As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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-BUCHY-FOX-SAWYER-HOUSEHOLDER-YOUNG-WOMER BENJAMIN-BRADING- 12
MYERS-O'BRIEN-PRINGLE-THOMAS-CORBIN-WILLIAMS 13
15
A B I L L
To enact sections 1533.83, 1533.84, and 1533.85 of 17
the Revised Code to require the Chief of the 18
Division of Wildlife to establish standards for 19
the limitation and suppression of noise and for 20
public safety at shooting ranges, and to provide 21
limited immunity from civil and criminal 22
liability to persons who operate or use shooting 23
ranges in substantial compliance with those 24
rules. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 1533.83, 1533.84, and 1533.85 of 29
the Revised Code be enacted to read as follows: 31
Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.85 OF 33
THE REVISED CODE: 34
(A) "POLITICAL SUBDIVISION" MEANS A MUNICIPAL CORPORATION, 36
TOWNSHIP, COUNTY, OR OTHER BODY CORPORATE AND POLITIC RESPONSIBLE 38
FOR GOVERNMENTAL ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN 39
THAT OF THE STATE. 40
(B) "SHOOTING RANGE" MEANS A FACILITY OPERATED FOR THE 42
PURPOSE OF SHOOTING WITH FIREARMS OR ARCHERY EQUIPMENT, WHETHER 43
PUBLICLY OR PRIVATELY OWNED AND WHETHER OR NOT OPERATED FOR 45
2
PROFIT, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL BIRD SHOOTING 46
PRESERVES AND WILD ANIMAL HUNTING PRESERVES ESTABLISHED PURSUANT 47
TO THIS CHAPTER. "SHOOTING RANGE" DOES NOT INCLUDE A FACILITY 48
OWNED OR OPERATED BY A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP 49
POLICE DISTRICT.
(C) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR 51
PROPERTY. 52
(D) "THE CHIEF'S NOISE RULES" MEANS THE RULES OF THE CHIEF 55
OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT TO SECTION 56
1533.84 OF THE REVISED CODE AND THAT PERTAIN TO THE LIMITATION OR 58
SUPPRESSION OF NOISE AT A SHOOTING RANGE.
(E) "THE CHIEF'S PUBLIC SAFETY RULES" MEANS THE RULES OF 60
THE CHIEF OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT 61
TO SECTION 1533.84 OF THE REVISED CODE AND THAT PERTAIN TO PUBLIC 64
SAFETY. 65
Sec. 1533.84. THE CHIEF OF THE DIVISION OF WILDLIFE, IN 67
ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE, SHALL ADOPT 69
RULES ESTABLISHING GENERALLY ACCEPTED STANDARDS FOR SHOOTING 70
RANGES. THESE RULES SHALL BE CONSISTENT WITH NATIONAL RIFLE 71
ASSOCIATION STANDARDS, AND INCLUDE STANDARDS FOR THE LIMITATION 72
AND SUPPRESSION OF NOISE, STANDARDS FOR THE HOURS OF OPERATION OF 73
SHOOTING RANGES OF THE VARIOUS TYPES AND AT THE VARIOUS LOCATIONS 74
OF RANGES, AND STANDARDS FOR PUBLIC SAFETY. THE RULES MAY 75
INCLUDE STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT, 76
REMODELING, OR REPAIR OF ANY STRUCTURE OR FACILITY THAT IS PART 77
OF A SHOOTING RANGE. THIS SECTION SHALL NOT BE CONSTRUED AS 79
PREEMPTING ANY STATE OR LOCAL BUILDING, ZONING, SANITATION, 80
HEALTH, FIRE, OR OTHER SAFETY CODES, RULES, RESOLUTIONS, 81
ORDINANCES, OR OTHER LAWS PERTAINING TO STRUCTURES OR BUILDINGS 82
THAT DO NOT CONFLICT WITH THE RULES ADOPTED BY THE CHIEF UNDER 83
THIS SECTION. THE RULES SHALL PROVIDE THAT TO THE EXTENT 85
PRACTICABLE WITHOUT CREATING UNDUE HARDSHIP ON SHOOTING RANGES,
ANY LOCAL LAWS CREATING STANDARDS FOR THE RECONSTRUCTION, 86
ENLARGEMENT, REMODELING, OR REPAIR OF STRUCTURES THAT APPLY 87
3
GENERALLY TO ALL STRUCTURES AND NOT EXCLUSIVELY OR PRIMARILY TO 88
SHOOTING RANGES APPLY TO SHOOTING RANGES AND THAT AT THE TIME OF 89
ITS ESTABLISHMENT A SHOOTING RANGE SHALL COMPLY WITH LOCAL ZONING 90
REGULATIONS.
THE CHIEF OF THE DIVISION OF WILDLIFE SHALL CONSULT WITH A 92
REPRESENTATIVE SAMPLE OF PERSONS AND ORGANIZATIONS THAT OWN, 93
OPERATE, OR USE SHOOTING RANGES AND PERSONS AND ORGANIZATIONS 94
THAT REPRESENT COUNTIES, TOWNSHIPS, AND MUNICIPAL CORPORATIONS 95
PRIOR TO FILING OR AMENDING THE RULES REQUIRED OR AUTHORIZED 96
UNDER THIS SECTION IN ACCORDANCE WITH SECTION 1531.10 OF THE 98
REVISED CODE. A DRAFT COPY OF THE CHIEF'S PROPOSED RULES OR ANY 100
SUBSEQUENT AMENDMENTS TO THE RULES SHALL BE SUBMITTED TO
REPRESENTATIVES OF THE ABOVE-LISTED ORGANIZATIONS, WHO SHALL BE 101
GIVEN THIRTY DAYS TO REVIEW AND SUBMIT WRITTEN COMMENTS ON THE 102
DRAFT RULES TO THE CHIEF. THE CHIEF SHALL CONSIDER BUT NOT BE 103
BOUND BY THE WRITTEN COMMENTS AND SHALL FILE THE INITIAL RULES IN 104
ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE WITHIN ONE 106
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 107
Sec. 1533.85. (A)(1) THE OWNER, OPERATOR, OR USER OF A 110
SHOOTING RANGE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION TO ANY 111
PERSON FOR HARM THAT ALLEGEDLY IS CAUSED BY THE CREATION OF NOISE 112
AT THE SHOOTING RANGE OR THE FAILURE TO LIMIT OR SUPPRESS NOISE 113
AT THE SHOOTING RANGE IF THE OWNER, OPERATOR, OR USER 114
SUBSTANTIALLY COMPLIES WITH THE CHIEF'S NOISE RULES. 115
(2)(a) DIVISION (A) OF THIS SECTION DOES NOT CREATE A NEW 119
CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST AN OWNER, 120
OPERATOR, OR USER OF A SHOOTING RANGE.
(b) DIVISION (A) OF THIS SECTION DOES NOT AFFECT ANY 124
IMMUNITIES FROM OR DEFENSES TO CIVIL LIABILITY ESTABLISHED BY 125
OTHER SECTIONS OF THE REVISED CODE OR AVAILABLE AT COMMON LAW TO 128
WHICH THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE MAY BE
ENTITLED. 129
(c) DIVISION (A) OF THIS SECTION SHALL APPLY ONLY TO HARM 133
THAT OCCURS ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 134
4
(d) DIVISION (A) OF THIS SECTION DOES NOT CONFER AN 138
IMMUNITY FROM CIVIL LIABILITY IN RELATION TO AN OWNER'S, 139
OPERATOR'S, OR USER'S ACTIONS OR OMISSIONS THAT CONSTITUTE 140
NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR INTENTIONALLY 141
TORTIOUS CONDUCT IF THOSE ACTIONS OR OMISSIONS ARE NOT THE 142
SUBJECT OF THE CHIEF'S NOISE RULES OR ARE NOT IN SUBSTANTIAL 143
COMPLIANCE WITH THE CHIEF'S NOISE RULES. 144
(B) THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE IS 147
NOT SUBJECT TO CRIMINAL PROSECUTION UNDER ANY SECTION OF THE 149
REVISED CODE, OR UNDER ANY ORDINANCE, RESOLUTION, OR REGULATION 151
OF A POLITICAL SUBDIVISION, THAT RELATES TO THE CREATION, 152
LIMITATION, OR SUPPRESSION OF NOISE IF THE CONDUCT OF THE OWNER, 153
OPERATOR, OR USER THAT ALLEGEDLY VIOLATES THE SECTION, ORDINANCE, 154
RESOLUTION, OR REGULATION SUBSTANTIALLY COMPLIES WITH THE CHIEF'S 155
NOISE RULES.
(C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE 158
COURTS OF COMMON PLEAS, MUNICIPAL COURTS, HOUSING DIVISIONS OF 159
MUNICIPAL COURTS, AND COUNTY COURTS OF THIS STATE SHALL NOT GRANT 160
INJUNCTIVE RELIEF UNDER CHAPTER 3767. OR ANY OTHER SECTION OF THE 161
REVISED CODE, UNDER AN ORDINANCE, RESOLUTION, OR REGULATION OF A 164
POLITICAL SUBDIVISION, OR UNDER THE COMMON LAW OF THIS STATE 165
AGAINST THE OWNER OR OPERATOR OF A SHOOTING RANGE IN A NUISANCE 167
ACTION IF THE COURT DETERMINES THAT THE OWNER'S OR OPERATOR'S 168
ACTIONS OR OMISSIONS THAT ARE THE SUBJECT OF A COMPLAINT 169
SUBSTANTIALLY COMPLIED WITH THE CHIEF'S NOISE RULES OR THE 170
CHIEF'S PUBLIC SAFETY RULES, WHICHEVER APPLY TO THE NUISANCE
ACTION. 171