DEER HUNTING

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

I was recently contacted by a citizen in Alexandria that had read an article I recently published on hunting law and wanted to see another article addressing deer hunting and property law.  Always happy to listen to requests, I thought it would be good to address some additional issues pertaining to deer hunting.

In Kentucky, state regulations outline the rules for Deer Hunting.  Once you have a permit, you are allowed to take one antlered deer and one antlerless deer or two antlerless deer.  Deer hunters should also be aware of certain restrictions including that they may only take a deer during daylight hours; use only leashed tracking dogs to recover a wounded deer; not take any deer that is swimming; and not take a deer from a vehicle, boat or horseback unless in possession of a disabled hunting exemption permit. In Kentucky, hunters must also complete a harvest record immediately after taking a deer but before moving the carcass and check a deer on the day the deer is recovered which can now be done online at: fw.ky.gov or by phone at (800) 245-4263. 

Every year, the law in Kentucky is changing and evolving.  The same is true for Deer Hunting and this year, two items are new for the 2017-18 Hunting Season.  First, hunters may remove the hide or head of a harvested deer prior to telechecking it but must retain proof of sex of the animal.  Second, air guns of .35 caliber or larger charged by an external tank, shooting single projectile ammunition designed to expand upon impact are now legal equipment for deer hunting.

Most importantly, safety is key.  It is very important that all hunters and accompanying persons make sure to wear unbroken hunter orange visible from all sides on the head, back, and chest.  State Regulations require this during all gun and youth seasons but it is a best safety practice to always wear hunter orange when hunting. 

Another issue that regularly arises is the property you can hunt on.  You can only hunt on property where you have permission and cannot hunt on property where you have not first received permission.  This not only applies to the activity but also the placement of equipment such as stands and decoys.  Moreover, residential areas are usually restricted from hunting through a variety of local ordinances including those that restrict firing of firearms or the discharge of a bow.  In addition, local zoning regulations may also limit your ability to engage in hunting on your property.  If you are unsure, you should always first check with your local municipality to see if there are any prohibitions.

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

FUNERAL PROCESSIONS

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Unfortunately, I have had to attend a number of funerals lately.  I thought it may be helpful to explain what the laws are concerning funeral processions and other motor vehicle traffic.

Under Kentucky law, any "funeral procession" means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in such a manner so as to be clearly visible to approaching traffic. 

A vehicle in a funeral procession has the right of way at all intersections and may proceed through the intersections if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights.  However, those driving in a funeral procession must exercise due caution with regard to crossing traffic and must yield the right of way to an emergency vehicle such as police, fire, and life squad vehicles.

A person who is not part of the funeral procession is prohibited from driving his vehicle in between the vehicles of the funeral procession and is prohibited from turning on their headlights or engaging in any other conduct for the purpose of securing the right of way granted to funeral processions. 

When a funeral procession is in progress, someone not in the procession is prohibited from passing any vehicle in the funeral procession unless: (1) they are on roads outside of the city limits; (2) are directed to do so by a police officer; or (3) are on an interstate highway or state parkway.  For example, you cannot pass a funeral procession on roads like US 27 or Dixie Highway within the city limits, but you could pass a funeral procession on I-471, I-275, I-75 or I-71. 

A violation of any of the provisions mentioned above is considered a Class B misdemeanor under Kentucky law punishable by up to a fine of $250.00 and/or up to 90 days in jail.  These are obviously serious penalties intended to deter impatient and disrespectful drivers from not yielding the right of way to those in a funeral procession or trying to gain a traffic advantage by passing a funeral procession or acting like they are part of a funeral procession.  Families that are part of a funeral procession are having a difficult enough time dealing with the grief of the death of a loved one without being aggravated or endangered by others who decide to violate the above mentioned traffic laws concerning funeral processions.      

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.