(a) The hunting or trapping of animals or fowl within the municipality is prohibited, except as follows:
(1) The limited hunting of white-tailed deer by crossbow or long bow may be permitted within the city under the following terms and conditions:
A. The Chief of Police or his designated representative may, in his sole discretion, issue a Municipal Deer Damage Control Permit to a qualified archer applicant.
B. As a corollary to and following the issuance by the ODNR of its own Deer Damage Control Permit or license to allow only bow-hunting (long bow and crossbow) of white-tailed deer.
C. In areas of not less than five (5) contiguous acres, unless otherwise determined by the Chief of Police or his designee, by a qualified archer, on such forms and subject to such rules and regulations as the Chief may prescribe. The factors to be considered by the Chief of Police or his designee in considering a hunting area of less than five (5) contiguous acres shall include, but not be limited to:
1. The proximity of occupied dwellings;
2. The density of occupied dwellings in the immediate area;
3. The proximity of public streets, highways, or other public land;
4. The proximity in the immediate hunting area and amount of use of pedestrian trails, including sidewalk, bicycle paths, and trails;
5. The density of trees and other vegetation in the hunting area, and the surrounding area;
6. The topography of the land in the hunting area, and the surrounding area; and
7. Other relevant factors as solely determined by the Chief or his designee.
D. Hunting shall be conducted from an elevated platform only.
E. Written permission from the property owner(s) has been obtained.
F. Qualified archer shall be defined as an individual having obtained an approval/certification from approved archery proficiency test site, a valid Ohio hunting license, if applicable, and all other state requirements.
G. Compliance with all laws, rules and regulations of the city and state.
H. All applicants shall agree, in writing, to defend and indemnity the city for any negligent acts or damages committed by the applicant.
I. Any other requirements as deemed necessary to preserve and protect the health, safety and welfare of the residents as determined solely by the Chief of Police.
J. Chief of Police is hereby authorized to promulgate any and all rules and regulations necessary to carry out the provision of this section and all other rules and regulations necessary to insure public health and safety.
K. Nothing in this section shall be deemed to prohibit the killing or trapping of rats and other undesirable rodents or animals authorized to be killed by the Chief of Police using means for such killing or trapping which are also authorized by the Chief or his designee.
(b) 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. 06-129. Passed 9-5-06; Ord. 08-135. Passed 6-17-08; Ord. 16-83. Passed 6-7-16; Ord. 17-63. Passed 5-2-17; Ord. 17-99. Passed 9-19-17; Ord. 19-91. Passed 12-17-19.)