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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 209 |
REPRESENTATIVES ROMAN-WACHTMANN-HODGES-TIBERI-WINKLER-TAYLOR-
MOTTLEY-HOOD-VESPER-PADGETT-THOMPSON-BATEMAN-MAIER-LOGAN-
JORDAN-JACOBSON-CLANCY-METZGER-HARRIS-OGG-CATES-GARCIA-
CAREY-VAN VYVEN-WISE-KREBS-OPFER-BATCHELDER-LUCAS-WESTON-
GRENDELL-SCHULER-HAINES-REID
A BILL
To enact sections 1533.83, 1533.84, 1533.85, and 1533.86 of the Revised Code
to provide limited immunity from civil and criminal
liability to persons who
operate or use shooting ranges.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1533.83, 1533.84, 1533.85, and 1533.86 of the
Revised Code be enacted to read as
follows:
Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.86 OF THE
REVISED CODE:
(A) "PERSON" MEANS ANY
INDIVIDUAL, PARTNERSHIP, TRUST, ESTATE, BUSINESS TRUST,
ASSOCIATION, CORPORATION, GOVERNMENTAL AUTHORITY, OR POLITICAL SUBDIVISION OF
THE STATE.
(B) "POLITICAL SUBDIVISION" MEANS A MUNICIPAL CORPORATION,
TOWNSHIP, COUNTY, OR
OTHER BODY CORPORATE AND POLITIC RESPONSIBLE FOR GOVERNMENTAL
ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN THAT OF THE
STATE.
(C) "GOVERNMENTAL AUTHORITY" MEANS ANY AGENCY, DEPARTMENT,
OFFICER, OR AUTHORIZED EMPLOYEE OF THE STATE, A POLITICAL SUBDIVISION, OR A
COURT. "GOVERNMENTAL AUTHORITY" DOES NOT INCLUDE THE GOVERNOR, THE GENERAL
ASSEMBLY, THE SUPREME COURT, OR THE COURT OF CLAIMS.
(D) "SHOOTING RANGE" MEANS A FACILITY OPERATED FOR THE
PURPOSE OF SHOOTING WITH FIREARMS OR ARCHERY EQUIPMENT, WHETHER PUBLICLY OR
PRIVATELY
OWNED AND WHETHER OR NOT OPERATED FOR PROFIT, INCLUDING, BUT NOT LIMITED TO,
COMMERCIAL BIRD SHOOTING PRESERVES AND WILD ANIMAL HUNTING
PRESERVES ESTABLISHED PURSUANT TO THIS CHAPTER.
Sec. 1533.84. THE CHIEF OF THE DIVISION OF WILDLIFE, IN
ACCORDANCE WITH SECTION 1531.10 of the Revised Code, SHALL ADOPT RULES ESTABLISHING GENERALLY
ACCEPTED PRACTICES IN THE OPERATION OF A SHOOTING RANGE FOR THE LIMITATION AND
SUPPRESSION OF NOISE AND FOR PUBLIC SAFETY. THE CHIEF SHALL FILE THE PROPOSED
RULES IN ACCORDANCE WITH SECTION 1531.10 of the Revised Code WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THIS SECTION.
Sec. 1533.85. (A) A PERSON WHO OWNS, OPERATES, OR USES A
SHOOTING RANGE IS NOT SUBJECT TO
CIVIL ACTION, CRIMINAL PROSECUTION, INJUNCTION FOR NUISANCE, OR
RESTRICTION BY REGULATION IN ANY MATTER RELATING TO THE PRODUCTION,
LIMITATION, OR SUPPRESSION OF NOISE IF THE RANGE IS IN SUBSTANTIAL COMPLIANCE
WITH THE GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF THE SHOOTING RANGE
ESTABLISHED BY RULES ADOPTED PURSUANT TO SECTION 1533.84 of the Revised Code.
(B) THIS SECTION DOES
NOT PROHIBIT ANY CIVIL OR CRIMINAL ACTION FOR THE NEGLIGENT ACTS OF A
PERSON WHO OWNS, OPERATES, OR USES A SHOOTING RANGE UNLESS
THE LIABILITY IS FOR ACTS THAT CONFORM TO THE GENERALLY ACCEPTED
PRACTICES IN THE OPERATION OF THE SHOOTING RANGE ESTABLISHED BY RULES ADOPTED
PURSUANT TO SECTION 1533.84 of the Revised Code.
(C) EACH PERSON WHO ATTENDS A SHOOTING RANGE ACCEPTS THE
RISKS ASSOCIATED WITH SHOOTING TO THE EXTENT THAT THE RISKS ARE
OBVIOUS AND INHERENT, INCLUDING, BUT NOT LIMITED
TO, INJURIES THAT MAY RESULT FROM NOISE, DISCHARGE OF A
PROJECTILE, OR MALFUNCTION OF SHOOTING EQUIPMENT NOT
SUPPLIED BY THE OWNER OR OPERATOR OF THE SHOOTING RANGE.
Sec. 1533.86. EXCEPT AS PROVIDED IN THIS
SECTION, A POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY MAY NOT PROHIBIT
OR REGULATE THE ENLARGEMENT, RECONSTRUCTION, REMODELING, OR
REPAIR OF A STRUCTURE OR FACILITY THAT IS PART OF A SHOOTING RANGE. A
POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY MAY
PROHIBIT OR
REGULATE THE ENLARGEMENT, RECONSTRUCTION, REMODELING, OR REPAIR
OF A STRUCTURE OR FACILITY THAT IS PART OF A SHOOTING
RANGE IF THE PROHIBITION OR REGULATION IS GENERALLY APPLICABLE
TO OTHER STRUCTURES OR FACILITIES UNDER THE JURISDICTION OF THE
POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY AND THE PROHIBITION OR
REGULATION DOES NOT
PREVENT OR IMPAIR ACTIVITIES CONDUCTED IN ACCORDANCE WITH THE
GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF THE SHOOTING RANGE
ESTABLISHED BY RULES ADOPTED PURSUANT TO SECTION 1533.84 of the Revised Code.
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