As Reported by the House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 209 5
1997-1998 6
REPRESENTATIVES ROMAN-WACHTMANN-HODGES-TIBERI-WINKLER-TAYLOR- 8
MOTTLEY-HOOD-VESPER-PADGETT-THOMPSON-BATEMAN-MAIER-LOGAN-JORDAN- 9
JACOBSON-CLANCY-METZGER-HARRIS-OGG-CATES-GARCIA-CAREY-VAN VYVEN- 10
WISE-KREBS-OPFER-BATCHELDER-LUCAS-WESTON-GRENDELL-SCHULER-HAINES- 11
REID 12
14
A B I L L
To enact sections 1533.83, 1533.84, and 1533.85 of 16
the Revised Code to require the Chief of the 17
Division of Wildlife to establish standards for 18
the limitation and suppression of noise and for 19
public safety at shooting ranges, and to provide 20
limited immunity from civil and criminal 21
liability to persons who operate or use shooting 22
ranges in substantial compliance with those 23
rules. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 1533.83, 1533.84, and 1533.85 of 28
the Revised Code be enacted to read as follows: 30
Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.85 OF 32
THE REVISED CODE: 33
(A) "POLITICAL SUBDIVISION" MEANS A MUNICIPAL CORPORATION, 35
TOWNSHIP, COUNTY, OR OTHER BODY CORPORATE AND POLITIC RESPONSIBLE 37
FOR GOVERNMENTAL ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN 38
THAT OF THE STATE. 39
(B) "SHOOTING RANGE" MEANS A FACILITY OPERATED FOR THE 41
PURPOSE OF SHOOTING WITH FIREARMS OR ARCHERY EQUIPMENT, WHETHER 42
PUBLICLY OR PRIVATELY OWNED AND WHETHER OR NOT OPERATED FOR 44
PROFIT, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL BIRD SHOOTING 45
2
PRESERVES AND WILD ANIMAL HUNTING PRESERVES ESTABLISHED PURSUANT 46
TO THIS CHAPTER. "SHOOTING RANGE" DOES NOT INCLUDE A FACILITY 47
OWNED OR OPERATED BY A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP 48
POLICE DISTRICT.
(C) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR 50
PROPERTY. 51
(D) "THE CHIEF'S NOISE RULES" MEANS THE RULES OF THE CHIEF 54
OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT TO SECTION 55
1533.84 OF THE REVISED CODE AND THAT PERTAIN TO THE LIMITATION OR 57
SUPPRESSION OF NOISE AT A SHOOTING RANGE.
(E) "THE CHIEF'S PUBLIC SAFETY RULES" MEANS THE RULES OF 59
THE CHIEF OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT 60
TO SECTION 1533.84 OF THE REVISED CODE AND THAT PERTAIN TO PUBLIC 63
SAFETY. 64
Sec. 1533.84. THE CHIEF OF THE DIVISION OF WILDLIFE, IN 66
ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE, SHALL ADOPT 68
RULES ESTABLISHING GENERALLY ACCEPTED STANDARDS FOR SHOOTING 69
RANGES. THESE RULES SHALL INCLUDE STANDARDS FOR THE LIMITATION 70
AND SUPPRESSION OF NOISE, STANDARDS FOR THE HOURS OF OPERATION OF 71
SHOOTING RANGES OF THE VARIOUS TYPES AND AT THE VARIOUS LOCATIONS 72
OF RANGES, AND STANDARDS FOR PUBLIC SAFETY. THE RULES MAY 73
INCLUDE STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT, 74
REMODELING, OR REPAIR OF ANY STRUCTURE OR FACILITY THAT IS PART 75
OF A SHOOTING RANGE. THIS SECTION SHALL NOT BE CONSTRUED AS 77
PREEMPTING ANY STATE OR LOCAL BUILDING, ZONING, SANITATION, 78
HEALTH, FIRE, OR OTHER SAFETY CODES, RULES, RESOLUTIONS, 79
ORDINANCES, OR OTHER LAWS PERTAINING TO STRUCTURES OR BUILDINGS 80
THAT DO NOT CONFLICT WITH THE RULES ADOPTED BY THE CHIEF UNDER 81
THIS SECTION. THE RULES SHALL PROVIDE THAT TO THE EXTENT 83
PRACTICABLE WITHOUT CREATING UNDUE HARDSHIP ON SHOOTING RANGES,
ANY LOCAL LAWS CREATING STANDARDS FOR THE RECONSTRUCTION, 84
ENLARGEMENT, REMODELING, OR REPAIR OF STRUCTURES THAT APPLY 85
GENERALLY TO ALL STRUCTURES AND NOT EXCLUSIVELY OR PRIMARILY TO 86
SHOOTING RANGES APPLY TO SHOOTING RANGES AND THAT AT THE TIME OF 87
3
ITS ESTABLISHMENT A SHOOTING RANGE SHALL COMPLY WITH LOCAL ZONING 88
REGULATIONS.
THE CHIEF OF THE DIVISION OF WILDLIFE SHALL CONSULT WITH A 90
REPRESENTATIVE SAMPLE OF PERSONS AND ORGANIZATIONS THAT OWN, 91
OPERATE, OR USE SHOOTING RANGES AND PERSONS AND ORGANIZATIONS 92
THAT REPRESENT COUNTIES, TOWNSHIPS, AND MUNICIPAL CORPORATIONS 93
PRIOR TO FILING OR AMENDING THE RULES REQUIRED OR AUTHORIZED 94
UNDER THIS SECTION IN ACCORDANCE WITH SECTION 1531.10 OF THE 96
REVISED CODE. A DRAFT COPY OF THE CHIEF'S PROPOSED RULES OR ANY 98
SUBSEQUENT AMENDMENTS TO THE RULES SHALL BE SUBMITTED TO
REPRESENTATIVES OF THE ABOVE-LISTED ORGANIZATIONS, WHO SHALL BE 99
GIVEN THIRTY DAYS TO REVIEW AND SUBMIT WRITTEN COMMENTS ON THE 100
DRAFT RULES TO THE CHIEF. THE CHIEF SHALL CONSIDER BUT NOT BE 101
BOUND BY THE WRITTEN COMMENTS AND SHALL FILE THE INITIAL RULES IN 102
ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE WITHIN ONE 104
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 105
Sec. 1533.85. (A)(1) THE OWNER, OPERATOR, OR USER OF A 108
SHOOTING RANGE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION TO ANY 109
PERSON FOR HARM THAT ALLEGEDLY IS CAUSED BY THE CREATION OF NOISE 110
AT THE SHOOTING RANGE OR THE FAILURE TO LIMIT OR SUPPRESS NOISE 111
AT THE SHOOTING RANGE IF THE OWNER, OPERATOR, OR USER 112
SUBSTANTIALLY COMPLIES WITH THE CHIEF'S NOISE RULES. 113
(2)(a) DIVISION (A) OF THIS SECTION DOES NOT CREATE A NEW 117
CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST AN OWNER, 118
OPERATOR, OR USER OF A SHOOTING RANGE.
(b) DIVISION (A) OF THIS SECTION DOES NOT AFFECT ANY 122
IMMUNITIES FROM OR DEFENSES TO CIVIL LIABILITY ESTABLISHED BY 123
OTHER SECTIONS OF THE REVISED CODE OR AVAILABLE AT COMMON LAW TO 126
WHICH THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE MAY BE
ENTITLED. 127
(c) DIVISION (A) OF THIS SECTION SHALL APPLY ONLY TO HARM 131
THAT OCCURS ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 132
(d) DIVISION (A) OF THIS SECTION DOES NOT CONFER AN 136
IMMUNITY FROM CIVIL LIABILITY IN RELATION TO AN OWNER'S, 137
4
OPERATOR'S, OR USER'S ACTIONS OR OMISSIONS THAT CONSTITUTE 138
NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR INTENTIONALLY 139
TORTIOUS CONDUCT IF THOSE ACTIONS OR OMISSIONS ARE NOT THE 140
SUBJECT OF THE CHIEF'S NOISE RULES OR ARE NOT IN SUBSTANTIAL 141
COMPLIANCE WITH THE CHIEF'S NOISE RULES. 142
(B) THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE IS 145
NOT SUBJECT TO CRIMINAL PROSECUTION UNDER ANY SECTION OF THE 147
REVISED CODE, OR UNDER ANY ORDINANCE, RESOLUTION, OR REGULATION 149
OF A POLITICAL SUBDIVISION, THAT RELATES TO THE CREATION, 150
LIMITATION, OR SUPPRESSION OF NOISE IF THE CONDUCT OF THE OWNER, 151
OPERATOR, OR USER THAT ALLEGEDLY VIOLATES THE SECTION, ORDINANCE, 152
RESOLUTION, OR REGULATION SUBSTANTIALLY COMPLIES WITH THE CHIEF'S 153
NOISE RULES.
(C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE 156
COURTS OF COMMON PLEAS, MUNICIPAL COURTS, HOUSING DIVISIONS OF 157
MUNICIPAL COURTS, AND COUNTY COURTS OF THIS STATE SHALL NOT GRANT 158
INJUNCTIVE RELIEF UNDER CHAPTER 3767. OR ANY OTHER SECTION OF THE 159
REVISED CODE, UNDER AN ORDINANCE, RESOLUTION, OR REGULATION OF A 162
POLITICAL SUBDIVISION, OR UNDER THE COMMON LAW OF THIS STATE 163
AGAINST THE OWNER OR OPERATOR OF A SHOOTING RANGE IN A NUISANCE 165
ACTION IF THE COURT DETERMINES THAT THE OWNER'S OR OPERATOR'S 166
ACTIONS OR OMISSIONS THAT ARE THE SUBJECT OF A COMPLAINT 167
SUBSTANTIALLY COMPLIED WITH THE CHIEF'S NOISE RULES OR THE 168
CHIEF'S PUBLIC SAFETY RULES, WHICHEVER APPLY TO THE NUISANCE
ACTION. 169