As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 103 5
1997-1998 6
SENATORS GARDNER-LATTA-WATTS-WHITE-GAETH-CARNES-NEIN- 8
BLESSING-DRAKE-SUHADOLNIK-RAY 9
11
A B I L L
To amend sections 1531.02, 1533.05, 1533.07, 13
1533.10, 1533.111, 1533.17, 1533.66, 1533.68, 14
1533.99, 3773.21, and 3773.99 and to enact
sections 1531.021 and 1531.022 of the Revised 17
Code to permit hunting on any day during open
season on state public hunting areas and certain 18
private lands, to allow grandchildren under age 19
eighteen to hunt on their grandparents' land
without a hunting license, to make changes in the 21
penalty applying to violation of the prohibition 22
against trespassing while hunting or trapping, to 24
provide a qualified immunity from liability to
owners of land upon which a violation of the 25
prohibition occurs, to make other changes to the
law governing hunting, and to prohibit 26
discharging a firearm on or within 1,000 feet of 27
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: 29
Section 1. That sections 1531.02, 1533.05, 1533.07, 31
1533.10, 1533.111, 1533.17, 1533.66, 1533.68, 1533.99, 3773.21, 32
and 3773.99 be amended and sections 1531.021 and 1531.022 of the 33
Revised Code be enacted to read as follows: 34
Sec. 1531.02. The ownership of and the title to all wild 45
animals in this state, not legally confined or held by private 46
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ownership legally acquired, is in the state, which holds such 47
title in trust for the benefit of all the people. Individual 48
possession shall be obtained only in accordance with the Revised 49
Code or division rules. No person at any time of the year shall 51
take in any manner or possess any number or quantity of wild 52
animals, except such wild animals as THAT the Revised Code or 54
division rules permit to be taken, hunted, killed, or had in 55
possession, and only at such THE time and place, and in such THE 56
manner, as THAT the Revised Code or division rules prescribe. No 58
person shall buy, sell, or offer any part of wild animals for 59
sale, or transport any part of wild animals, except as permitted 60
by the Revised Code or division rules. No person shall possess 61
or transport a wild animal which THAT has been taken unlawfully 62
outside the state. 63
A person doing anything prohibited or neglecting to do 65
anything required by this chapter or Chapter 1533. of the Revised 66
Code or contrary to any division rule violates this section. A 67
person who counsels, aids, shields, or harbors an offender under 68
such chapters or any division rule, or who knowingly shares in 69
the proceeds of such a violation, or receives or possesses any 70
wild animal in violation of the Revised Code or division rule, 71
violates this section. No person shall hunt a wild bird or wild 72
quadruped, except coyotes, fox, groundhogs, or migratory 73
waterfowl as defined in the "Migratory Bird Hunting Stamp Act," 74
48 Stat. 452 (1934), 16 U.S.C.A. 718, as amended, and except as 75
provided in sections 1533.73 and 1533.731 of the Revised Code, on 76
Sunday or use a rifle, at any time, in taking migratory game 77
birds.
Sec. 1531.021. (A) EXCEPT AS PROVIDED IN THIS SECTION, NO 79
PERSON SHALL HUNT A WILD BIRD OR WILD QUADRUPED ON SUNDAY. 82
(B) THE PROHIBITION IN DIVISION (A) OF THIS SECTION SHALL 86
NOT APPLY TO ANY OF THE FOLLOWING:
(1) HUNTING ON PUBLIC LANDS DESIGNATED BY THE DIVISION OF 89
WILDLIFE AS A STATE PUBLIC HUNTING AREA;
3
(2) HUNTING ON PRIVATE LANDS REGISTERED IN ACCORDANCE WITH 92
SECTION 1531.022 OF THE REVISED CODE; 94
(3) HUNTING ON ANY PRIVATE LANDS CONSISTING OF NOT LESS 96
THAN TWENTY CONTIGUOUS ACRES BY THE OWNER OF THE LANDS, THE 97
OWNER'S SPOUSE, THE PARENTS AND SIBLINGS OF THE OWNER AND OF THE 98
OWNER'S SPOUSE, THE CHILDREN AND GRANDCHILDREN OF THE OWNER AND 99
OF THE OWNER'S SPOUSE, AND THE SPOUSES OF THE CHILDREN OF THE 100
OWNER AND OF THE OWNER'S SPOUSE. FOR THE PURPOSES OF DIVISION 101
(B)(3) OF THIS SECTION, AREAS OF LAND OWNED BY THE SAME PERSON 102
ARE CONSIDERED TO BE CONTIGUOUS ALTHOUGH THEY ARE SEPARATED BY A 103
PUBLIC ROAD OR HIGHWAY.
(4) HUNTING ON A COMMERCIAL BIRD SHOOTING PRESERVE IN 105
ACCORDANCE WITH SECTION 1533.73 OF THE REVISED CODE; 108
(5) HUNTING ON A WILD ANIMAL HUNTING PRESERVE IN 110
ACCORDANCE WITH SECTION 1533.731 OF THE REVISED CODE; 113
(6) ENGAGING IN THE SPORT OF FALCONRY IN ACCORDANCE WITH 116
RULES ADOPTED PURSUANT TO SECTION 1533.05 OF THE REVISED CODE; 118
(7) HUNTING COYOTES, FOX, GROUNDHOGS, OR MIGRATORY 120
WATERFOWL AS DEFINED IN THE "MIGRATORY BIRD HUNTING STAMP ACT," 126
48 STAT. 452 (1934), 16 U.S.C.A. 718, AS AMENDED. 129
Sec. 1531.022. THE CHIEF OF THE DIVISION OF WILDLIFE OR 132
THE CHIEF'S DESIGNEE SHALL ESTABLISH A PROGRAM UNDER WHICH
OWNER'S OF PRIVATE LANDS WHO WISH TO ALLOW HUNTING ON THEIR LANDS 133
ON SUNDAY MAY REGISTER TO DO SO WITH THE DIVISION. A LANDOWNER 135
MAY REGISTER AN AREA OF LAND WITH THE CHIEF ONLY IF IT MEETS 136
EITHER OF THE FOLLOWING CONDITIONS: 137
(A) THE AREA OF LAND CONSISTS OF NOT LESS THAN ONE HUNDRED 139
CONTIGUOUS ACRES. FOR THE PURPOSES OF THIS DIVISION, AREAS OF 140
LAND OWNED BY THE SAME PERSON ARE CONSIDERED TO BE CONTIGUOUS 141
ALTHOUGH THEY ARE SEPARATED BY A PUBLIC ROAD OR HIGHWAY. 142
(B) IF AN AREA OF LAND CONSISTS OF LESS THAN ONE HUNDRED 145
CONTIGUOUS ACRES, THE OWNER OF THE AREA OF LAND AND ONE OR MORE 146
OTHER OWNERS OF AREAS OF LAND CONSISTING OF LESS THAN ONE HUNDRED
CONTIGUOUS ACRES EACH JOINTLY REGISTER THEIR LANDS WITH THE 147
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CHIEF. IN ORDER TO BE ELIGIBLE FOR A JOINT REGISTRATION UNDER 149
THIS DIVISION, EACH AREA OF LAND PROPOSED TO BE INCLUDED IN THE 150
JOINT REGISTRATION SHALL BE CONTIGUOUS TO AT LEAST ONE OF THE 151
OTHER AREAS OF LAND PROPOSED TO BE INCLUDED, AND THE AREAS OF
LAND PROPOSED TO BE INCLUDED IN THE JOINT REGISTRATION SHALL 152
CONSIST OF A TOTAL OF NOT LESS THAN ONE HUNDRED ACRES. FOR THE 153
PURPOSES OF THIS DIVISION, AREAS OF LAND ARE CONSIDERED TO BE 154
CONTIGUOUS IF THEY SHARE A COMMON BOUNDARY OR ARE SEPARATED ONLY 155
BY A PUBLIC ROAD OR HIGHWAY.
UPON REGISTRATION, THE DIVISION SHALL ISSUE TO EACH 157
AFFECTED LANDOWNER, FREE OF CHARGE, A PERMIT REFLECTING THAT 158
HUNTING ON SUNDAY IS LAWFUL ON THE LANDS SPECIFIED BY THE 160
LANDOWNER IN THE REGISTRATION OR JOINT REGISTRATION. A PERMIT 161
ISSUED UNDER THIS SECTION IS VALID FOR FIVE YEARS, UNLESS THE 163
LANDOWNER INVALIDATES THE PERMIT BY NOTIFYING THE DIVISION THAT 164
THE LANDOWNER NO LONGER WISHES TO ALLOW HUNTING ON SUNDAY ON THE 165
LANDS SPECIFIED IN THE PERMIT. IF ANY LANDOWNER WHO JOINTLY 167
REGISTERS LAND UNDER DIVISION (B) OF THIS SECTION NOTIFIES THE 169
CHIEF THAT THE LANDOWNER NO LONGER WISHES TO ALLOW HUNTING ON 171
SUNDAY ON THE LANDOWNER'S LAND, THE PERMIT IS INVALID WITH 172
RESPECT TO ALL OF THE LANDS SPECIFIED IN THE PERMIT. UPON 173
RECEIVING SUCH A NOTICE FROM A LANDOWNER WHO JOINTLY REGISTERED
LAND UNDER THAT DIVISION, THE CHIEF SHALL NOTIFY THE OTHER 174
LANDOWNERS NAMED IN THE JOINT REGISTRATION OF THE INVALIDATION OF 175
THE PERMIT. A LANDOWNER MAY INVALIDATE A PERMIT AT ANY TIME. 177
IF ANY LANDOWNER WHO REGISTERS OR JOINTLY REGISTERS LAND 179
UNDER THIS SECTION CEASES TO BE THE OWNER OF THE LAND SPECIFIED 180
IN A PERMIT ISSUED UNDER THIS SECTION, THE PERMIT IS INVALID WITH 181
RESPECT TO ALL OF THE LANDS SPECIFIED IN THE PERMIT. UPON 182
CEASING TO BE THE OWNER OF LAND SPECIFIED IN SUCH A PERMIT, THE 183
PERMIT HOLDER SHALL NOTIFY THE CHIEF OF THAT FACT. UPON
RECEIVING SUCH A NOTICE REGARDING LAND JOINTLY REGISTERED UNDER 184
DIVISION (B) OF THIS SECTION, THE CHIEF SHALL NOTIFY THE OTHER 186
LANDOWNERS NAMED IN THE JOINT REGISTRATION OF THE INVALIDATION OF
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THE PERMIT. 187
THE DIVISION SHALL KEEP RECORDS OF ALL REGISTERED 189
LANDOWNERS HOLDING A VALID PERMIT ISSUED UNDER THIS SECTION AND 190
MAY FURNISH THE RECORDS TO WILDLIFE OFFICERS OR OTHER LAW 191
ENFORCEMENT OFFICERS FOR THE PURPOSE OF ENFORCING THE LAW 192
GOVERNING HUNTING ON SUNDAY. 194
THE DIVISION MAY FURNISH A LANDOWNER HOLDING A VALID PERMIT 197
ISSUED UNDER THIS SECTION WITH SIGNS REFLECTING THAT HUNTING ON 198
SUNDAY IS LAWFUL ON THE LANDS ON WHICH THE SIGNS ARE POSTED. 199
THE CHIEF MAY ADOPT ANY RULES NECESSARY FOR IMPLEMENTATION 202
OF THIS SECTION.
Sec. 1533.05. (A) As used in this section and section 214
1533.051 of the Revised Code, "raptor" means a live migratory 215
bird of the family Falconidae or of the family Accipitridae other 216
than a bald eagle (Haliaeetus leucocephalus). 217
(B) The chief of the division of wildlife may authorize 219
the taking, possession, and transportation of raptors for use in 220
the sport of falconry by rules adopted pursuant to section 221
1531.08 of the Revised Code. The rules shall be consistent with 222
federal regulations governing raptors and may authorize the 223
taking of game by the use of raptors, including taking with a 224
trained raptor and a dog. 225
The chief, by rules adopted pursuant to section 1531.08 of 227
the Revised Code, may do all of the following: 228
(1) Notwithstanding any other rule governing the taking of 230
quail, authorize a person engaged in the sport of falconry to 231
permit his THE PERSON'S raptor to take quail; 233
(2) Notwithstanding section 1531.02 of the Revised Code, 235
authorize AUTHORIZE a person engaged in the sport of falconry to 236
permit his THE PERSON'S raptor to take game on Sunday within 238
legal seasons;
(3) Authorize special falconry seasons; 240
(4) Notwithstanding section 1533.07 of the Revised Code, 242
authorize AUTHORIZE a person engaged in the sport of falconry to 243
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possess and to permit his THE PERSON'S raptor to take European 245
starlings, English sparrows, and common pigeons, other than 246
homing pigeons, at any time. 248
(C) No person shall take, possess, or transport a raptor 250
for use in the sport of falconry or shall practice falconry 251
without a permit to do so issued by the chief. The duration of 252
the permit shall be consistent with applicable federal 253
requirements. The chief may require a separate permit for the 254
taking of raptors. 255
The fees for permits shall be set by the chief in amounts 257
sufficient to cover the expenses of the division OF WILDLIFE in 258
exercising its authority under this section and may vary 260
according to class and type of permit. Moneys received from the 261
sale of permits shall be paid into the state treasury to the 262
credit of the fund established in section 1533.15 of the Revised 263
Code.
An applicant for a permit shall present a valid hunting 265
license issued to him THE APPLICANT for the current license year 266
under section 1533.13 of the Revised Code and shall maintain a 267
valid and current hunting license thereafter while taking or 268
attempting to take game or raptors to be used for falconry 269
purposes. A permit issued under this section is not 270
transferable. No person shall carry a permit issued in the name 271
of another person.
(D) Every person, while engaged in falconry on the lands 274
of another, shall carry the permit issued to him THE PERSON under 275
this section together with a valid hunting license issued to him 276
THE PERSON for the current license year under section 1533.13 of 277
the Revised Code and shall exhibit the permit and license to any
law enforcement officer requesting to see them. 279
(E) Notwithstanding any other provision of this section, 281
of any rule adopted by the chief governing falconry, or of any 282
federal regulation governing raptors, no person shall take or 283
disturb for the purpose of falconry the nest of a wild raptor or 284
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any young raptor in the wild that is not yet capable of flight 285
except in such situations, and under the direct supervision of a 286
wildlife officer, where the nest otherwise would be destroyed or 287
the raptor would not survive. 288
Sec. 1533.07. No person shall catch, kill, injure, pursue, 299
or have in his THE PERSON'S possession, either dead or alive, or 300
purchase, expose for sale, transport, or ship to a point within 301
or without the state, or receive or deliver for transportation 302
any bird other than a game bird, or have in his THE PERSON'S 303
possession any part of the plumage, skin, or body of any bird 304
other than a game bird, except as permitted in Chapters CHAPTER 306
1531. and 1533. THIS CHAPTER of the Revised Code, or disturb or 308
destroy the eggs, nest, or young of such a bird.
This section does not prohibit the lawful taking, killing, 310
pursuing, or possession of any game bird during the open season 311
for such THE bird. Hawks or owls causing damage to domestic 312
animals or fowl may be killed by the owner of the domestic animal 314
or fowl while such THE damage is occurring. Bald or golden 315
eagles and ospreys shall not be killed or possessed at any time, 316
except that eagles or ospreys may be possessed for educational 317
purposes by governmental or municipal zoological parks, museums, 318
and scientific or educational institutions. European starlings, 319
English sparrows, and common pigeons, other than homing pigeons, 320
may be killed at any time, except Sunday AS PROVIDED IN SECTION 321
1531.021 OF THE REVISED CODE, and their nests or eggs may be 323
destroyed, at any time. Blackbirds may be killed at any time, 324
except Sunday AS PROVIDED IN SECTION 1531.021 OF THE REVISED
CODE, when doing damage to grain or other property or when they 326
become a nuisance.
Each bird or any part thereof taken or had in possession 328
contrary to this section constitutes a separate offense. 329
Sec. 1533.10. Except as provided in this section or 338
division (A) of section 1533.12 of the Revised Code, no person 339
shall hunt any wild bird or wild quadruped without a hunting 340
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license. Each day that any person hunts within the state without 341
procuring such a license constitutes a separate offense. Every 342
applicant for a hunting license who is a resident of the state 343
and age sixteen or over shall procure a resident hunting license, 344
the fee for which shall be fourteen dollars, unless the rules 345
adopted under division (B) of section 1533.12 of the Revised Code 346
provide for issuance of a resident hunting license to the 347
applicant free of charge. Every applicant who is a resident of 348
the state and under the age of sixteen years shall procure a 349
special youth hunting license, the fee for which shall be 350
one-half of the regular hunting license fee. The owner OF LANDS 351
IN THE STATE and the OWNER'S children of the owner of lands in 353
the state OF ANY AGE AND GRANDCHILDREN UNDER EIGHTEEN YEARS OF 354
AGE may hunt thereon ON THE LANDS without a hunting license. The 356
tenant or manager and children of the tenant or manager, residing 357
on lands in the state, may hunt thereon without a hunting 358
license. Every applicant for a hunting license who is a 359
nonresident of the state shall procure a nonresident hunting 360
license, the fee for which shall be ninety dollars, unless the 361
applicant is a resident of a state that is a party to an 362
agreement under section 1533.91 of the Revised Code, in which 363
case the fee shall be fourteen dollars.
The chief of the division of wildlife may issue a tourist's 365
small game hunting license expiring three days from the effective 366
date of the license to a nonresident of the state, the fee for 367
which shall be twenty-four dollars. No person shall take or 368
possess any animal that is not small game while possessing only a 369
tourist's small game hunting license. A tourist's small game 370
hunting license does not authorize the taking or possessing of 371
ducks, geese, or brant without having obtained, in addition to 372
the tourist's small game hunting license, a wetlands habitat 373
stamp as provided in section 1533.112 of the Revised Code. 374
No person shall procure or attempt to procure a hunting 376
license by fraud, deceit, misrepresentation, or any false 377
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statement. 378
This section does not authorize the taking and possessing 380
of deer or wild turkeys without first having obtained, in 381
addition to the hunting license required by this section, a 382
special deer or wild turkey permit as provided in section 1533.11 383
of the Revised Code or the taking and possessing of ducks, geese, 384
or brant without first having obtained, in addition to the 385
hunting license required by this section, a wetlands habitat 386
stamp as provided in section 1533.112 of the Revised Code. 387
This section does not authorize the hunting or trapping of 389
fur-bearing animals without first having obtained, in addition to 390
a hunting license required by this section, a fur taker permit as 391
provided in section 1533.111 of the Revised Code. 392
NO HUNTING LICENSE SHALL BE ISSUED UNLESS IT IS ACCOMPANIED 394
BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 1533.17 OF THE 395
REVISED CODE AND THE PENALTY FOR ITS VIOLATION. 396
No hunting license shall be issued unless the applicant 398
presents to the agent authorized to issue the license a 399
previously held hunting license or evidence of having held such a 400
license in content and manner approved by the chief, a 401
certificate of completion issued upon completion of a hunter 402
education and conservation course approved by the chief, or 403
evidence of equivalent training in content and manner approved by 404
the chief. 405
No person shall issue a hunting license to any person who 407
fails to present the evidence required by this section. No 408
person shall purchase or obtain a hunting license without 409
presenting to the issuing agent the evidence required by this 410
section. Issuance of a hunting license in violation of the 411
requirements of this section is an offense by both the purchaser 412
of the illegally obtained hunting license and the clerk or agent 413
who issued the hunting license. Any hunting license issued in 414
violation of this section is void. 415
The chief, with approval of the wildlife council, shall 417
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adopt rules prescribing a hunter education and conservation 418
course for first-time hunting license buyers and for volunteer 419
instructors. The course shall consist of subjects including, but 420
not limited to, hunter safety and health, use of hunting 421
implements, hunting tradition and ethics, the hunter and 422
conservation, THE LAW IN SECTION 1533.17 OF THE REVISED CODE 423
ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law 425
relating to hunting. Authorized personnel of the division or 427
volunteer instructors approved by the chief shall conduct such 428
courses with such frequency and at such locations throughout the 429
state as to reasonably meet the needs of license applicants. The 430
chief shall issue a certificate of completion to each person who 431
successfully completes the course and passes an examination 432
prescribed by the chief.
Sec. 1533.111. Except as provided in this section or 441
division (A) of section 1533.12 of the Revised Code, no person 442
shall hunt or trap fur-bearing animals on land of another without 443
first obtaining an annual fur taker permit. Each applicant for a 444
fur taker permit shall pay an annual fee of ten dollars, together 445
with one dollar as a fee to the clerk or other issuing agent, for 446
the permit, except as otherwise provided in this section or 447
unless the rules adopted under division (B) of section 1533.12 of 448
the Revised Code provide for issuance of a fur taker permit to 449
the applicant free of charge. Each applicant who is a resident 450
of the state and under the age of sixteen years shall procure a 451
special youth fur taker permit, the fee for which shall be 452
one-half of the regular fur taker permit fee and which shall be 453
paid together with one dollar as a fee to the clerk or other 454
issuing agent. The fur taker permit shall run concurrently with 455
the hunting license. The money received, other than the one- 456
dollar fee provided for in this section, shall be paid into the 457
state treasury to the credit of the fund established in section 458
1533.15 of the Revised Code. 459
NO FUR TAKER PERMIT SHALL BE ISSUED UNLESS IT IS 461
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ACCOMPANIED BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 462
1533.17 OF THE REVISED CODE AND THE PENALTY FOR ITS VIOLATION. 463
No fur taker permit shall be issued unless the applicant 465
presents to the agent authorized to issue a fur taker permit a 466
previously held hunting license or trapping or fur taker permit 467
or evidence of having held such a license or permit in content 468
and manner approved by the chief of the division of wildlife, a 469
certificate of completion issued upon completion of a trapper 470
education course approved by the chief, or evidence of equivalent 471
training in content and manner approved by the chief. 472
No person shall issue a fur taker permit to any person who 474
fails to present the evidence required by this section. No 475
person shall purchase or obtain a fur taker permit without 476
presenting to the issuing agent the evidence required by this 477
section. Issuance of a fur taker permit in violation of the 478
requirements of this section is an offense by both the purchaser 479
of the illegally obtained permit and the clerk or agent who 480
issued the permit. Any fur taker permit issued in violation of 481
this section is void. 482
The chief, with approval of the wildlife council, shall 484
adopt rules prescribing a trapper education course for first-time 485
fur taker permit buyers and for volunteer instructors. The 486
course shall consist of subjects that include, but are not 487
limited to, trapping techniques, animal habits and 488
identification, trapping tradition and ethics, the trapper and 489
conservation, THE LAW IN SECTION 1533.17 OF THE REVISED CODE 490
ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law 491
relating to trapping. Authorized personnel of the division of 493
wildlife or volunteer instructors approved by the chief shall 494
conduct the courses with such frequency and at such locations 495
throughout the state as to reasonably meet the needs of permit 496
applicants. The chief shall issue a certificate of completion to 497
each person who successfully completes the course and passes an 498
examination prescribed by the chief. 499
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Every person, while hunting or trapping fur-bearing animals 502
on lands of another, shall carry the person's fur taker permit 503
affixed to the person's hunting license with the person's 504
signature written across the face of the permit. Failure to 505
carry such a signed permit constitutes an offense under this 506
section. The chief shall adopt any additional rules the chief 507
considers necessary to carry out this section. 508
The owner and the children of the owner of lands in this 510
state may hunt or trap fur-bearing animals thereon without a fur 511
taker permit. The tenant or manager and children of the tenant 512
or manager may hunt or trap fur-bearing animals on lands where 514
they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall 516
carry a fur taker permit issued in the name of another person. 517
A fur taker permit entitles a nonresident to take from this 520
state fur-bearing animals taken and possessed by the nonresident 521
as provided by law or division rule.
Sec. 1533.17. (A) No person shall hunt or trap upon any 531
lands, pond, lake, or private waters of another, except water 532
claimed by riparian right of ownership in adjacent lands, or 533
shoot, shoot at, catch, kill, injure, or pursue a wild bird, wild 534
waterfowl, or wild animal thereon without obtaining written 535
permission from the owner or his THE OWNER'S authorized agent. 536
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 538
OWNER, LESSEE, RENTER, OR OCCUPANT OF ANY LANDS, POND, LAKE, OR 540
PRIVATE WATERS UPON WHICH A PERSON VIOLATES DIVISION (A) OF THIS 542
SECTION IS NOT LIABLE IN DAMAGES TO ANY PERSON IN A CIVIL ACTION 543
FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES 544
DURING OR INCIDENTAL TO THE VIOLATION. FOR THE PURPOSES OF THIS 545
DIVISION, A FINDING THAT A PERSON VIOLATED DIVISION (A) OF THIS 546
SECTION IS NOT DEPENDENT UPON THE PERSON BEING CHARGED WITH OR 547
CONVICTED OF A VIOLATION OF DIVISION (A) OF THIS SECTION. THIS 549
DIVISION DOES NOT APPLY TO CIVIL CLAIMS BASED UPON ALLEGED 550
WILLFUL OR WANTON MISCONDUCT OR INTENTIONALLY TORTIOUS CONDUCT OF 551
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THE OWNER, LESSEE, RENTER, OR OCCUPANT. THIS DIVISION DOES NOT 552
CREATE A NEW CAUSE OF ACTION OR A SUBSTANTIVE LEGAL RIGHT AGAINST 554
THE OWNER, LESSEE, RENTER, OR OCCUPANT, AND DOES NOT AFFECT ANY 555
IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED BY 556
ANOTHER SECTION OF THE REVISED CODE OR AVAILABLE AT COMMON LAW, 559
TO WHICH THE OWNER, LESSEE, RENTER, OR OCCUPANT MAY BE ENTITLED 560
UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION. 561
(C) A PERSON WHO OBTAINS THE PERMISSION REQUIRED UNDER 564
DIVISION (A) OF THIS SECTION SHALL CARRY IT WITH THE PERSON AT 566
ALL TIMES DURING WHICH THE PERSON IS ENGAGED IN AN ACTIVITY FOR 567
WHICH THE PERMISSION IS REQUIRED AND SHALL EXHIBIT IT UPON 568
REQUEST OF A WILDLIFE OFFICER, CONSTABLE, SHERIFF, DEPUTY 569
SHERIFF, POLICE OFFICER, OTHER LAW ENFORCEMENT OFFICER, OR THE 570
OWNER OF THE LANDS, POND, LAKE, OR PRIVATE WATERS ON WHICH THE 571
PERSON IS HUNTING OR TRAPPING OR THE OWNER'S AUTHORIZED AGENT. 572
Sec. 1533.66. (A) No person shall trespass upon lands or 581
rights in lands of another, lying in or bordering upon a natural 582
or artificial pond or brook less than ten miles in length into 583
which have been introduced brook trout, speckled trout, brown 584
trout, land lock LANDLOCKED salmon, California salmon, or other 585
fish by artificial propagation or actual importation from other 587
waters, for the purpose of fishing for, catching, or killing 588
fish. No
(B) NO person shall catch or kill fish in such pond or 591
brook or buy, receive, or possess fish caught contrary to this 592
section. No
(C) NO person shall willfully place poison or other 595
substance injurious to the health of such fish in a pond or brook 596
described in this section for the purpose of capturing or harming 597
such fish therein, or wrongfully and willfully let the water out 598
of such pond or brook with intent to take or injure fish therein. 599
(D) Prosecutions for a violation of this section shall be 601
instituted only upon the complaint of the person or his THE 602
PERSON'S agent upon whose lands or rights in lands or waters the 603
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trespass has been committed. 604
(E) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 606
OWNER, LESSEE, RENTER, OR OCCUPANT OF LANDS OR RIGHTS IN LANDS 608
UPON WHICH A PERSON VIOLATES DIVISION (A) OF THIS SECTION IS NOT 610
LIABLE IN DAMAGES TO ANY PERSON IN A CIVIL ACTION FOR INJURY, 611
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES DURING OR 612
INCIDENTAL TO THE VIOLATION. FOR THE PURPOSES OF THIS DIVISION, 613
A FINDING THAT A PERSON VIOLATED DIVISION (A) OF THIS SECTION IS 614
NOT DEPENDENT UPON THE PERSON BEING CHARGED WITH OR CONVICTED OF 615
A VIOLATION OF DIVISION (A) OF THIS SECTION. THIS DIVISION DOES 619
NOT APPLY TO CIVIL CLAIMS BASED UPON ALLEGED WILLFUL OR WANTON 620
MISCONDUCT OR INTENTIONALLY TORTIOUS CONDUCT OF THE OWNER, 621
LESSEE, RENTER, OR OCCUPANT. THIS DIVISION DOES NOT CREATE A NEW 622
CAUSE OF ACTION OR A SUBSTANTIVE LEGAL RIGHT AGAINST THE OWNER, 623
LESSEE, RENTER, OR OCCUPANT, AND DOES NOT AFFECT ANY IMMUNITIES 624
FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED BY ANOTHER SECTION 625
OF THE REVISED CODE OR AVAILABLE AT COMMON LAW, TO WHICH THE 628
OWNER, LESSEE, RENTER, OR OCCUPANT MAY BE ENTITLED UNDER 629
CIRCUMSTANCES NOT COVERED BY THIS SECTION. 630
Sec. 1533.68. If a person is convicted of a violation of 639
any law relative to the taking, possession, protection, 640
preservation, or propagation of wild animals, or a violation of 641
division (C) of section 2909.08 of the Revised Code while 642
hunting, or is convicted of a violation of any rule of the 643
division of wildlife, the court or magistrate before whom the 644
conviction is had, as an additional part of the penalty in each 646
case, shall suspend or revoke each license or permit issued to
the person in accordance with any section of the Revised Code 647
pertaining to THE hunting, fishing, trapping, breeding, and sale 648
of wild animals or the sale of their hides, skins, or pelts. No 649
fee paid for such a license or permit shall be returned to the 650
person. 651
No person having his A license or permit suspended or 653
revoked as provided in this section, in the event of a hunting or 654
15
trapping violation, shall engage in hunting or trapping, in the 655
event of a violation of division (C) of section 2909.08 of the 656
Revised Code while hunting, shall engage in hunting, or in the 657
event of a fishing violation, shall engage in fishing, or 658
purchase, apply for, or receive any such license or permit for 659
the following periods of time, as applicable: 660
(A) Three years after the date of conviction, if the 662
person is convicted of taking or possessing a deer in violation 663
of section 1531.02 of the Revised Code; 664
(B) Not more than three years after the date of 666
conviction, if the person is convicted of taking or possessing 667
any other wild animal in violation of section 1531.02 of the 668
Revised Code, or is convicted of a misdemeanor violation of 669
division (C) of section 2909.08 of the Revised Code while 670
hunting, OR IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF 671
SECTION 1533.17 OF THE REVISED CODE WITHIN A PERIOD OF THREE 672
CONSECUTIVE YEARS AFTER THE DATE OF CONVICTION OF THE IMMEDIATELY
PRECEDING VIOLATION OF THAT SECTION; 673
(C) Not more than five years after the date of conviction, 675
if the person is convicted of violating section 1533.171 or of 676
taking or possessing an eagle or osprey in violation of section 677
1533.07 of the Revised Code, or is convicted of a felony 678
violation of division (C) of section 2909.08 of the Revised Code 679
while hunting. 680
All licenses and permits suspended or revoked as provided 682
in this section shall be taken up by the magistrate and sent to 683
the department of natural resources where they shall be filed 684
with a record of the arrest until the person who held the 685
suspended or revoked license or permit is lawfully entitled to 686
obtain another license or permit. 687
Sec. 1533.99. (A) Whoever violates section 1533.17 of the 696
Revised Code is guilty of a minor misdemeanor OF THE THIRD DEGREE 698
ON A FIRST OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE ON EACH
SUBSEQUENT OFFENSE. IN ADDITION TO ANY OTHER SANCTION IMPOSED 699
16
UNDER THIS DIVISION, ON A SECOND OR SUBSEQUENT OFFENSE OCCURRING 701
WITHIN A PERIOD OF THREE CONSECUTIVE YEARS AFTER THE DATE OF 702
CONVICTION OF THE IMMEDIATELY PRECEDING VIOLATION OF THAT SECTION 703
ANY FIREARMS OR OTHER HUNTING IMPLEMENTS IN THE POSSESSION OR 705
UNDER THE CONTROL OF THE OFFENDER AT THE TIME OF THE VIOLATION 706
ARE SUBJECT TO SEIZURE IN ACCORDANCE WITH SECTION 1531.20 OF THE 707
REVISED CODE. If the offender persists in the offense after 710
reasonable warning or request to desist, the offender is guilty 711
of a misdemeanor of the fourth SECOND degree. 713
(B) Whoever violates section 1533.161, 1533.23, 1533.24, 715
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 716
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 717
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 718
1533.80, division (F) of section 1533.731, of OR division (B) or 719
(C) of section 1533.97 of the Revised Code is guilty of a 721
misdemeanor of the third degree.
(C) Whoever violates division (B) of section 1533.03, 723
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 724
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 725
1533.721, division (B)(2) or (3) of section 1533.731, or division 727
(A) of section 1533.97 of the Revised Code is guilty of a 728
misdemeanor of the first degree.
(D) Whoever violates division (D) of section 1533.97 of 730
the Revised Code is guilty of a misdemeanor of the fourth degree. 731
The court shall require any person who is convicted of or pleads 732
guilty to the offense to refund to all participants in the 733
fishing tournament operated by the person any entry fees paid by 734
the participants. 735
(E) Whoever violates division (C) or (D) of section 737
1533.632 of the Revised Code is guilty of a felony of the fifth 738
degree.
(F) Whoever violates any section of this chapter for which 740
no penalty is otherwise provided is guilty of a misdemeanor of 741
the fourth degree. 742
17
(G) A court that imposes sentence for a violation of any 744
section of this chapter governing the holding, taking, or 745
possession of wild animals shall require the person who is 746
convicted of or pleads guilty to the offense, in addition to any 747
fine, term of imprisonment, seizure, and forfeiture imposed, to 748
make restitution for the minimum value of the wild animal or 749
animals illegally held, taken, or possessed as established under 750
section 1531.201 of the Revised Code. An officer who collects 751
moneys paid as restitution under this section shall pay those 752
moneys to the treasurer of state who shall deposit them in the 753
state treasury to the credit of the wildlife fund established 754
under section 1531.17 of the Revised Code. 755
Sec. 3773.21. (A) No person shall discharge a firearm on 764
a lawn, park, pleasure ground, orchard, or other ground 766
appurtenant to a schoolhouse, church, or an inhabited dwelling, 768
the property of another, or a charitable institution. This 769
section DIVISION does not prevent or prohibit the owner thereof 770
from discharging firearms upon his THE OWNER'S own enclosure. 771
(B) NO PERSON SHALL DISCHARGE A FIREARM ON THE TRACT OF 773
LAND ON WHICH A CHURCH IS LOCATED OR WITHIN ONE THOUSAND FEET OF 774
THE BOUNDARIES OF THE TRACT OF LAND ON WHICH A CHURCH IS LOCATED. 775
Sec. 3773.99. (A) Whoever violates section 3773.05, 784
3773.06, 3773.21, or 3773.50, OR DIVISION (A) OR (B) OF SECTION 785
3773.21, of the Revised Code is guilty of a misdemeanor of the 786
fourth degree. 788
(B) Whoever violates section 3773.07 of the Revised Code 790
is guilty of a felony of the fourth degree. 791
(C) Whoever violates section 3773.211, 3773.32, 3773.40, 793
3773.44, 3773.45, 3773.46, or 3773.47, division (A) of section 794
3773.54, or division (B) of section 3773.33 of the Revised Code 795
is guilty of a misdemeanor of the first degree. 796
(D) Whoever violates section 3773.48 or 3773.49 of the 798
Revised Code is guilty of a minor misdemeanor. 799
Section 2. That existing sections 1531.02, 1533.05, 801
18
1533.07, 1533.10, 1533.111, 1533.17, 1533.66, 1533.68, 1533.99, 803
3773.21, and 3773.99 of the Revised Code are hereby repealed.
Section 3. Division (B) of section 1533.17 and division 806
(E) of section 1533.66 of the Revised Code shall apply only to a 807
civil action for injury, death, or loss to person or property 808
that occurs on or after the effective date of this act and arises 809
during or incidental to a violation of division (A) of section 810
1533.17 or division (A) of section 1533.66 of the Revised Code, 811
respectively.
Section 4. Not later than March 1, 2001, the Chief of the 814
Division of Wildlife in the Department of Natural Resources shall 815
prepare and submit to the Governor and the General Assembly a 816
written report that includes all of the following information, by
fiscal year and administrative district of the Division of 817
Wildlife, for fiscal years 1999 and 2000: 818
(A) The number of landowners who registered their land in 820
accordance with section 1531.022 of the Revised Code to allow 821
hunting on Sunday;
(B) The total number of acres of land registered in 823
accordance with section 1531.022 of the Revised Code; 824
(C) The number of landowners who notified the Chief in 826
accordance with section 1531.022 of the Revised Code that they no 828
longer wished to allow hunting on Sunday on their land; 829
(D) The total number of acres of land affected by the 831
notifications described in division (C) of this section; 832
(E) The number of individuals who were convicted of or 834
pleaded guilty to a violation of division (A) of section 1533.17 835
of the Revised Code that occurred on a day of the week other than 836
Sunday;
(F) The number of individuals who were convicted of or 838
pleaded guilty to a violation of division (A) of section 1533.17 839
of the Revised Code that occurred on Sunday; 840
(G) The number of individuals who were convicted of or 842
pleaded guilty to a violation of division (A) of section 1533.17 843
19
of the Revised Code that is classified as a misdemeanor of the 844
third degree;
(H) The number of individuals who were convicted of or 846
pleaded guilty to a subsequent violation of division (A) of 847
section 1533.17 of the Revised Code that is classified as a 848
misdemeanor of the second degree;
(I) The numbers and types of firearms and other hunting 850
implements seized under division (A) of section 1533.99 of the 851
Revised Code and the methods by which they were disposed of; 852
(J) Any additional information the Chief considers 854
appropriate regarding violations of Chapters 1531. and 1533. of 855
the Revised Code and rules adopted and orders issued under them. 856
The Chief may incorporate the information required to be 858
reported under this section into another report published by the 859
Division if the Chief considers doing so to be appropriate and if 860
the other report is published and submitted to the Governor and 861
the General Assembly not later than March 1, 2001.