(a) No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality, except that limited hunting may be permitted upon the following terms and conditions:
(1) Council shall have determinmed that a nuisance condition exists within the Village, the animal or fowl creating the nuisance and the specific area or areas within the Village of not less than five (5) contiguous acres in which the nuisance is located; and
(2) No firearms are used; and
(3) The Chief of Police or his or her designated representative within the Police Department shall have issued a limited hunting permit only after determining that the applicant has complied with all laws, rules and regulations of the State and has the written permission of the owner of the property involved. 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 Village and shall be conditioned upon the applicant complying with all laws, rules and regulations of the State. All applicants shall agree, in writing, to defend and indemnify the Village for any negligent acts committed by the applicant while exercising rights granted hereunder. This agreement shall be a part of the application, and signed by the applicant.
(b) For the purposes of this section:
(1) “Nuisance condition” means an identifiable specie of animal is causing continuing or repeated annoyance, inconvenience, alarm, discomfort, injury or damage to persons or property within the Village.
(2) “Five (5) contiguous acres” means an assemblage of one or more parcels of land which total more than two hundred seventeen thousand eight hundred (217,800) square feet.
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 2004-34. Passed 10-5-05.)