As Passed by the Senate 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
SENATORS LATTA-BLESSING-SUHADOLNIK-SHOEMAKER-WATTS-NEIN- 14
HERINGTON-DIX-CARNES-WHITE-B. JOHNSON-DiDONATO-KEARNS- 15
OELSLAGER-DRAKE-GAETH 16
18
A B I L L
To enact sections 1533.031, 1533.83, 1533.84, and 20
1533.85 of the Revised Code to require the Chief 21
of the Division of Wildlife to establish
standards for the limitation and suppression of 23
noise and for public safety at shooting ranges, 24
to provide limited immunity from civil and 25
criminal liability to persons who operate or use
shooting ranges in substantial compliance with 26
those rules, and to generally prohibit creating 27
noise to interfere with hunting activity when the
noise is not created on the lands or waters upon 28
which the hunting activity may lawfully occur. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 1533.031, 1533.83, 1533.84, and 33
1533.85 of the Revised Code be enacted to read as follows: 35
Sec. 1533.031. (A) NO PERSON SHALL PURPOSELY PREVENT OR 38
ATTEMPT TO PREVENT ANY PERSON FROM HUNTING A WILD ANIMAL AS 39
AUTHORIZED BY THIS CHAPTER BY CREATING NOISE OR LOUD SOUNDS 40
2
THROUGH THE USE OF IMPLEMENTS WHEN THE USE OF THE IMPLEMENTS IS 41
INTENDED PRIMARILY TO AFFECT THE BEHAVIOR OF THE WILD ANIMAL 42
BEING HUNTED, WHEN THE HUNTING IS TAKING PLACE ON LANDS OR WATERS 43
UPON WHICH THE HUNTING ACTIVITY MAY LAWFULLY OCCUR, AND WHEN THE 44
NOISE OR LOUD SOUNDS ARE CREATED ON LANDS OR WATERS OTHER THAN 45
THE LANDS OR WATERS UPON WHICH THE HUNTING ACTIVITY MAY LAWFULLY 46
OCCUR. "IMPLEMENTS" DOES NOT INCLUDE ITEMS BEING USED IN THE DUE 47
COURSE OF FARMING, FORESTRY, OR COMMERCIAL PRACTICES. 48
(B) UPON PETITION BY A PERSON WHO IS OR REASONABLY MAY BE 51
AFFECTED BY CONDUCT THAT VIOLATES OR WILL VIOLATE DIVISION (A) OF 52
THIS SECTION AND A SHOWING BY THAT PERSON THAT THE CONDUCT HAS 53
OCCURRED IN A PARTICULAR PLACE AND MAY REASONABLY BE EXPECTED TO 54
OCCUR IN OR NEAR THAT PLACE AGAIN, A COURT OF COMMON PLEAS MAY 55
ENJOIN THE CONDUCT IN ACCORDANCE WITH CIVIL RULE 65. 56
Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.85 OF 58
THE REVISED CODE: 59
(A) "POLITICAL SUBDIVISION" MEANS A MUNICIPAL CORPORATION, 61
TOWNSHIP, COUNTY, OR OTHER BODY CORPORATE AND POLITIC RESPONSIBLE 63
FOR GOVERNMENTAL ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN 64
THAT OF THE STATE. 65
(B) "SHOOTING RANGE" MEANS A FACILITY OPERATED FOR THE 67
PURPOSE OF SHOOTING WITH FIREARMS OR ARCHERY EQUIPMENT, WHETHER 68
PUBLICLY OR PRIVATELY OWNED AND WHETHER OR NOT OPERATED FOR 70
PROFIT, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL BIRD SHOOTING 71
PRESERVES AND WILD ANIMAL HUNTING PRESERVES ESTABLISHED PURSUANT 72
TO THIS CHAPTER. "SHOOTING RANGE" DOES NOT INCLUDE A FACILITY 73
OWNED OR OPERATED BY A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP 74
POLICE DISTRICT.
(C) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR 76
PROPERTY. 77
(D) "THE CHIEF'S NOISE RULES" MEANS THE RULES OF THE CHIEF 80
OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT TO SECTION 81
1533.84 OF THE REVISED CODE AND THAT PERTAIN TO THE LIMITATION OR 83
SUPPRESSION OF NOISE AT A SHOOTING RANGE OR TO THE HOURS OF
3
OPERATION OF SHOOTING RANGES. 84
(E) "THE CHIEF'S PUBLIC SAFETY RULES" MEANS THE RULES OF 86
THE CHIEF OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT 87
TO SECTION 1533.84 OF THE REVISED CODE AND THAT PERTAIN TO PUBLIC 89
SAFETY, INCLUDING STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT, 90
REMODELING, OR REPAIR OF ANY STRUCTURE OR FACILITY THAT IS PART 91
OF A SHOOTING RANGE. 92
Sec. 1533.84. THE CHIEF OF THE DIVISION OF WILDLIFE, IN 94
ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE, SHALL ADOPT 96
RULES ESTABLISHING GENERALLY ACCEPTED STANDARDS FOR SHOOTING 97
RANGES. THESE RULES SHALL BE NO MORE STRINGENT THAN NATIONAL 98
RIFLE ASSOCIATION STANDARDS, AND INCLUDE STANDARDS FOR THE 100
LIMITATION AND SUPPRESSION OF NOISE, STANDARDS FOR THE HOURS OF 101
OPERATION OF SHOOTING RANGES OF THE VARIOUS TYPES AND AT THE 102
VARIOUS LOCATIONS OF RANGES, AND STANDARDS FOR PUBLIC SAFETY. 104
THE RULES MAY INCLUDE STANDARDS FOR THE RECONSTRUCTION, 105
ENLARGEMENT, REMODELING, OR REPAIR OF ANY STRUCTURE OR FACILITY 106
THAT IS PART OF A SHOOTING RANGE PROVIDED THAT ANY LOCAL LAWS 107
CREATING STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT, 108
REMODELING, OR REPAIR OF STRUCTURES OR FACILITIES THAT APPLY 109
GENERALLY TO ALL STRUCTURES OR FACILITIES AND NOT EXCLUSIVELY OR 110
PRIMARILY TO SHOOTING RANGES ALSO SHALL APPLY TO SHOOTING RANGES. 111
NOTHING IN THIS SECTION LIMITS THE AUTHORITY OF A COUNTY OR 112
TOWNSHIP BOARD OF ZONING APPEALS TO ISSUE OR DENY CONDITIONAL 113
ZONING CERTIFICATES FOR THE RECONSTRUCTION, ENLARGEMENT, 114
REMODELING, OR REPAIR OF AN EXISTING SHOOTING RANGE PURSUANT TO 115
DIVISION (C) OF SECTION 303.14 OR DIVISION (C) OF SECTION 519.14 117
OF THE REVISED CODE OR THE AUTHORITY OF A BOARD OF COUNTY 120
COMMISSIONERS OR BOARD OF TOWNSHIP TRUSTEES RELATING TO THE 121
COMPLETION, RESTORATION, RECONSTRUCTION, EXTENSION, OR 122
SUBSTITUTION OF NONCONFORMING USES PURSUANT TO SECTION 303.19 OR 123
519.19 OF THE REVISED CODE. AT THE TIME OF ITS ESTABLISHMENT, A 124
SHOOTING RANGE SHALL COMPLY WITH ALL EXISTING LOCAL ORDINANCES, 125
REGULATIONS, OR LAWS. 126
4
THE CHIEF OF THE DIVISION OF WILDLIFE SHALL CONSULT WITH A 128
REPRESENTATIVE SAMPLE OF PERSONS AND ORGANIZATIONS THAT OWN, 129
OPERATE, OR USE SHOOTING RANGES AND PERSONS AND ORGANIZATIONS 130
THAT REPRESENT COUNTIES, TOWNSHIPS, MUNICIPAL CORPORATIONS, AND 131
HOLDERS OF REAL PROPERTY ADJOINING SHOOTING RANGES PRIOR TO 132
FILING OR AMENDING THE RULES REQUIRED OR AUTHORIZED UNDER THIS 133
SECTION IN ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE. 136
A DRAFT COPY OF THE CHIEF'S PROPOSED RULES OR ANY SUBSEQUENT 137
AMENDMENTS TO THE RULES SHALL BE SUBMITTED TO REPRESENTATIVES OF 138
THE ABOVE-LISTED ORGANIZATIONS, WHO SHALL BE GIVEN THIRTY DAYS TO 139
REVIEW AND SUBMIT WRITTEN COMMENTS ON THE DRAFT RULES TO THE
CHIEF. THE CHIEF SHALL CONSIDER BUT NOT BE BOUND BY THE WRITTEN 140
COMMENTS AND, AFTER GIVING DUE REGARD TO THE PUBLIC INTERESTS, 141
SHALL FILE THE INITIAL RULES IN ACCORDANCE WITH SECTION 1531.10 142
OF THE REVISED CODE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE 144
EFFECTIVE DATE OF THIS SECTION. 145
Sec. 1533.85. (A)(1) THE OWNER, OPERATOR, OR USER OF A 148
SHOOTING RANGE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION TO ANY 149
PERSON FOR HARM THAT ALLEGEDLY IS CAUSED BY THE CREATION OF NOISE 150
AT THE SHOOTING RANGE OR THE FAILURE TO LIMIT OR SUPPRESS NOISE 151
AT THE SHOOTING RANGE IF THE OWNER, OPERATOR, OR USER 152
SUBSTANTIALLY COMPLIES WITH THE CHIEF'S NOISE RULES. 153
(2)(a) DIVISION (A) OF THIS SECTION DOES NOT CREATE A NEW 157
CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST AN OWNER, 158
OPERATOR, OR USER OF A SHOOTING RANGE.
(b) DIVISION (A) OF THIS SECTION DOES NOT AFFECT ANY 162
IMMUNITIES FROM OR DEFENSES TO CIVIL LIABILITY ESTABLISHED BY 163
OTHER SECTIONS OF THE REVISED CODE OR AVAILABLE AT COMMON LAW TO 166
WHICH THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE MAY BE
ENTITLED. 167
(c) DIVISION (A) OF THIS SECTION SHALL APPLY ONLY TO HARM 171
THAT OCCURS ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 172
(d) DIVISION (A) OF THIS SECTION DOES NOT CONFER AN 176
IMMUNITY FROM CIVIL LIABILITY IN RELATION TO AN OWNER'S, 177
5
OPERATOR'S, OR USER'S ACTIONS OR OMISSIONS THAT CONSTITUTE 178
NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR INTENTIONALLY 179
TORTIOUS CONDUCT IF THOSE ACTIONS OR OMISSIONS ARE NOT THE 180
SUBJECT OF THE CHIEF'S NOISE RULES OR ARE NOT IN SUBSTANTIAL 181
COMPLIANCE WITH THE CHIEF'S NOISE RULES. 182
(B) THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE IS 185
NOT SUBJECT TO CRIMINAL PROSECUTION UNDER ANY SECTION OF THE 187
REVISED CODE, OR UNDER ANY ORDINANCE, RESOLUTION, OR REGULATION 189
OF A POLITICAL SUBDIVISION, THAT RELATES TO THE CREATION, 190
LIMITATION, OR SUPPRESSION OF NOISE IF THE CONDUCT OF THE OWNER, 191
OPERATOR, OR USER THAT ALLEGEDLY VIOLATES THE SECTION, ORDINANCE, 192
RESOLUTION, OR REGULATION SUBSTANTIALLY COMPLIES WITH THE CHIEF'S 193
NOISE RULES.
(C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE 196
COURTS OF COMMON PLEAS, MUNICIPAL COURTS, HOUSING DIVISIONS OF 197
MUNICIPAL COURTS, AND COUNTY COURTS OF THIS STATE SHALL NOT GRANT 198
INJUNCTIVE RELIEF UNDER CHAPTER 3767. OR ANY OTHER SECTION OF THE 199
REVISED CODE, UNDER AN ORDINANCE, RESOLUTION, OR REGULATION OF A 202
POLITICAL SUBDIVISION, OR UNDER THE COMMON LAW OF THIS STATE 203
AGAINST THE OWNER OR OPERATOR OF A SHOOTING RANGE IN A NUISANCE 205
ACTION IF THE COURT DETERMINES THAT THE OWNER'S OR OPERATOR'S 206
ACTIONS OR OMISSIONS THAT ARE THE SUBJECT OF A COMPLAINT 207
SUBSTANTIALLY COMPLIED WITH THE CHIEF'S NOISE RULES OR THE 208
CHIEF'S PUBLIC SAFETY RULES, WHICHEVER APPLY TO THE NUISANCE
ACTION. 209