§ 113-291.8. Requirement to display hunter orange.
§ 113‑291.8. Requirement to display hunter orange.
(a) Any person huntinggame animals other than foxes, bobcats, raccoons, and opossum, or huntingupland game birds other than wild turkeys, with the use of firearms, must weara cap or hat on his head made of hunter orange material or an outer garment ofhunter orange visible from all sides. Any person hunting deer during a deerfirearms season shall wear hunter orange. Hunter orange material is a materialthat is a daylight fluorescent orange color.
This section does not apply toa landholder, his spouse, or children, who are hunting on land held by thelandholder. This subsection shall be enforced by warning ticket only untilOctober 1, 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant,and quail.
(b) Any personviolating this section during the 1987 big game hunting season shall be given awarning of violation only. Thereafter, any person violating this section hascommitted an infraction and shall pay a fine of twenty‑five dollars ($25.00).An infraction is an unlawful act that is not a crime. The procedure forcharging and trying an infraction is the same as for a misdemeanor, butconviction of an infraction has no consequence other than payment of a fine. Aperson convicted of an infraction may not be assessed court costs.
Wildlife Enforcement Officersare authorized to charge persons with the infraction created by this section.
(c) Failure to wearhunter orange material in violation of this section shall not constitutenegligence per se or contributory negligence per se. (1987, c. 72, s. 1; 1991, c.71, s. 1; 2007‑401, s. 4.)