Legislation
SECTION 11-1209
Penalties
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 12
§ 11-1209. Penalties.
1. Whoever shall hunt while his ability is impaired by the consumption
of alcohol shall be guilty of a violation of law.
2. Whoever shall hunt while in an intoxicated condition or while his
ability to hunt is impaired by the use of a drug shall be guilty of a
misdemeanor, punishable by imprisonment in a penitentiary or county jail
for not more than one year, or by a fine of not more than five hundred
dollars, or by both such fine and imprisonment.
3. Notwithstanding any provision in section 11-1205 of this title, the
department may revoke, for a period not exceeding two years, any or all
licenses, bowhunting privileges, muzzle-loading privileges, or permits
to hunt of any person who violates any subdivision of section 11-1203 of
this title. Action by the department resulting in such revocation shall
become effective only after a hearing held by the department upon notice
to such person, at which proof of facts indicating the violation is
established to the satisfaction of the commissioner, or of the hearing
officer and concurred in by the commissioner. A person whose license to
hunt has been revoked as provided in this subdivision is ineligible for
such license during the period determined by the department as provided
in this section. No such person shall, during such period, procure any
license for which he is ineligible. No person shall without license hunt
or trap during any period in which the privilege to do so has been
denied him by the department as provided in this section. When the
department has revoked a license, or has denied to any person the
ability to obtain a license, it shall cause the fact of such revocation
or denial, or both, as the case may be, and the terms and extent
thereof, to be entered in the minutes of the department, and shall
forthwith send a written notice of its action as so entered in the
minutes to the person affected, at his last known address, either by
registered or certified mail or by delivery personally by a
representative of the department. Within five days after service of such
notice, such person shall deliver to the department the license or
licenses revoked, together with any bowhunting privileges,
muzzle-loading privileges or tags issued in connection with them. If the
license was one entitling the holder to the privilege of several
licenses, and the revocation concerned some but not all of such
privileges, any license, bowhunting privilege, muzzle-loading privilege
or tag so delivered shall be returned by the department to the person to
whom it was issued, appropriately marked or stamped to show the extent
to which it is revoked.
4. Violation of any subdivision of section 11-1203 of this title shall
constitute grounds for forfeiture pursuant to the provisions of and
under the procedures prescribed in subdivisions one, two, five, six and
seven of section 71-0909 of this chapter.
1. Whoever shall hunt while his ability is impaired by the consumption
of alcohol shall be guilty of a violation of law.
2. Whoever shall hunt while in an intoxicated condition or while his
ability to hunt is impaired by the use of a drug shall be guilty of a
misdemeanor, punishable by imprisonment in a penitentiary or county jail
for not more than one year, or by a fine of not more than five hundred
dollars, or by both such fine and imprisonment.
3. Notwithstanding any provision in section 11-1205 of this title, the
department may revoke, for a period not exceeding two years, any or all
licenses, bowhunting privileges, muzzle-loading privileges, or permits
to hunt of any person who violates any subdivision of section 11-1203 of
this title. Action by the department resulting in such revocation shall
become effective only after a hearing held by the department upon notice
to such person, at which proof of facts indicating the violation is
established to the satisfaction of the commissioner, or of the hearing
officer and concurred in by the commissioner. A person whose license to
hunt has been revoked as provided in this subdivision is ineligible for
such license during the period determined by the department as provided
in this section. No such person shall, during such period, procure any
license for which he is ineligible. No person shall without license hunt
or trap during any period in which the privilege to do so has been
denied him by the department as provided in this section. When the
department has revoked a license, or has denied to any person the
ability to obtain a license, it shall cause the fact of such revocation
or denial, or both, as the case may be, and the terms and extent
thereof, to be entered in the minutes of the department, and shall
forthwith send a written notice of its action as so entered in the
minutes to the person affected, at his last known address, either by
registered or certified mail or by delivery personally by a
representative of the department. Within five days after service of such
notice, such person shall deliver to the department the license or
licenses revoked, together with any bowhunting privileges,
muzzle-loading privileges or tags issued in connection with them. If the
license was one entitling the holder to the privilege of several
licenses, and the revocation concerned some but not all of such
privileges, any license, bowhunting privilege, muzzle-loading privilege
or tag so delivered shall be returned by the department to the person to
whom it was issued, appropriately marked or stamped to show the extent
to which it is revoked.
4. Violation of any subdivision of section 11-1203 of this title shall
constitute grounds for forfeiture pursuant to the provisions of and
under the procedures prescribed in subdivisions one, two, five, six and
seven of section 71-0909 of this chapter.