FaunaClassifieds - View Single Post - North Carolina state law issues
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Old 03-28-2005, 08:26 PM   #10
Clay Davenport
Quote:
Originally Posted by NCStateHerps
I have one major question though....doesnt state law override the regulations established by cities/counties?
My understanding on this question is that which ever law is more strict will override the other.
For instance, current NC law states you can keep copperheads, there are no restrictions on them at all. Cities or counties can still pass legislation banning them from being kept within their jurisdiction.
Conversely, if something is banned at the state level, a local ordinance cannot allow it to be kept. For instance say this current law is passed and big cats are made illegal, a county cannot exempt itself from that ruling.
The enforcement and repercussions is the question. City regs usually result in fines only, whereas state laws can in some cases result in jail time or at the least probation.

I just learned of this bill myself this weekend. We are going to have to agressively fight these restrictions. The boid clause is completely unreasonable and includes many species which pose absolutely no threat to humans.
It's obvious that the bill is intended to address mammals primarily, but reptiles are always tacked on almost as an after thought.
The good news is that as far as I know this is sort of the first draft and the bill is still in its early stages. That means there is still time to argue for our needs and reach some sort of compromise.
In these cases I always believe it's folly to think we can get away with no changes to the reptile laws, something will be passed. We just have to make sure it's something we can live with. The future of the keeping of retics, burms, and hots in this state is very much in danger, but we can't allow things like boa constrictors and carpet pythons fall victim as well.
We're just getting started spreading the word on this end of the state, and we're going to discuss it at a meeting this week. I feel we may end up having to send a delegation to Raleigh to address the committee and state our case in person.
NC has always been a herp friendly state for the most part, and we can't just sit by and let it become another New York because of the ignorance of a few lawmakers.