AN ORDINANCE AMENDING CHAPTER 632 OF THE AVON CODIFIED ORDINANCES AND DECLARING AN EMERGENCY.
WHEREAS, commercial, industrial, and residential development within the City has created a need to restrict hunting and trapping: and,
WHEREAS, it is necessary and desirable to maintain hunting and trapping in a limited manner for wildlife management purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON, LORAIN COUNTY, OHIO:
Section 1. That existing Section 632.01(c) passed as a part of Ordinance 140-63 is hereby repealed, and new Section 632.01(c) below is adopted:
(c) `Approved Range' means a parcel of land registered and licensed by the Ohio Department of Natural Resources, Division of Wildlife, as a Licensed Shooting Preserve or as a Licensed Dog Training Ground.
Section 2. That Sections (e) and (e)(1) below are hereby added to Avon Codified Ordinance 632.01:
(e) `Registered Land' means a site consisting of a minimum of ten (10) contiguous acres of property which includes no individually owned or leased parcel which is smaller, by itself, than two (2) acres, and such property is registered, by the owner or lessee, with the Chief of Police.
(e)(1) For purposes of bow hunting, `Registered Land' means a site consisting of a minimum of five (5) contiguous acres of property which includes no individually owned or leased parcel which is smaller, by itself, than two (2) acres, and such land is registered, by the owner or lessee, with the Chief of Police.
Section 3. That existing Section 632.02(a) passed as a part of Ordinance 42-72 is hereby repealed, and new Section 632.02(a) below is adopted:
No person shall hunt, pursue, or kill any game bird or game animal without having first obtained written permission from the owner or lessee of the registered land where such act takes place. Such written permission must be in possession of the hunter at all times, and produced upon request of a police officer or game warden. No person shall hunt upon land that is not registered land within the context of this Section.
Section 4. That existing Section 632.03(a) of the Avon Codified Ordinances passed as a part of Ordinance 140-63 is hereby repealed, and new Section 632.03(a) below is adopted:
No person shall hunt with any firearm other than a shotgun within the City, except as may be otherwise provided for in this Chapter.
Section 5. That Section 632.07 of the Avon Codified Ordinances below is hereby adopted:
632.07 REGISTRATION OF LAND.
Owners or lessees of parcels of land who desire their land to be registered land for purposes of this Section shall, on an annual basis during the month of August, register such land with the Chief of Police in a manner which he shall designate.
No owner or lessee of a parcel of land which is not registered land shall permit hunting upon same.
Whoever violates subsections (a) or (b) above is guilty of a minor misdemeanor on a first offense, and a fourth degree misdemeanor on any subsequent offense, and shall be subject to the penalty provided in Section 698.02.
Section 6. That Section 632.08 of the Avon Codified Ordinances below is hereby adopted:
632.08 HUNTING OF DEER.
The hunting of deer shall be limited to those periods of time so designated by the Ohio Department of Natural Resources, Division of Wildlife.
The hunting of deer within the City is permitted by hunters utilizing any primitive weapon as defined by the Ohio Department of Natural Resources, Division of Wildlife. The hunting of deer with any other firearm or dangerous ordnance as defined in Section 2923.11 of the Ohio Revised Code is hereby prohibited.
Whoever violates subsections (a) or (b) above is guilty of a third degree misdemeanor, and shall be subject to the penalty provided in Section 698.02.
Section 7. That Section 632.09 of the Avon Codified Ordinances below is hereby adopted:
632.09 DEPARTMENT OF WILDLIFE KILL PERMITS.
(a) A properly issued Nuisance Animal Kill Permit granted by the Ohio Department of Natural Resources, Division of Wildlife, shall take precedence over the requirements of this Chapter.
Any landowner or lessee issued a Nuisance Animal Kill Permit shall be permitted to harvest said animals during such days and times noted on said permit, as well as to utilize any weapon so specified on the permit.
Section 8. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees which resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
Section 9. That this Ordinance is hereby declared to be an emergency measure necessary to the preservation of the public peace, health, safety, and welfare of the citizens of the City of Avon, the immediate emergency being the necessity of regulating hunting within the City, therefore this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor.
BY:__________________ Ted Graczyk, President of Council
DATE APPROVED BY THE MAYOR:____________________
.______________________________ James A. Smith, Mayor
APPROVED AS TO FORM:
.________________________________ Daniel P. Stringer, Law Director
.____________________ Patricia A. Vierkorn, Clerk of Council
In five places as provided by Council.
Prepared by: John R. Vilagi, Chief of Police