(Ark. Code Ann. § 5-71-228 (1995))
ARKANSAS CODE OF 1987 ANNOTATED
TITLE 5. CRIMINAL OFFENSES SUBTITLE 6. OFFENSES AGAINST PUBLIC
HEALTH, SAFETY, OR WELFARE
CHAPTER 71. RIOTS, DISORDERLY CONDUCT, ETC.
SUBCHAPTER 2. OFFENSES GENERALLY
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5-71-228 Obstruction of shooting, hunting,
fishing, or trapping activities.
(a) It is unlawful for any person to willfully obstruct or impede the
participation of any individual in the lawful activity of shooting,
hunting, fishing, or trapping in this state. Provided, that nothing
in this section shall prohibit a landowner or lessee from exercising
his or her lawful right to prohibit hunting, fishing, or trapping on
his or her land, or from exercising any other legal right.
(b)
(1) A court of general jurisdiction may enjoin conduct which would be
in violation of subsection (a) of this section upon petition by a
person affected or who reasonably may be affected by such conduct,
upon a showing that such conduct is threatened or that it has
occurred on a particular premises in the past and that it is not
unreasonable to expect that under similar circumstances it will be
repeated.
(2)
(A) A court of general jurisdiction may award damages to any person
adversely affected by a violation of subsection (a) of this section
which may include an award for punitive damages.
(B) In addition to other items of special damage, measure of damages
may include expenditures of the affected person for license and
permit fees, travel, guides, special equipment, and supplies, to the
extent that such expenditures were rendered futile by prevention of
taking of a wild animal or fish.
(c) Any person violating the provisions of this section shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
punished by a fine of not less than one hundred dollars ($100) nor
more than five hundred dollars ($500), or imprisonment for not to
exceed thirty (30) days, or both, and if such person holds an
Arkansas hunting, fishing, or trapping license at the time of
conviction, such license shall be revoked.
(d) This section shall not prevent any wildlife officer or other law
enforcement officer from performing his or her duties.
History. Acts 1991, No. 149, §§ 1-4. |
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