(a) Except as provided in divisions (f) and (g) of this section, no person shall hunt with firearms or other weapons within the City, except for the taking of white-tailed deer with the use of archery equipment that is legal as described in O.A.C. 1501:31-15-11 and in accordance with the terms, requirements, restrictions and conditions of a Municipal Deer Control Permit on:
(1) Property not owned or managed by the City during Ohio's deer hunting seasons only after the following:
A. An application for a Municipal Deer Control Permit has been submitted to the Chief of Police during a designated application period containing:
1. A map, with boundaries outlined on the map, of the property or properties (collectively, the "subject property") on which the applicant (s) wishes to take deer and the approximate location(s) on the subject property where the shooter(s) will be stationed; and
2. The County Auditor's parcel numbers of the subject property and total acreage; and
3. Signatures of all owners of the subject property; and
4. A list of the names, current residence addresses and ages of all shooters that are applying to shoot on the subject property; and
5. Verification that each shooter identified in the application has a current Ohio Hunting License; and
6. Verification that each shooter identified in the application has satisfactorily completed the Ohio Hunter Education Course.
B. The Chief of Police or his designee has issued a Municipal Deer Control Permit to the applicant(s) after visiting the subject property and determining that shooting with archery equipment can be safely conducted on the subject property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity of the proposed shooting locations to structures adjacent to the subject property; and
2. Characteristics of the subject property and neighboring properties.
(2) Property owned or managed by the City (the "subject City property") during Ohio's deer hunting seasons only after the following:
A. An application for a Municipal Deer Control Permit to take deer on the subject City property has been submitted to the Chief of Police during a designated application period containing:
1. A list of the names, current residence addresses and ages of all shooters that are applying to take deer on the subject City property; and
2. Verification that each shooter identified in the application has a current Ohio Hunting License; and
3. Verification that each shooter identified in the application has satisfactorily completed the Ohio Hunter Education Course.
B. The Chief of Police or his designee has issued a Municipal Deer Control Permit to the applicant(s) after visiting the subject property and determining that shooting with archery equipment can be safely conducted on the subject property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity of the proposed shooting locations to structures adjacent to the subject property; and
2. Characteristics of the subject property and neighboring properties.
(3) Property not owned or managed by the City for which a Deer Damage Control Permit (ODNR 9003) from the Ohio Division of Wildlife has been issued (the "control property") only after the following:
A. Not later than 15 days after the owner(s) of the control property has received a Deer Damage Control Permit from the Ohio Division of Wildlife, an application by the owner of the control property for a Municipal Deer Control Permit to shoot on the control property has been submitted to the Chief of Police containing:
1. A map, with boundaries outlined on the map, of the control property and the approximate location(s) on the control property where the shooter(s) will be stationed; and
2. The County Auditor's parcel numbers of the control property and total acreage; and
3. A list of the names, current residence addresses and ages of all shooters that will be permitted to take deer on the control property; and
4. A copy of the Deer Damage Control Permit issued by the Ohio Division of Wildlife; and
5. Verification that each shooter identified in the application has a current Ohio Hunting License; and
6. Verification that each shooter identified in the application has satisfactorily completed the Ohio Hunter Education Course.
B. The Chief of Police or his designee has issued a Municipal Deer Control Permit to the applicant after visiting the control property and determining that shooting with archery equipment can be safely conducted on the control property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity of the proposed shooting locations to structures adjacent to the control property; and
2. Characteristics of the control property and neighboring properties.
(4) Property owned or managed by the City for which a Deer Damage Control Permit from the Ohio Division of Wildlife has been issued (the "control City property") only after the following:
A. An application for a Municipal Deer Control Permit to take deer on the control City property has been submitted to the Chief of Police containing:
1. A list of the names, current residence addresses and ages of all shooters that are applying to take deer on the control City property; and
2. Verification that each shooter identified in the application has a current Ohio Hunting License; and
3. Verification that each shooter identified in the application has satisfactorily completed the Ohio Hunter Education Program.
B. The Chief of Police or his designee has issued a Municipal Deer Control Permit to the applicant(s) after determining that shooting with archery equipment can be safely conducted on the control City property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity to structures adjacent to the control City property; and
2. Characteristics of the Control City Property and neighboring properties.
(b) A Municipal Deer Control Permit may be denied if:
(1) Any of the applicants has violated any provision of this section on any prior occasion; or
(2) The application is incomplete; or
(3) False information has been provided on the application.
(c) The Chief of Police or his designee may attach to a Municipal Deer Control Permit any terms, requirements, restrictions or conditions that the Chief of Police or his designee may deem appropriate for the protection of the public or neighboring properties.
(d) Shooting may only be conducted from a fixed elevated position at least ten feet off the ground, unless the Chief of Police or his designee waives such requirement.
(e) Prior to the issuance of a Municipal Deer Control Permit, the Chief of Police or his designee shall personally notify or notify by ordinary mail the occupants of properties that share a common boundary with any portion of the subject property, subject City property, control property, or control City property, as the case may be, that an application for a Municipal Deer Control Permit for use on such subject property, subject City property, control property, or control City property has been received, unless the Chief of Police or his designee, in his discretion determines that such notification is unnecessary or impractical. The failure of the Chief of Police or his designee to provide such notification shall not invalidate a Municipal Deer Control Permit.
(f) Except as otherwise provided by and excepting white-tailed deer, taking by the use of traps shall not be prohibited.
(g) The City may utilize sharpshooters with firearms to cull white-tailed deer: (i) on property owned or managed by the City, (ii) with the consent of the co-owners or co-managers, on property co-owned or co-managed by the City, or, (iii) with the consent of the owners, on unimproved property (other than property owned or managed by the Lorain County Metropolitan Park District or its Board of Commissioners) that is contiguous at all points along its boundaries with: (A) property owned or managed by the Lorain County Metropolitan Park District or its Board of Commissioners, (B) property owned or managed by the City (including improved and unimproved streets), (C) property the owners of which have given their consent for sharpshooters to cull deer on their property in accordance with this subsection, or (D) a combination of properties described in the foregoing clauses (A), (B) or (C), provided that:
(1) The Chief of Police or his designee has determined that such sharpshooting can be safely conducted on such property; and
(2) Such sharpshooters are obtained through a Federal or State agency; and
(3) Such culling has been approved by the Ohio Department of Natural Resources, Division of Wildlife.
(h) No person may, for the purpose of hindering or preventing the lawful culling of white-tailed deer pursuant to division (g) of this section engage in any of the following conduct:
(1) Block, obstruct, impede or attempt to block, obstruct or impede a person lawfully engaged in such culling;
(2) Erect a barrier with the intent to deny ingress or egress from the areas where such culling is lawfully being conducted;
(3) Make or attempt to make unauthorized physical contact with or in any way interfere with a person lawfully engaged in such culling; or
(4) Make or attempt to make loud noises or gestures, set out or attempt to set out animal baits, scents, lures or human scent, use any other natural or artificial visual, aural, olfactory or physical stimuli, or engage in or attempt to engage in any other similar action or activity in order to interfere with such culling.
(i) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 4-2013. Passed 1-14-13: Ord. 104-2014. Passed 7-14-14; Ord. 28-2015. Passed 3-9-15.)