Private Acts of 1959 Chapter 221

SECTION 1.  That in Dyer County it shall be lawful to own and operate shooting rows for pen raised pheasants and pen raised quails between October 1, each year, and April 1 of the succeeding year, provided that such shooting rows shall be constructed and operated in places designated by permit from the Director of the Game and Fish Commission.  The recipient shall be charged $15.00 for said permit and it shall include but is not necessarily limited to the following:  Special regulations and boundary of the shooting rows, covered by the permit, regulations for identification and marking of pen reared quail and pen reared pheasant used in shooting rows, provisions covering obtaining pen reared quail and pen reared pheasant to be used in connection with shooting rows, and regulations necessary to prevent wild quail and wild pheasant from being used in connection with shooting rows.  In addition, the owner or operator of shooting rows may sell pheasants and quails for propagation and shooting over shooting rows as authorized by this Act only and he may sell permits for the privilege of using his shooting rows; provided, however, that exotic species, including pheasants, may be sold for food purposes, and/or for the privilege of using shooting rows.

SECTION 2.  That nothing herein shall be construed as exempting any person engaged in the propagation of upland game birds from the requirement to hold a propagation permit as required in Section 51-220, T.C.A., nor from exempting any person shooting over shooting rows described herein from the requirement to hold a valid hunting license as prescribed by Section 51-202, T.C.A.  Provided further, that a violation of any rule or regulations made under the authority granted the Game and Fish Commission by this Act is hereby declared to be a misdemeanor punishable as provided in Sections 51-703, T.C.A. and 51-232, T.C.A. respectively.

COMPILER'S NOTE:  T.C.A. 51-220, recodified as Section 70-2-210, and T.C.A. 51-232 have been repealed.

SECTION 3.  That it is hereby declared to be a misdemeanor for any person to operate a shooting row without a permit as herein provided for, punishable by a fine of not less than Ten Dollars ($10.00) nor more than Twenty-Five Dollars ($25.00), and be it further enacted that a violation of any rule or regulation made under the authority granted the Game and Fish Commission by this Act is hereby declared to be a misdemeanor punishable by a fine of not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00).

SECTION 4.  That any bird which escapes from the propagation pens or shooting rows herein provided for shall become the property of the State and subject to the general game and fish laws.

SECTION 5.  That this Act shall have no effect unless the same shall have been approved by a 2/3 vote of the Quarterly County Court of Dyer County on or before the next regular meeting of the Court, occurring more than five days (5) after this Act has been approved by the Governor.  The presiding officer of the Quarterly County Court shall certify the results of the vote of the Quarterly County Court to the Secretary of State immediately after the action of the Court.

In the event the Court should hold this Chapter need not be approved as provided by Article 11, Section 9, of the Constitution, this Section shall be elided and the General Assembly hereby declared that it would have enacted this Chapter without this Section.

SECTION 6.  That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed:  March 19, 1959.