildings" law we have defeated for the past two years in West Hartford and in the Legislature. There are no state restrictions on the carrying of loaded handguns except in the Capitol, Legislative Office Building , other places the Legislature meets or buildings posted "no guns" by the owner. The town has no authority for sweeping legislation.
In conclusion, in our opinion, the Town has the authority to pass ONLY the first sentence of the Preamble. The remainder is preempted by the state and illegal.
Many times Town Fathers will pass illegal ordinances requested by one or more residents or to CYA as a method of "solving the problem" - real or perceived. Most of these ordinances are NOT enforced, and when enforced and the town loses in court, the Town can then say "we tried." The Coalition is currently coordinating with state authorities to preclude such illegal actions. Should that fail, we'll be looking for an aggrieved party to become a plaintiff is suing Woodbridge - and we'll win.
It is interesting to note, many other towns are developing special hunt programs for public land to control the deer population. With this ordinance Woodbridge town fathers may face other more vocal citizens with real problems as these legislatively established no-management zones become a haven for poachers and high deer populations causing increased deer-car collisions and homeowner damage.
We applaud
Ms Cooper for her testimony and involvement in opposition to this ordinance.