(a) No person shall hunt or pursue game within the corporate limits, except that limited hunting of white -tailed deer may be permitted when a permit is issued for such purpose by the Chief of Police, or his or her agent, upon the following terms and conditions:
(1) The hunting shall be conducted in accordance with the permit and only commensurate with the declared hunting season by the Ohio Department of Natural Resources, Division of Wildlife. The permit shall be subject to such reasonable requirements as are deemed necessary to preserve and protect the health, safety and welfare of the residents of the City and shall be conditioned upon the applicant complying with all laws, rules and regulations of the City and State. All applicants shall agree, in writing, to defend and indemnify the City for any negligent acts committed by the applicant while exercising rights granted hereunder. This agreement shall be part of the application, and signed by the applicant;
(2) The applicant uses no firearms or other weapons except a bow and arrow, longbow, compound bow or crossbow;
(3) Prior to the issuance of a permit, the Chief of Police or his or her agent shall make a determination that the applicant has complied with all laws, rules and regulations of the State and has the written permission of all property owners upon whose land the applicant intends to hunt. The
property owner is required to complete and sign an affidavit prescribed by the Chief of Police indicating the person or persons he is authorizing to hunt on his property for the current hunting season. No person shall pursue a wounded or killed deer upon another's property unless the pursuing person has permission to do so.
(4) For the year in which the application is filed, the applicant must provide proof of proficiency with a longbow, compound bow, or crossbow by such test or tests established by the Chief of Police. Applicant must provide written proof of the type of bow utilized in the proficiency test and that he has achieved the required proficiency.
(5) Hunting of white-tailed deer shall be allowed only on parcels of five (5) acres or greater, or a combination of contiguous parcels, not separated by a public roadway, that together are equal to or greater than five (5) acres and where no more than five (5) of the contiguous parcels equal or exceed five (5) acres. Hunting shall be allowed on parcels of less than five (5) acres, or upon contiguous parcels not exceeding five (5) in number if, in the determination of the City, such parcels or collection of contiguous parcels, contain at least three (3) acres of land upon which hunting can actively occur. In assembling parcels to meet the acreage requirements established in this paragraph, municipally owned parcels not used for park purposes may be added to privately owned parcels with the approval of the City Manager and Police Chief and hunting activities may occur upon these municipally owned parcels with the approval of the City Manager and Police Chief and consistent with all rules otherwise provided for in this chapter. The Police Chief may also approve hunting on individual parcels or collections of contiguous parcels not meeting the minimum acreage requirements or parcel number requirements if, in his sole discretion, there exist unique characteristics, as determined by the Police Chief, that would allow hunting activities to safely occur. There shall be no hunting within one hundred (100) feet of a lot line that is not part of a parcel whose owner has given permission to hunt, or within one hundred (100) feet of a driveway or roadway. The Chief of Police, in his sole discretion, may determine any property unsuitable for hunting, regardless of size and location, if he determines public health and safety could be impacted.
(6) Any person obtaining a permit under this section and any property owner giving written permission for deer hunting on the owner's property shall have been deemed to consent to the entry upon the property by municipal police officers and/or other persons designated by the Safety Director to enforce the provisions of this chapter.
(7) All applicants must agree to hunt only from a fixed, elevated position at least eight (8) feet off the ground. Applicants shall not attempt to shoot at a deer upon or over a private driveway, public road or highway, or when that person can visually see residential structures, vehicles, or other persons in the background of his or her shot direction.
(8) (EDITOR’S NOTE: Former subsection (a)(8) was repealed by Ordinance 23-O-073, passed September 5, 2023.)
(9) Any hunter who kills a deer, or any other animal, shall report such a kill to the Police Department within twenty-four (24) hours of the killing and allow it to be inspected by the Department if so desired.
(10) Persons must be eighteen (18) years of age or older to be eligible to obtain a hunting permit.
(Ord. 21-O-063. Passed 10-5-21.)
(b) It shall be prima facie evidence of hunting if a person is found within the corporate limits with any firearm or bow and arrow or other similar weapon, which said weapon is loaded or with the firing mechanism in closed position so that the weapon could be fired if loaded.
(c) The Safety Director is hereby authorized to promulgate any and all rules and regulations necessary to carry out the provisions of this section and all other rules and regulations necessary to insure public health and safety.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 13-O-72. Passed 9-17-13.)