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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. 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-BUCHY-FOX-SAWYER-HOUSEHOLDER-YOUNG-WOMER BENJAMIN-BRADING-
MYERS-O'BRIEN-PRINGLE-THOMAS-CORBIN-WILLIAMS
A BILL
To enact sections 1533.83, 1533.84, and 1533.85 of the Revised Code
to require the Chief of the Division of Wildlife to establish
standards for
the limitation and suppression of noise and for public safety at shooting
ranges, and to provide limited immunity from civil
and criminal
liability to persons who operate or use shooting ranges in substantial
compliance with those
rules.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1533.83, 1533.84, and 1533.85 of the
Revised Code be enacted to read as
follows:
Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.85 OF THE
REVISED CODE:
(A) "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.
(B) "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. "SHOOTING RANGE" DOES NOT
INCLUDE A FACILITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION, COUNTY, OR
TOWNSHIP POLICE DISTRICT.
(C) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY.
(D) "THE CHIEF'S NOISE RULES" MEANS THE RULES OF THE
CHIEF OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT TO
SECTION 1533.84 OF THE REVISED
CODE AND THAT PERTAIN TO THE
LIMITATION OR SUPPRESSION OF NOISE AT A SHOOTING RANGE.
(E) "THE CHIEF'S PUBLIC SAFETY RULES" MEANS THE RULES OF
THE CHIEF OF THE DIVISION OF WILDLIFE THAT ARE ADOPTED PURSUANT
TO SECTION 1533.84 OF THE
REVISED
CODE AND THAT PERTAIN TO PUBLIC
SAFETY.
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 STANDARDS FOR SHOOTING RANGES. THESE RULES
SHALL BE CONSISTENT WITH NATIONAL RIFLE ASSOCIATION STANDARDS, AND INCLUDE
STANDARDS FOR THE LIMITATION AND SUPPRESSION OF
NOISE, STANDARDS FOR THE HOURS OF OPERATION OF SHOOTING RANGES OF THE
VARIOUS TYPES AND AT THE VARIOUS LOCATIONS OF RANGES, AND STANDARDS FOR PUBLIC
SAFETY. THE RULES MAY INCLUDE
STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT, REMODELING, OR
REPAIR OF ANY STRUCTURE OR FACILITY THAT IS PART OF A SHOOTING
RANGE. THIS SECTION SHALL
NOT BE CONSTRUED AS PREEMPTING ANY STATE OR LOCAL BUILDING,
ZONING, SANITATION, HEALTH, FIRE, OR OTHER SAFETY
CODES, RULES, RESOLUTIONS, ORDINANCES, OR OTHER LAWS PERTAINING
TO STRUCTURES OR BUILDINGS THAT DO NOT CONFLICT WITH THE RULES
ADOPTED BY THE CHIEF UNDER THIS SECTION.
THE RULES SHALL PROVIDE THAT TO THE
EXTENT PRACTICABLE WITHOUT CREATING UNDUE HARDSHIP ON SHOOTING RANGES, ANY
LOCAL LAWS CREATING STANDARDS FOR THE RECONSTRUCTION, ENLARGEMENT,
REMODELING, OR REPAIR OF STRUCTURES THAT APPLY GENERALLY TO ALL STRUCTURES AND
NOT EXCLUSIVELY OR PRIMARILY TO SHOOTING RANGES APPLY TO SHOOTING RANGES AND
THAT AT THE TIME OF ITS ESTABLISHMENT A SHOOTING RANGE SHALL COMPLY WITH LOCAL
ZONING REGULATIONS.
THE CHIEF OF THE DIVISION OF WILDLIFE SHALL CONSULT WITH A
REPRESENTATIVE SAMPLE OF PERSONS AND ORGANIZATIONS THAT OWN, OPERATE, OR USE
SHOOTING RANGES AND PERSONS AND ORGANIZATIONS THAT REPRESENT COUNTIES,
TOWNSHIPS, AND MUNICIPAL CORPORATIONS PRIOR TO FILING OR AMENDING THE RULES
REQUIRED OR AUTHORIZED UNDER THIS SECTION IN ACCORDANCE WITH SECTION 1531.10
OF
THE REVISED
CODE. A DRAFT COPY OF THE CHIEF'S PROPOSED
RULES OR ANY SUBSEQUENT AMENDMENTS TO THE RULES SHALL BE SUBMITTED TO
REPRESENTATIVES OF THE ABOVE-LISTED ORGANIZATIONS, WHO SHALL BE GIVEN THIRTY
DAYS TO REVIEW AND SUBMIT WRITTEN COMMENTS ON THE DRAFT RULES TO THE CHIEF.
THE CHIEF SHALL CONSIDER BUT NOT BE BOUND BY THE WRITTEN COMMENTS AND SHALL
FILE THE INITIAL RULES IN ACCORDANCE WITH SECTION 1531.10 OF THE
REVISED CODE
WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
Sec. 1533.85. (A)(1) THE OWNER,
OPERATOR, OR USER OF A SHOOTING RANGE IS NOT LIABLE IN DAMAGES
IN A CIVIL ACTION TO ANY PERSON FOR HARM THAT ALLEGEDLY IS
CAUSED BY THE CREATION OF NOISE AT THE SHOOTING RANGE OR THE
FAILURE TO LIMIT OR SUPPRESS NOISE AT THE SHOOTING RANGE IF THE
OWNER, OPERATOR, OR USER SUBSTANTIALLY COMPLIES WITH THE CHIEF'S
NOISE RULES.
(2)(a) DIVISION
(A) OF THIS SECTION DOES NOT
CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST
AN OWNER, OPERATOR, OR USER OF A SHOOTING RANGE.
(b) DIVISION
(A) OF THIS SECTION DOES NOT
AFFECT ANY IMMUNITIES FROM OR DEFENSES TO CIVIL LIABILITY
ESTABLISHED BY OTHER SECTIONS OF THE
REVISED
CODE OR AVAILABLE AT COMMON LAW
TO WHICH THE OWNER, OPERATOR, OR USER OF A SHOOTING RANGE MAY BE
ENTITLED.
(c) DIVISION
(A) OF THIS SECTION SHALL APPLY
ONLY TO HARM THAT OCCURS ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
(d) DIVISION
(A) OF THIS SECTION DOES NOT
CONFER AN IMMUNITY FROM CIVIL LIABILITY IN RELATION TO AN
OWNER'S, OPERATOR'S, OR USER'S ACTIONS OR OMISSIONS THAT
CONSTITUTE NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR
INTENTIONALLY TORTIOUS CONDUCT IF THOSE ACTIONS OR OMISSIONS ARE
NOT THE SUBJECT OF THE CHIEF'S NOISE RULES
OR ARE NOT IN SUBSTANTIAL COMPLIANCE WITH THE CHIEF'S
NOISE RULES.
(B) THE OWNER, OPERATOR,
OR USER OF A SHOOTING RANGE IS NOT SUBJECT TO CRIMINAL
PROSECUTION UNDER ANY SECTION OF THE
REVISED
CODE, OR UNDER ANY ORDINANCE, RESOLUTION,
OR REGULATION OF A POLITICAL SUBDIVISION, THAT
RELATES TO THE CREATION, LIMITATION, OR SUPPRESSION OF NOISE IF
THE CONDUCT OF THE OWNER, OPERATOR, OR USER THAT ALLEGEDLY
VIOLATES THE SECTION, ORDINANCE, RESOLUTION, OR REGULATION
SUBSTANTIALLY COMPLIES WITH THE CHIEF'S NOISE RULES.
(C) NOTWITHSTANDING ANY
CONTRARY PROVISION OF LAW, THE COURTS OF COMMON PLEAS, MUNICIPAL
COURTS, HOUSING DIVISIONS OF MUNICIPAL COURTS, AND COUNTY COURTS
OF THIS STATE SHALL NOT GRANT INJUNCTIVE RELIEF UNDER
CHAPTER 3767. OR ANY OTHER SECTION OF THE
REVISED
CODE, UNDER AN ORDINANCE,
RESOLUTION, OR REGULATION OF A POLITICAL SUBDIVISION,
OR UNDER THE COMMON LAW OF THIS STATE AGAINST THE OWNER OR OPERATOR OF
A SHOOTING RANGE IN A
NUISANCE ACTION IF THE COURT DETERMINES THAT THE OWNER'S OR
OPERATOR'S ACTIONS OR OMISSIONS THAT ARE THE SUBJECT OF A
COMPLAINT SUBSTANTIALLY COMPLIED WITH THE CHIEF'S NOISE RULES OR
THE CHIEF'S PUBLIC SAFETY RULES, WHICHEVER APPLY TO THE NUISANCE
ACTION.
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