The recreational/sport hunting district is an overlay district designed to provide the sportsmen with an area in which hunting and the discharge of firearms by properly licensed individuals during established hunting seasons is allowed.

(a)

It shall be unlawful for any person to discharge any firearm, pellet gun, paintball gun, or similar device of any type within the city, except: (i) a police officer in the performance of his duty; (ii) a private citizen in justifiable self-defense; (iii) a private citizen while on private property enclosed within a solid fence so as to prevent any paintball projectile from a paintball gun from exiting the property and striking any passersby or other such persons not engaged in the paintball gun related activities; (iv) private citizens utilizing a properly permitted pellet gun firing range which is not in violation of federal, state or local laws; or (v) a properly licensed individual for hunting purposes in the following areas only with the permission of the property owner and only during established hunting seasons as determined by the state wildlife resources commission:

(1)

Pleasant Hill area. The area, as shown on the official zoning map of the city, running along the right-of-way of the Atlantic and North Carolina Railroad to SR 1225 along SR 1225 to SR 1005. Along SR 1005 to N.C. Highway 55. Along N.C. Highway 55 to Stanley Boulevard. Along Stanley Boulevard to the point of beginning at the Atlantic and North Carolina Railroad.

(2)

North Glenburnie Road area. The area, as shown on the official zoning map of the city, beginning at a point at the confluence of Taylors Creek and the Neuse River, extending northwesterly along the city limits, generally along Bachelors Creek, until such line turns westerly and then southwesterly along the city limits to a point 1,600 feet east of Washington Post Road; then running southeasterly along a line parallel to and 1,600 feet east of Washington Post Road and Neuse Boulevard and terminating at a point 500 feet northwest of North Glenburnie Road; running northeasterly in a straight line parallel to but no less than 500 feet from North Glenburnie Road approximately 800 feet to a branch of Taylors Creek; running north and northeasterly along the boundaries of said branch Taylors Creek and thence easterly along such creek to its intersection with the Neuse River at the point of beginning.

(3)

Weyerhaeuser/Weyerhaeuser Real Estate Company area. That portion of the 2,700 acres satellite annexed to the City of New Bern by the adoption of this ordinance on the 12 ^th day of May, 1998, which is not now in the subdivision known as "Evans Mill."

Said discharge of firearms for hunting purposes shall be restricted from within 300 feet of residences and street rights-of-way. The use of high power rifles shall be strictly prohibited in the above-mentioned areas.

(b)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Pellet gun means a handgun or rifle in which a metal pellet of any size is propelled from said instrument by air which has been compressed in such instrument by a pump which is affixed to same, or by a gas cartridge. The term "pellet gun" shall not include a BB rifle or BB pistol by which a small round pellet, traditionally known as a "BB," is projected from the instrument by a spring device, instead of a device by which air may be compressed to varying degrees by a pump which is an integral part of the rifle or pistol.

(2)

Paintball gun means a handgun or rifle in which a plastic, rubber, or similar type container designed to break open upon impact, and which contains a marking substance such as paint, or other indelible liquid, is propelled from said instrument by either a spring device or air which has been compressed in such instrument by a pump which is affixed to same, or by a gas cartridge.

(3)

Similar device means any instrument or device including, but not limited to the following: any combination or configuration of the aforesaid guns or devices, whether manufactured or hand-made, which propel in any manner the aforesaid projectiles.

(4)

Properly permitted pellet gun firing range means an indoor or outdoor pellet gun range located on a high school campus and operated as part of the school curriculum thereby qualifying as an accessory use, provided that the high school pass a safety inspection conducted by the chief of police or his designee, and obtain a zoning permit.

(Ord. No. 1998-31, § 8, 5-12-98; Ord. No. 2003-32, § 1, 6-24-03)