As Reported by the Senate Judiciary 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-BUCHY-FOX-SAWYER-HOUSEHOLDER-YOUNG-WOMER BENJAMIN-BRADING- 12
MYERS-O'BRIEN-PRINGLE-THOMAS-CORBIN-WILLIAMS- 13
SENATORS LATTA-BLESSING 14
16
A B I L L
To enact sections 1533.031, 1533.83, 1533.84, and 18
1533.85 of the Revised Code to require the Chief 19
of the Division of Wildlife to establish
standards for the limitation and suppression of 21
noise and for public safety at shooting ranges, 22
to provide limited immunity from civil and 23
criminal liability to persons who operate or use
shooting ranges in substantial compliance with 24
those rules, and to generally prohibit creating 25
noise to interfere with hunting activity when the
noise is not created on the lands or waters upon 26
which the hunting activity may lawfully occur. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 1533.031, 1533.83, 1533.84, and 31
1533.85 of the Revised Code be enacted to read as follows: 33
Sec. 1533.031. (A) NO PERSON SHALL PURPOSELY PREVENT OR 36
ATTEMPT TO PREVENT ANY PERSON FROM HUNTING A WILD ANIMAL AS 37
AUTHORIZED BY THIS CHAPTER BY CREATING NOISE OR LOUD SOUNDS 38
THROUGH THE USE OF IMPLEMENTS WHEN THE USE OF THE IMPLEMENTS IS 39
INTENDED PRIMARILY TO AFFECT THE BEHAVIOR OF THE WILD ANIMAL 40
2
BEING HUNTED, WHEN THE HUNTING IS TAKING PLACE ON LANDS OR WATERS 41
UPON WHICH THE HUNTING ACTIVITY MAY LAWFULLY OCCUR, AND WHEN THE 42
NOISE OR LOUD SOUNDS ARE CREATED ON LANDS OR WATERS OTHER THAN 43
THE LANDS OR WATERS UPON WHICH THE HUNTING ACTIVITY MAY LAWFULLY 44
OCCUR. "IMPLEMENTS" DOES NOT INCLUDE ITEMS BEING USED IN THE DUE 45
COURSE OF FARMING, FORESTRY, OR COMMERCIAL PRACTICES. 46
(B) UPON PETITION BY A PERSON WHO IS OR REASONABLY MAY BE 49
AFFECTED BY CONDUCT THAT VIOLATES OR WILL VIOLATE DIVISION (A) OF 50
THIS SECTION AND A SHOWING BY THAT PERSON THAT THE CONDUCT HAS 51
OCCURRED IN A PARTICULAR PLACE AND MAY REASONABLY BE EXPECTED TO 52
OCCUR IN OR NEAR THAT PLACE AGAIN, A COURT OF COMMON PLEAS MAY 53
ENJOIN THE CONDUCT IN ACCORDANCE WITH CIVIL RULE 65. 54
Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.85 OF 56
THE REVISED CODE: 57
(A) "POLITICAL SUBDIVISION" MEANS A MUNICIPAL CORPORATION, 59
TOWNSHIP, COUNTY, OR OTHER BODY CORPORATE AND POLITIC RESPONSIBLE 61
FOR GOVERNMENTAL ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN 62
THAT OF THE STATE. 63
(B) "SHOOTING RANGE" MEANS A FACILITY OPERATED FOR THE 65
PURPOSE OF SHOOTING WITH FIREARMS OR ARCHERY EQUIPMENT, WHETHER 66
PUBLICLY OR PRIVATELY OWNED AND WHETHER OR NOT OPERATED FOR 68
PROFIT, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL BIRD SHOOTING 69
PRESERVES AND WILD ANIMAL HUNTING PRESERVES ESTABLISHED PURSUANT 70
TO THIS CHAPTER. "SHOOTING RANGE" DOES NOT INCLUDE A FACILITY 71
OWNED OR OPERATED BY A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP 72
POLICE DISTRICT.
(C) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR 74
PROPERTY. 75
(D) "THE CHIEF'S NOISE RULES" MEANS THE RULES OF THE CHIEF 78
OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT TO SECTION 79
1533.84 OF THE REVISED CODE AND THAT PERTAIN TO THE LIMITATION OR 81
SUPPRESSION OF NOISE AT A SHOOTING RANGE OR TO THE HOURS OF
OPERATION OF SHOOTING RANGES. 82
(E) "THE CHIEF'S PUBLIC SAFETY RULES" MEANS THE RULES OF 84
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THE CHIEF OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT 85
TO SECTION 1533.84 OF THE REVISED CODE AND THAT PERTAIN TO PUBLIC 87
SAFETY, INCLUDING STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT, 88
REMODELING, OR REPAIR OF ANY STRUCTURE OR FACILITY THAT IS PART 89
OF A SHOOTING RANGE. 90
Sec. 1533.84. THE CHIEF OF THE DIVISION OF WILDLIFE, IN 92
ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE, SHALL ADOPT 94
RULES ESTABLISHING GENERALLY ACCEPTED STANDARDS FOR SHOOTING 95
RANGES. THESE RULES SHALL BE NO MORE STRINGENT THAN NATIONAL 96
RIFLE ASSOCIATION STANDARDS, AND INCLUDE STANDARDS FOR THE 98
LIMITATION AND SUPPRESSION OF NOISE, STANDARDS FOR THE HOURS OF 99
OPERATION OF SHOOTING RANGES OF THE VARIOUS TYPES AND AT THE 100
VARIOUS LOCATIONS OF RANGES, AND STANDARDS FOR PUBLIC SAFETY. 102
THE RULES MAY INCLUDE STANDARDS FOR THE RECONSTRUCTION, 103
ENLARGEMENT, REMODELING, OR REPAIR OF ANY STRUCTURE OR FACILITY 104
THAT IS PART OF A SHOOTING RANGE PROVIDED THAT ANY LOCAL LAWS 105
CREATING STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT, 106
REMODELING, OR REPAIR OF STRUCTURES OR FACILITIES THAT APPLY 107
GENERALLY TO ALL STRUCTURES OR FACILITIES AND NOT EXCLUSIVELY OR 108
PRIMARILY TO SHOOTING RANGES ALSO SHALL APPLY TO SHOOTING RANGES. 109
NOTHING IN THIS SECTION LIMITS THE AUTHORITY OF A COUNTY OR 110
TOWNSHIP BOARD OF ZONING APPEALS TO ISSUE CONDITIONAL ZONING 111
CERTIFICATES FOR THE RECONSTRUCTION, ENLARGEMENT, REMODELING, OR 112
REPAIR OF AN EXISTING SHOOTING RANGE PURSUANT TO DIVISION (C) OF 113
SECTION 303.14 OR DIVISION (C) OF SECTION 519.14 OF THE REVISED 117
CODE OR THE AUTHORITY OF A BOARD OF COUNTY COMMISSIONERS OR BOARD 118
OF TOWNSHIP TRUSTEES RELATING TO THE COMPLETION, RESTORATION, 119
RECONSTRUCTION, EXTENSION, OR SUBSTITUTION OF NONCONFORMING USES 120
PURSUANT TO SECTION 303.19 OR 519.19 OF THE REVISED CODE. AT THE 122
TIME OF ITS ESTABLISHMENT, A SHOOTING RANGE SHALL COMPLY WITH ALL 123
EXISTING LOCAL ORDINANCES, REGULATIONS, OR LAWS. 124
THE CHIEF OF THE DIVISION OF WILDLIFE SHALL CONSULT WITH A 126
REPRESENTATIVE SAMPLE OF PERSONS AND ORGANIZATIONS THAT OWN, 127
OPERATE, OR USE SHOOTING RANGES AND PERSONS AND ORGANIZATIONS 128
4
THAT REPRESENT COUNTIES, TOWNSHIPS, MUNICIPAL CORPORATIONS, AND 129
HOLDERS OF REAL PROPERTY ADJOINING SHOOTING RANGES PRIOR TO 130
FILING OR AMENDING THE RULES REQUIRED OR AUTHORIZED UNDER THIS 131
SECTION IN ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE. 134
A DRAFT COPY OF THE CHIEF'S PROPOSED RULES OR ANY SUBSEQUENT 135
AMENDMENTS TO THE RULES SHALL BE SUBMITTED TO REPRESENTATIVES OF 136
THE ABOVE-LISTED ORGANIZATIONS, WHO SHALL BE GIVEN THIRTY DAYS TO 137
REVIEW AND SUBMIT WRITTEN COMMENTS ON THE DRAFT RULES TO THE
CHIEF. THE CHIEF SHALL CONSIDER BUT NOT BE BOUND BY THE WRITTEN 138
COMMENTS AND, AFTER GIVING DUE REGARD TO THE PUBLIC INTERESTS, 139
SHALL FILE THE INITIAL RULES IN ACCORDANCE WITH SECTION 1531.10 140
OF THE REVISED CODE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE 142
EFFECTIVE DATE OF THIS SECTION. 143
Sec. 1533.85. (A)(1) THE OWNER, OPERATOR, OR USER OF A 146
SHOOTING RANGE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION TO ANY 147
PERSON FOR HARM THAT ALLEGEDLY IS CAUSED BY THE CREATION OF NOISE 148
AT THE SHOOTING RANGE OR THE FAILURE TO LIMIT OR SUPPRESS NOISE 149
AT THE SHOOTING RANGE IF THE OWNER, OPERATOR, OR USER 150
SUBSTANTIALLY COMPLIES WITH THE CHIEF'S NOISE RULES. 151
(2)(a) DIVISION (A) OF THIS SECTION DOES NOT CREATE A NEW 155
CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST AN OWNER, 156
OPERATOR, OR USER OF A SHOOTING RANGE.
(b) DIVISION (A) OF THIS SECTION DOES NOT AFFECT ANY 160
IMMUNITIES FROM OR DEFENSES TO CIVIL LIABILITY ESTABLISHED BY 161
OTHER SECTIONS OF THE REVISED CODE OR AVAILABLE AT COMMON LAW TO 164
WHICH THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE MAY BE
ENTITLED. 165
(c) DIVISION (A) OF THIS SECTION SHALL APPLY ONLY TO HARM 169
THAT OCCURS ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 170
(d) DIVISION (A) OF THIS SECTION DOES NOT CONFER AN 174
IMMUNITY FROM CIVIL LIABILITY IN RELATION TO AN OWNER'S, 175
OPERATOR'S, OR USER'S ACTIONS OR OMISSIONS THAT CONSTITUTE 176
NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR INTENTIONALLY 177
TORTIOUS CONDUCT IF THOSE ACTIONS OR OMISSIONS ARE NOT THE 178
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SUBJECT OF THE CHIEF'S NOISE RULES OR ARE NOT IN SUBSTANTIAL 179
COMPLIANCE WITH THE CHIEF'S NOISE RULES. 180
(B) THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE IS 183
NOT SUBJECT TO CRIMINAL PROSECUTION UNDER ANY SECTION OF THE 185
REVISED CODE, OR UNDER ANY ORDINANCE, RESOLUTION, OR REGULATION 187
OF A POLITICAL SUBDIVISION, THAT RELATES TO THE CREATION, 188
LIMITATION, OR SUPPRESSION OF NOISE IF THE CONDUCT OF THE OWNER, 189
OPERATOR, OR USER THAT ALLEGEDLY VIOLATES THE SECTION, ORDINANCE, 190
RESOLUTION, OR REGULATION SUBSTANTIALLY COMPLIES WITH THE CHIEF'S 191
NOISE RULES.
(C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE 194
COURTS OF COMMON PLEAS, MUNICIPAL COURTS, HOUSING DIVISIONS OF 195
MUNICIPAL COURTS, AND COUNTY COURTS OF THIS STATE SHALL NOT GRANT 196
INJUNCTIVE RELIEF UNDER CHAPTER 3767. OR ANY OTHER SECTION OF THE 197
REVISED CODE, UNDER AN ORDINANCE, RESOLUTION, OR REGULATION OF A 200
POLITICAL SUBDIVISION, OR UNDER THE COMMON LAW OF THIS STATE 201
AGAINST THE OWNER OR OPERATOR OF A SHOOTING RANGE IN A NUISANCE 203
ACTION IF THE COURT DETERMINES THAT THE OWNER'S OR OPERATOR'S 204
ACTIONS OR OMISSIONS THAT ARE THE SUBJECT OF A COMPLAINT 205
SUBSTANTIALLY COMPLIED WITH THE CHIEF'S NOISE RULES OR THE 206
CHIEF'S PUBLIC SAFETY RULES, WHICHEVER APPLY TO THE NUISANCE
ACTION. 207