As Reported by the Senate Agriculture Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 103 5
1997-1998 6
SENATORS GARDNER-LATTA-WATTS-WHITE-GAETH-CARNES 8
10
A B I L L
To amend sections 1531.02, 1533.05, 1533.07, 12
1533.10, 1533.111, 1533.17, 1533.66, 1533.68, 13
1533.99, 3773.21, and 3773.99 and to enact
sections 1531.021 and 1531.022 of the Revised 16
Code to permit hunting on any day during open
season on state public hunting areas and certain 17
private lands, to allow grandchildren under age 18
eighteen to hunt on their grandparents' land
without a hunting license, to make changes in the 20
penalty applying to violation of the prohibition 21
against trespassing while hunting or trapping, to 23
provide a qualified immunity from liability to
owners of land upon which a violation of the 24
prohibition occurs, to make other changes to the
law governing hunting, and to prohibit 25
discharging a firearm on or within 1,000 feet of 26
the boundaries of the tract of land on which a
church is located.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 1531.02, 1533.05, 1533.07, 30
1533.10, 1533.111, 1533.17, 1533.66, 1533.68, 1533.99, 3773.21, 31
and 3773.99 be amended and sections 1531.021 and 1531.022 of the 32
Revised Code be enacted to read as follows: 33
Sec. 1531.02. The ownership of and the title to all wild 44
animals in this state, not legally confined or held by private 45
ownership legally acquired, is in the state, which holds such 46
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title in trust for the benefit of all the people. Individual 47
possession shall be obtained only in accordance with the Revised 48
Code or division rules. No person at any time of the year shall 50
take in any manner or possess any number or quantity of wild 51
animals, except such wild animals as THAT the Revised Code or 53
division rules permit to be taken, hunted, killed, or had in 54
possession, and only at such THE time and place, and in such THE 55
manner, as THAT the Revised Code or division rules prescribe. No 57
person shall buy, sell, or offer any part of wild animals for 58
sale, or transport any part of wild animals, except as permitted 59
by the Revised Code or division rules. No person shall possess 60
or transport a wild animal which THAT has been taken unlawfully 61
outside the state. 62
A person doing anything prohibited or neglecting to do 64
anything required by this chapter or Chapter 1533. of the Revised 65
Code or contrary to any division rule violates this section. A 66
person who counsels, aids, shields, or harbors an offender under 67
such chapters or any division rule, or who knowingly shares in 68
the proceeds of such a violation, or receives or possesses any 69
wild animal in violation of the Revised Code or division rule, 70
violates this section. No person shall hunt a wild bird or wild 71
quadruped, except coyotes, fox, groundhogs, or migratory 72
waterfowl as defined in the "Migratory Bird Hunting Stamp Act," 73
48 Stat. 452 (1934), 16 U.S.C.A. 718, as amended, and except as 74
provided in sections 1533.73 and 1533.731 of the Revised Code, on 75
Sunday or use a rifle, at any time, in taking migratory game 76
birds.
Sec. 1531.021. (A) EXCEPT AS PROVIDED IN THIS SECTION, NO 78
PERSON SHALL HUNT A WILD BIRD OR WILD QUADRUPED ON SUNDAY. 81
(B) THE PROHIBITION IN DIVISION (A) OF THIS SECTION SHALL 85
NOT APPLY TO ANY OF THE FOLLOWING:
(1) HUNTING ON PUBLIC LANDS DESIGNATED BY THE DIVISION OF 88
WILDLIFE AS A STATE PUBLIC HUNTING AREA;
(2) HUNTING ON PRIVATE LANDS REGISTERED IN ACCORDANCE WITH 91
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SECTION 1531.022 OF THE REVISED CODE; 93
(3) HUNTING ON ANY PRIVATE LANDS CONSISTING OF NOT LESS 95
THAN TWENTY CONTIGUOUS ACRES BY THE OWNER OF THE LANDS, THE 96
OWNER'S SPOUSE, THE PARENTS AND SIBLINGS OF THE OWNER AND OF THE 97
OWNER'S SPOUSE, THE CHILDREN AND GRANDCHILDREN OF THE OWNER AND 98
OF THE OWNER'S SPOUSE, AND THE SPOUSES OF THE CHILDREN OF THE 99
OWNER AND OF THE OWNER'S SPOUSE. FOR THE PURPOSES OF DIVISION 100
(B)(3) OF THIS SECTION, AREAS OF LAND OWNED BY THE SAME PERSON 101
ARE CONSIDERED TO BE CONTIGUOUS ALTHOUGH THEY ARE SEPARATED BY A 102
PUBLIC ROAD OR HIGHWAY.
(4) HUNTING ON A COMMERCIAL BIRD SHOOTING PRESERVE IN 104
ACCORDANCE WITH SECTION 1533.73 OF THE REVISED CODE; 107
(5) HUNTING ON A WILD ANIMAL HUNTING PRESERVE IN 109
ACCORDANCE WITH SECTION 1533.731 OF THE REVISED CODE; 112
(6) ENGAGING IN THE SPORT OF FALCONRY IN ACCORDANCE WITH 115
RULES ADOPTED PURSUANT TO SECTION 1533.05 OF THE REVISED CODE; 117
(7) HUNTING COYOTES, FOX, GROUNDHOGS, OR MIGRATORY 119
WATERFOWL AS DEFINED IN THE "MIGRATORY BIRD HUNTING STAMP ACT," 125
48 STAT. 452 (1934), 16 U.S.C.A. 718, AS AMENDED. 128
Sec. 1531.022. THE CHIEF OF THE DIVISION OF WILDLIFE OR 131
THE CHIEF'S DESIGNEE SHALL ESTABLISH A PROGRAM UNDER WHICH
OWNER'S OF PRIVATE LANDS WHO WISH TO ALLOW HUNTING ON THEIR LANDS 132
ON SUNDAY MAY REGISTER TO DO SO WITH THE DIVISION. A LANDOWNER 134
MAY REGISTER AN AREA OF LAND WITH THE CHIEF ONLY IF IT MEETS 135
EITHER OF THE FOLLOWING CONDITIONS: 136
(A) THE AREA OF LAND CONSISTS OF NOT LESS THAN ONE HUNDRED 138
CONTIGUOUS ACRES. FOR THE PURPOSES OF THIS DIVISION, AREAS OF 139
LAND OWNED BY THE SAME PERSON ARE CONSIDERED TO BE CONTIGUOUS 140
ALTHOUGH THEY ARE SEPARATED BY A PUBLIC ROAD OR HIGHWAY. 141
(B) IF AN AREA OF LAND CONSISTS OF LESS THAN ONE HUNDRED 144
CONTIGUOUS ACRES, THE OWNER OF THE AREA OF LAND AND ONE OR MORE 145
OTHER OWNERS OF AREAS OF LAND CONSISTING OF LESS THAN ONE HUNDRED
CONTIGUOUS ACRES EACH JOINTLY REGISTER THEIR LANDS WITH THE 146
CHIEF. IN ORDER TO BE ELIGIBLE FOR A JOINT REGISTRATION UNDER 148
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THIS DIVISION, EACH AREA OF LAND PROPOSED TO BE INCLUDED IN THE 149
JOINT REGISTRATION SHALL BE CONTIGUOUS TO AT LEAST ONE OF THE 150
OTHER AREAS OF LAND PROPOSED TO BE INCLUDED, AND THE AREAS OF
LAND PROPOSED TO BE INCLUDED IN THE JOINT REGISTRATION SHALL 151
CONSIST OF A TOTAL OF NOT LESS THAN ONE HUNDRED ACRES. FOR THE 152
PURPOSES OF THIS DIVISION, AREAS OF LAND ARE CONSIDERED TO BE 153
CONTIGUOUS IF THEY SHARE A COMMON BOUNDARY OR ARE SEPARATED ONLY 154
BY A PUBLIC ROAD OR HIGHWAY.
UPON REGISTRATION, THE DIVISION SHALL ISSUE TO EACH 156
AFFECTED LANDOWNER, FREE OF CHARGE, A PERMIT REFLECTING THAT 157
HUNTING ON SUNDAY IS LAWFUL ON THE LANDS SPECIFIED BY THE 159
LANDOWNER IN THE REGISTRATION OR JOINT REGISTRATION. A PERMIT 160
ISSUED UNDER THIS SECTION IS VALID FOR FIVE YEARS, UNLESS THE 162
LANDOWNER INVALIDATES THE PERMIT BY NOTIFYING THE DIVISION THAT 163
THE LANDOWNER NO LONGER WISHES TO ALLOW HUNTING ON SUNDAY ON THE 164
LANDS SPECIFIED IN THE PERMIT. IF ANY LANDOWNER WHO JOINTLY 166
REGISTERS LAND UNDER DIVISION (B) OF THIS SECTION NOTIFIES THE 168
CHIEF THAT THE LANDOWNER NO LONGER WISHES TO ALLOW HUNTING ON 170
SUNDAY ON THE LANDOWNER'S LAND, THE PERMIT IS INVALID WITH 171
RESPECT TO ALL OF THE LANDS SPECIFIED IN THE PERMIT. UPON 172
RECEIVING SUCH A NOTICE FROM A LANDOWNER WHO JOINTLY REGISTERED
LAND UNDER THAT DIVISION, THE CHIEF SHALL NOTIFY THE OTHER 173
LANDOWNERS NAMED IN THE JOINT REGISTRATION OF THE INVALIDATION OF 174
THE PERMIT. A LANDOWNER MAY INVALIDATE A PERMIT AT ANY TIME. 176
IF ANY LANDOWNER WHO REGISTERS OR JOINTLY REGISTERS LAND 178
UNDER THIS SECTION CEASES TO BE THE OWNER OF THE LAND SPECIFIED 179
IN A PERMIT ISSUED UNDER THIS SECTION, THE PERMIT IS INVALID WITH 180
RESPECT TO ALL OF THE LANDS SPECIFIED IN THE PERMIT. UPON 181
CEASING TO BE THE OWNER OF LAND SPECIFIED IN SUCH A PERMIT, THE 182
PERMIT HOLDER SHALL NOTIFY THE CHIEF OF THAT FACT. UPON
RECEIVING SUCH A NOTICE REGARDING LAND JOINTLY REGISTERED UNDER 183
DIVISION (B) OF THIS SECTION, THE CHIEF SHALL NOTIFY THE OTHER 185
LANDOWNERS NAMED IN THE JOINT REGISTRATION OF THE INVALIDATION OF
THE PERMIT. 186
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THE DIVISION SHALL KEEP RECORDS OF ALL REGISTERED 188
LANDOWNERS HOLDING A VALID PERMIT ISSUED UNDER THIS SECTION AND 189
MAY FURNISH THE RECORDS TO WILDLIFE OFFICERS OR OTHER LAW 190
ENFORCEMENT OFFICERS FOR THE PURPOSE OF ENFORCING THE LAW 191
GOVERNING HUNTING ON SUNDAY. 193
THE DIVISION MAY FURNISH A LANDOWNER HOLDING A VALID PERMIT 196
ISSUED UNDER THIS SECTION WITH SIGNS REFLECTING THAT HUNTING ON 197
SUNDAY IS LAWFUL ON THE LANDS ON WHICH THE SIGNS ARE POSTED. 198
THE CHIEF MAY ADOPT ANY RULES NECESSARY FOR IMPLEMENTATION 201
OF THIS SECTION.
Sec. 1533.05. (A) As used in this section and section 213
1533.051 of the Revised Code, "raptor" means a live migratory 214
bird of the family Falconidae or of the family Accipitridae other 215
than a bald eagle (Haliaeetus leucocephalus). 216
(B) The chief of the division of wildlife may authorize 218
the taking, possession, and transportation of raptors for use in 219
the sport of falconry by rules adopted pursuant to section 220
1531.08 of the Revised Code. The rules shall be consistent with 221
federal regulations governing raptors and may authorize the 222
taking of game by the use of raptors, including taking with a 223
trained raptor and a dog. 224
The chief, by rules adopted pursuant to section 1531.08 of 226
the Revised Code, may do all of the following: 227
(1) Notwithstanding any other rule governing the taking of 229
quail, authorize a person engaged in the sport of falconry to 230
permit his THE PERSON'S raptor to take quail; 232
(2) Notwithstanding section 1531.02 of the Revised Code, 234
authorize AUTHORIZE a person engaged in the sport of falconry to 235
permit his THE PERSON'S raptor to take game on Sunday within 237
legal seasons;
(3) Authorize special falconry seasons; 239
(4) Notwithstanding section 1533.07 of the Revised Code, 241
authorize AUTHORIZE a person engaged in the sport of falconry to 242
possess and to permit his THE PERSON'S raptor to take European 244
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starlings, English sparrows, and common pigeons, other than 245
homing pigeons, at any time. 247
(C) No person shall take, possess, or transport a raptor 249
for use in the sport of falconry or shall practice falconry 250
without a permit to do so issued by the chief. The duration of 251
the permit shall be consistent with applicable federal 252
requirements. The chief may require a separate permit for the 253
taking of raptors. 254
The fees for permits shall be set by the chief in amounts 256
sufficient to cover the expenses of the division OF WILDLIFE in 257
exercising its authority under this section and may vary 259
according to class and type of permit. Moneys received from the 260
sale of permits shall be paid into the state treasury to the 261
credit of the fund established in section 1533.15 of the Revised 262
Code.
An applicant for a permit shall present a valid hunting 264
license issued to him THE APPLICANT for the current license year 265
under section 1533.13 of the Revised Code and shall maintain a 266
valid and current hunting license thereafter while taking or 267
attempting to take game or raptors to be used for falconry 268
purposes. A permit issued under this section is not 269
transferable. No person shall carry a permit issued in the name 270
of another person.
(D) Every person, while engaged in falconry on the lands 273
of another, shall carry the permit issued to him THE PERSON under 274
this section together with a valid hunting license issued to him 275
THE PERSON for the current license year under section 1533.13 of 276
the Revised Code and shall exhibit the permit and license to any
law enforcement officer requesting to see them. 278
(E) Notwithstanding any other provision of this section, 280
of any rule adopted by the chief governing falconry, or of any 281
federal regulation governing raptors, no person shall take or 282
disturb for the purpose of falconry the nest of a wild raptor or 283
any young raptor in the wild that is not yet capable of flight 284
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except in such situations, and under the direct supervision of a 285
wildlife officer, where the nest otherwise would be destroyed or 286
the raptor would not survive. 287
Sec. 1533.07. No person shall catch, kill, injure, pursue, 298
or have in his THE PERSON'S possession, either dead or alive, or 299
purchase, expose for sale, transport, or ship to a point within 300
or without the state, or receive or deliver for transportation 301
any bird other than a game bird, or have in his THE PERSON'S 302
possession any part of the plumage, skin, or body of any bird 303
other than a game bird, except as permitted in Chapters CHAPTER 305
1531. and 1533. THIS CHAPTER of the Revised Code, or disturb or 307
destroy the eggs, nest, or young of such a bird.
This section does not prohibit the lawful taking, killing, 309
pursuing, or possession of any game bird during the open season 310
for such THE bird. Hawks or owls causing damage to domestic 311
animals or fowl may be killed by the owner of the domestic animal 313
or fowl while such THE damage is occurring. Bald or golden 314
eagles and ospreys shall not be killed or possessed at any time, 315
except that eagles or ospreys may be possessed for educational 316
purposes by governmental or municipal zoological parks, museums, 317
and scientific or educational institutions. European starlings, 318
English sparrows, and common pigeons, other than homing pigeons, 319
may be killed at any time, except Sunday AS PROVIDED IN SECTION 320
1531.021 OF THE REVISED CODE, and their nests or eggs may be 322
destroyed, at any time. Blackbirds may be killed at any time, 323
except Sunday AS PROVIDED IN SECTION 1531.021 OF THE REVISED
CODE, when doing damage to grain or other property or when they 325
become a nuisance.
Each bird or any part thereof taken or had in possession 327
contrary to this section constitutes a separate offense. 328
Sec. 1533.10. Except as provided in this section or 337
division (A) of section 1533.12 of the Revised Code, no person 338
shall hunt any wild bird or wild quadruped without a hunting 339
license. Each day that any person hunts within the state without 340
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procuring such a license constitutes a separate offense. Every 341
applicant for a hunting license who is a resident of the state 342
and age sixteen or over shall procure a resident hunting license, 343
the fee for which shall be fourteen dollars, unless the rules 344
adopted under division (B) of section 1533.12 of the Revised Code 345
provide for issuance of a resident hunting license to the 346
applicant free of charge. Every applicant who is a resident of 347
the state and under the age of sixteen years shall procure a 348
special youth hunting license, the fee for which shall be 349
one-half of the regular hunting license fee. The owner OF LANDS 350
IN THE STATE and the OWNER'S children of the owner of lands in 352
the state OF ANY AGE AND GRANDCHILDREN UNDER EIGHTEEN YEARS OF 353
AGE may hunt thereon ON THE LANDS without a hunting license. The 355
tenant or manager and children of the tenant or manager, residing 356
on lands in the state, may hunt thereon without a hunting 357
license. Every applicant for a hunting license who is a 358
nonresident of the state shall procure a nonresident hunting 359
license, the fee for which shall be ninety dollars, unless the 360
applicant is a resident of a state that is a party to an 361
agreement under section 1533.91 of the Revised Code, in which 362
case the fee shall be fourteen dollars.
The chief of the division of wildlife may issue a tourist's 364
small game hunting license expiring three days from the effective 365
date of the license to a nonresident of the state, the fee for 366
which shall be twenty-four dollars. No person shall take or 367
possess any animal that is not small game while possessing only a 368
tourist's small game hunting license. A tourist's small game 369
hunting license does not authorize the taking or possessing of 370
ducks, geese, or brant without having obtained, in addition to 371
the tourist's small game hunting license, a wetlands habitat 372
stamp as provided in section 1533.112 of the Revised Code. 373
No person shall procure or attempt to procure a hunting 375
license by fraud, deceit, misrepresentation, or any false 376
statement. 377
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This section does not authorize the taking and possessing 379
of deer or wild turkeys without first having obtained, in 380
addition to the hunting license required by this section, a 381
special deer or wild turkey permit as provided in section 1533.11 382
of the Revised Code or the taking and possessing of ducks, geese, 383
or brant without first having obtained, in addition to the 384
hunting license required by this section, a wetlands habitat 385
stamp as provided in section 1533.112 of the Revised Code. 386
This section does not authorize the hunting or trapping of 388
fur-bearing animals without first having obtained, in addition to 389
a hunting license required by this section, a fur taker permit as 390
provided in section 1533.111 of the Revised Code. 391
NO HUNTING LICENSE SHALL BE ISSUED UNLESS IT IS ACCOMPANIED 393
BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 1533.17 OF THE 394
REVISED CODE AND THE PENALTY FOR ITS VIOLATION. 395
No hunting license shall be issued unless the applicant 397
presents to the agent authorized to issue the license a 398
previously held hunting license or evidence of having held such a 399
license in content and manner approved by the chief, a 400
certificate of completion issued upon completion of a hunter 401
education and conservation course approved by the chief, or 402
evidence of equivalent training in content and manner approved by 403
the chief. 404
No person shall issue a hunting license to any person who 406
fails to present the evidence required by this section. No 407
person shall purchase or obtain a hunting license without 408
presenting to the issuing agent the evidence required by this 409
section. Issuance of a hunting license in violation of the 410
requirements of this section is an offense by both the purchaser 411
of the illegally obtained hunting license and the clerk or agent 412
who issued the hunting license. Any hunting license issued in 413
violation of this section is void. 414
The chief, with approval of the wildlife council, shall 416
adopt rules prescribing a hunter education and conservation 417
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course for first-time hunting license buyers and for volunteer 418
instructors. The course shall consist of subjects including, but 419
not limited to, hunter safety and health, use of hunting 420
implements, hunting tradition and ethics, the hunter and 421
conservation, THE LAW IN SECTION 1533.17 OF THE REVISED CODE 422
ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law 424
relating to hunting. Authorized personnel of the division or 426
volunteer instructors approved by the chief shall conduct such 427
courses with such frequency and at such locations throughout the 428
state as to reasonably meet the needs of license applicants. The 429
chief shall issue a certificate of completion to each person who 430
successfully completes the course and passes an examination 431
prescribed by the chief.
Sec. 1533.111. Except as provided in this section or 440
division (A) of section 1533.12 of the Revised Code, no person 441
shall hunt or trap fur-bearing animals on land of another without 442
first obtaining an annual fur taker permit. Each applicant for a 443
fur taker permit shall pay an annual fee of ten dollars, together 444
with one dollar as a fee to the clerk or other issuing agent, for 445
the permit, except as otherwise provided in this section or 446
unless the rules adopted under division (B) of section 1533.12 of 447
the Revised Code provide for issuance of a fur taker permit to 448
the applicant free of charge. Each applicant who is a resident 449
of the state and under the age of sixteen years shall procure a 450
special youth fur taker permit, the fee for which shall be 451
one-half of the regular fur taker permit fee and which shall be 452
paid together with one dollar as a fee to the clerk or other 453
issuing agent. The fur taker permit shall run concurrently with 454
the hunting license. The money received, other than the one- 455
dollar fee provided for in this section, shall be paid into the 456
state treasury to the credit of the fund established in section 457
1533.15 of the Revised Code. 458
NO FUR TAKER PERMIT SHALL BE ISSUED UNLESS IT IS 460
ACCOMPANIED BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 461
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1533.17 OF THE REVISED CODE AND THE PENALTY FOR ITS VIOLATION. 462
No fur taker permit shall be issued unless the applicant 464
presents to the agent authorized to issue a fur taker permit a 465
previously held hunting license or trapping or fur taker permit 466
or evidence of having held such a license or permit in content 467
and manner approved by the chief of the division of wildlife, a 468
certificate of completion issued upon completion of a trapper 469
education course approved by the chief, or evidence of equivalent 470
training in content and manner approved by the chief. 471
No person shall issue a fur taker permit to any person who 473
fails to present the evidence required by this section. No 474
person shall purchase or obtain a fur taker permit without 475
presenting to the issuing agent the evidence required by this 476
section. Issuance of a fur taker permit in violation of the 477
requirements of this section is an offense by both the purchaser 478
of the illegally obtained permit and the clerk or agent who 479
issued the permit. Any fur taker permit issued in violation of 480
this section is void. 481
The chief, with approval of the wildlife council, shall 483
adopt rules prescribing a trapper education course for first-time 484
fur taker permit buyers and for volunteer instructors. The 485
course shall consist of subjects that include, but are not 486
limited to, trapping techniques, animal habits and 487
identification, trapping tradition and ethics, the trapper and 488
conservation, THE LAW IN SECTION 1533.17 OF THE REVISED CODE 489
ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law 490
relating to trapping. Authorized personnel of the division of 492
wildlife or volunteer instructors approved by the chief shall 493
conduct the courses with such frequency and at such locations 494
throughout the state as to reasonably meet the needs of permit 495
applicants. The chief shall issue a certificate of completion to 496
each person who successfully completes the course and passes an 497
examination prescribed by the chief. 498
Every person, while hunting or trapping fur-bearing animals 501
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on lands of another, shall carry the person's fur taker permit 502
affixed to the person's hunting license with the person's 503
signature written across the face of the permit. Failure to 504
carry such a signed permit constitutes an offense under this 505
section. The chief shall adopt any additional rules the chief 506
considers necessary to carry out this section. 507
The owner and the children of the owner of lands in this 509
state may hunt or trap fur-bearing animals thereon without a fur 510
taker permit. The tenant or manager and children of the tenant 511
or manager may hunt or trap fur-bearing animals on lands where 513
they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall 515
carry a fur taker permit issued in the name of another person. 516
A fur taker permit entitles a nonresident to take from this 519
state fur-bearing animals taken and possessed by the nonresident 520
as provided by law or division rule.
Sec. 1533.17. (A) No person shall hunt or trap upon any 530
lands, pond, lake, or private waters of another, except water 531
claimed by riparian right of ownership in adjacent lands, or 532
shoot, shoot at, catch, kill, injure, or pursue a wild bird, wild 533
waterfowl, or wild animal thereon without obtaining written 534
permission from the owner or his THE OWNER'S authorized agent. 535
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 537
OWNER, LESSEE, RENTER, OR OCCUPANT OF ANY LANDS, POND, LAKE, OR 539
PRIVATE WATERS UPON WHICH A PERSON VIOLATES DIVISION (A) OF THIS 541
SECTION IS NOT LIABLE IN DAMAGES TO ANY PERSON IN A CIVIL ACTION 542
FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES 543
DURING OR INCIDENTAL TO THE VIOLATION. FOR THE PURPOSES OF THIS 544
DIVISION, A FINDING THAT A PERSON VIOLATED DIVISION (A) OF THIS 545
SECTION IS NOT DEPENDENT UPON THE PERSON BEING CHARGED WITH OR 546
CONVICTED OF A VIOLATION OF DIVISION (A) OF THIS SECTION. THIS 548
DIVISION DOES NOT APPLY TO CIVIL CLAIMS BASED UPON ALLEGED 549
WILLFUL OR WANTON MISCONDUCT OR INTENTIONALLY TORTIOUS CONDUCT OF 550
THE OWNER, LESSEE, RENTER, OR OCCUPANT. THIS DIVISION DOES NOT 551
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CREATE A NEW CAUSE OF ACTION OR A SUBSTANTIVE LEGAL RIGHT AGAINST 553
THE OWNER, LESSEE, RENTER, OR OCCUPANT, AND DOES NOT AFFECT ANY 554
IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED BY 555
ANOTHER SECTION OF THE REVISED CODE OR AVAILABLE AT COMMON LAW, 558
TO WHICH THE OWNER, LESSEE, RENTER, OR OCCUPANT MAY BE ENTITLED 559
UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION. 560
(C) A PERSON WHO OBTAINS THE PERMISSION REQUIRED UNDER 563
DIVISION (A) OF THIS SECTION SHALL CARRY IT WITH THE PERSON AT 565
ALL TIMES DURING WHICH THE PERSON IS ENGAGED IN AN ACTIVITY FOR 566
WHICH THE PERMISSION IS REQUIRED AND SHALL EXHIBIT IT UPON 567
REQUEST OF A WILDLIFE OFFICER, CONSTABLE, SHERIFF, DEPUTY 568
SHERIFF, POLICE OFFICER, OTHER LAW ENFORCEMENT OFFICER, OR THE 569
OWNER OF THE LANDS, POND, LAKE, OR PRIVATE WATERS ON WHICH THE 570
PERSON IS HUNTING OR TRAPPING OR THE OWNER'S AUTHORIZED AGENT. 571
Sec. 1533.66. (A) No person shall trespass upon lands or 580
rights in lands of another, lying in or bordering upon a natural 581
or artificial pond or brook less than ten miles in length into 582
which have been introduced brook trout, speckled trout, brown 583
trout, land lock LANDLOCKED salmon, California salmon, or other 584
fish by artificial propagation or actual importation from other 586
waters, for the purpose of fishing for, catching, or killing 587
fish. No
(B) NO person shall catch or kill fish in such pond or 590
brook or buy, receive, or possess fish caught contrary to this 591
section. No
(C) NO person shall willfully place poison or other 594
substance injurious to the health of such fish in a pond or brook 595
described in this section for the purpose of capturing or harming 596
such fish therein, or wrongfully and willfully let the water out 597
of such pond or brook with intent to take or injure fish therein. 598
(D) Prosecutions for a violation of this section shall be 600
instituted only upon the complaint of the person or his THE 601
PERSON'S agent upon whose lands or rights in lands or waters the 602
trespass has been committed. 603
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(E) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 605
OWNER, LESSEE, RENTER, OR OCCUPANT OF LANDS OR RIGHTS IN LANDS 607
UPON WHICH A PERSON VIOLATES DIVISION (A) OF THIS SECTION IS NOT 609
LIABLE IN DAMAGES TO ANY PERSON IN A CIVIL ACTION FOR INJURY, 610
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES DURING OR 611
INCIDENTAL TO THE VIOLATION. FOR THE PURPOSES OF THIS DIVISION, 612
A FINDING THAT A PERSON VIOLATED DIVISION (A) OF THIS SECTION IS 613
NOT DEPENDENT UPON THE PERSON BEING CHARGED WITH OR CONVICTED OF 614
A VIOLATION OF DIVISION (A) OF THIS SECTION. THIS DIVISION DOES 618
NOT APPLY TO CIVIL CLAIMS BASED UPON ALLEGED WILLFUL OR WANTON 619
MISCONDUCT OR INTENTIONALLY TORTIOUS CONDUCT OF THE OWNER, 620
LESSEE, RENTER, OR OCCUPANT. THIS DIVISION DOES NOT CREATE A NEW 621
CAUSE OF ACTION OR A SUBSTANTIVE LEGAL RIGHT AGAINST THE OWNER, 622
LESSEE, RENTER, OR OCCUPANT, AND DOES NOT AFFECT ANY IMMUNITIES 623
FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED BY ANOTHER SECTION 624
OF THE REVISED CODE OR AVAILABLE AT COMMON LAW, TO WHICH THE 627
OWNER, LESSEE, RENTER, OR OCCUPANT MAY BE ENTITLED UNDER 628
CIRCUMSTANCES NOT COVERED BY THIS SECTION. 629
Sec. 1533.68. If a person is convicted of a violation of 638
any law relative to the taking, possession, protection, 639
preservation, or propagation of wild animals, or a violation of 640
division (C) of section 2909.08 of the Revised Code while 641
hunting, or is convicted of a violation of any rule of the 642
division of wildlife, the court or magistrate before whom the 643
conviction is had, as an additional part of the penalty in each 645
case, shall suspend or revoke each license or permit issued to
the person in accordance with any section of the Revised Code 646
pertaining to THE hunting, fishing, trapping, breeding, and sale 647
of wild animals or the sale of their hides, skins, or pelts. No 648
fee paid for such a license or permit shall be returned to the 649
person. 650
No person having his A license or permit suspended or 652
revoked as provided in this section, in the event of a hunting or 653
trapping violation, shall engage in hunting or trapping, in the 654
15
event of a violation of division (C) of section 2909.08 of the 655
Revised Code while hunting, shall engage in hunting, or in the 656
event of a fishing violation, shall engage in fishing, or 657
purchase, apply for, or receive any such license or permit for 658
the following periods of time, as applicable: 659
(A) Three years after the date of conviction, if the 661
person is convicted of taking or possessing a deer in violation 662
of section 1531.02 of the Revised Code; 663
(B) Not more than three years after the date of 665
conviction, if the person is convicted of taking or possessing 666
any other wild animal in violation of section 1531.02 of the 667
Revised Code, or is convicted of a misdemeanor violation of 668
division (C) of section 2909.08 of the Revised Code while 669
hunting, OR IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF 670
SECTION 1533.17 OF THE REVISED CODE WITHIN A PERIOD OF THREE 671
CONSECUTIVE YEARS AFTER THE DATE OF CONVICTION OF THE IMMEDIATELY
PRECEDING VIOLATION OF THAT SECTION; 672
(C) Not more than five years after the date of conviction, 674
if the person is convicted of violating section 1533.171 or of 675
taking or possessing an eagle or osprey in violation of section 676
1533.07 of the Revised Code, or is convicted of a felony 677
violation of division (C) of section 2909.08 of the Revised Code 678
while hunting. 679
All licenses and permits suspended or revoked as provided 681
in this section shall be taken up by the magistrate and sent to 682
the department of natural resources where they shall be filed 683
with a record of the arrest until the person who held the 684
suspended or revoked license or permit is lawfully entitled to 685
obtain another license or permit. 686
Sec. 1533.99. (A) Whoever violates section 1533.17 of the 695
Revised Code is guilty of a minor misdemeanor OF THE THIRD DEGREE 697
ON A FIRST OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE ON EACH
SUBSEQUENT OFFENSE. IN ADDITION TO ANY OTHER SANCTION IMPOSED 698
UNDER THIS DIVISION, ON A SECOND OR SUBSEQUENT OFFENSE OCCURRING 700
16
WITHIN A PERIOD OF THREE CONSECUTIVE YEARS AFTER THE DATE OF 701
CONVICTION OF THE IMMEDIATELY PRECEDING VIOLATION OF THAT SECTION 702
ANY FIREARMS OR OTHER HUNTING IMPLEMENTS IN THE POSSESSION OR 704
UNDER THE CONTROL OF THE OFFENDER AT THE TIME OF THE VIOLATION 705
ARE SUBJECT TO SEIZURE IN ACCORDANCE WITH SECTION 1531.20 OF THE 706
REVISED CODE. If the offender persists in the offense after 709
reasonable warning or request to desist, the offender is guilty 710
of a misdemeanor of the fourth SECOND degree. 712
(B) Whoever violates section 1533.161, 1533.23, 1533.24, 714
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 715
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 716
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 717
1533.80, division (F) of section 1533.731, of OR division (B) or 718
(C) of section 1533.97 of the Revised Code is guilty of a 720
misdemeanor of the third degree.
(C) Whoever violates division (B) of section 1533.03, 722
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 723
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 724
1533.721, division (B)(2) or (3) of section 1533.731, or division 726
(A) of section 1533.97 of the Revised Code is guilty of a 727
misdemeanor of the first degree.
(D) Whoever violates division (D) of section 1533.97 of 729
the Revised Code is guilty of a misdemeanor of the fourth degree. 730
The court shall require any person who is convicted of or pleads 731
guilty to the offense to refund to all participants in the 732
fishing tournament operated by the person any entry fees paid by 733
the participants. 734
(E) Whoever violates division (C) or (D) of section 736
1533.632 of the Revised Code is guilty of a felony of the fifth 737
degree.
(F) Whoever violates any section of this chapter for which 739
no penalty is otherwise provided is guilty of a misdemeanor of 740
the fourth degree. 741
(G) A court that imposes sentence for a violation of any 743
17
section of this chapter governing the holding, taking, or 744
possession of wild animals shall require the person who is 745
convicted of or pleads guilty to the offense, in addition to any 746
fine, term of imprisonment, seizure, and forfeiture imposed, to 747
make restitution for the minimum value of the wild animal or 748
animals illegally held, taken, or possessed as established under 749
section 1531.201 of the Revised Code. An officer who collects 750
moneys paid as restitution under this section shall pay those 751
moneys to the treasurer of state who shall deposit them in the 752
state treasury to the credit of the wildlife fund established 753
under section 1531.17 of the Revised Code. 754
Sec. 3773.21. (A) No person shall discharge a firearm on 763
a lawn, park, pleasure ground, orchard, or other ground 765
appurtenant to a schoolhouse, church, or an inhabited dwelling, 767
the property of another, or a charitable institution. This 768
section DIVISION does not prevent or prohibit the owner thereof 769
from discharging firearms upon his THE OWNER'S own enclosure. 770
(B) NO PERSON SHALL DISCHARGE A FIREARM ON THE TRACT OF 772
LAND ON WHICH A CHURCH IS LOCATED OR WITHIN ONE THOUSAND FEET OF 773
THE BOUNDARIES OF THE TRACT OF LAND ON WHICH A CHURCH IS LOCATED. 774
Sec. 3773.99. (A) Whoever violates section 3773.05, 783
3773.06, 3773.21, or 3773.50, OR DIVISION (A) OR (B) OF SECTION 784
3773.21, of the Revised Code is guilty of a misdemeanor of the 785
fourth degree. 787
(B) Whoever violates section 3773.07 of the Revised Code 789
is guilty of a felony of the fourth degree. 790
(C) Whoever violates section 3773.211, 3773.32, 3773.40, 792
3773.44, 3773.45, 3773.46, or 3773.47, division (A) of section 793
3773.54, or division (B) of section 3773.33 of the Revised Code 794
is guilty of a misdemeanor of the first degree. 795
(D) Whoever violates section 3773.48 or 3773.49 of the 797
Revised Code is guilty of a minor misdemeanor. 798
Section 2. That existing sections 1531.02, 1533.05, 800
1533.07, 1533.10, 1533.111, 1533.17, 1533.66, 1533.68, 1533.99, 802
18
3773.21, and 3773.99 of the Revised Code are hereby repealed.
Section 3. Division (B) of section 1533.17 and division 805
(E) of section 1533.66 of the Revised Code shall apply only to a 806
civil action for injury, death, or loss to person or property 807
that occurs on or after the effective date of this act and arises 808
during or incidental to a violation of division (A) of section 809
1533.17 or division (A) of section 1533.66 of the Revised Code, 810
respectively.
Section 4. Not later than March 1, 2001, the Chief of the 813
Division of Wildlife in the Department of Natural Resources shall 814
prepare and submit to the Governor and the General Assembly a 815
written report that includes all of the following information, by
fiscal year and administrative district of the Division of 816
Wildlife, for fiscal years 1999 and 2000: 817
(A) The number of landowners who registered their land in 819
accordance with section 1531.022 of the Revised Code to allow 820
hunting on Sunday;
(B) The total number of acres of land registered in 822
accordance with section 1531.022 of the Revised Code; 823
(C) The number of landowners who notified the Chief in 825
accordance with section 1531.022 of the Revised Code that they no 827
longer wished to allow hunting on Sunday on their land; 828
(D) The total number of acres of land affected by the 830
notifications described in division (C) of this section; 831
(E) The number of individuals who were convicted of or 833
pleaded guilty to a violation of division (A) of section 1533.17 834
of the Revised Code that occurred on a day of the week other than 835
Sunday;
(F) The number of individuals who were convicted of or 837
pleaded guilty to a violation of division (A) of section 1533.17 838
of the Revised Code that occurred on Sunday; 839
(G) The number of individuals who were convicted of or 841
pleaded guilty to a violation of division (A) of section 1533.17 842
of the Revised Code that is classified as a misdemeanor of the 843
19
third degree;
(H) The number of individuals who were convicted of or 845
pleaded guilty to a subsequent violation of division (A) of 846
section 1533.17 of the Revised Code that is classified as a 847
misdemeanor of the second degree;
(I) The numbers and types of firearms and other hunting 849
implements seized under division (A) of section 1533.99 of the 850
Revised Code and the methods by which they were disposed of; 851
(J) Any additional information the Chief considers 853
appropriate regarding violations of Chapters 1531. and 1533. of 854
the Revised Code and rules adopted and orders issued under them. 855
The Chief may incorporate the information required to be 857
reported under this section into another report published by the 858
Division if the Chief considers doing so to be appropriate and if 859
the other report is published and submitted to the Governor and 860
the General Assembly not later than March 1, 2001.