The City of
Newton Falls

Ordinance 2015-18

ORDINANCE 2015 – 18

AN ORDINANCE AMENDING ORDINANCE 549.08 REGARDING DISCHARGE OF FIREARMS WITHIN CITY LIMITS.

WHEREAS, City Council believes present and future commercial, industrial, and residential development within the City has created a need to address hunting within City limits: and,

WHEREAS, City Council believes future expansion of the City makes it necessary and desirable to allow hunting in a limited manner for wildlife management purposes; and

WHEREAS, City Council needs to continue to restricted the discharge of firearms within City limits for public health and safety while permitting limited hunting.
COUNCIL FOR THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY ORDAINS:

SECTION I: “Exhibit A” attached hereto as if fully rewritten herein amends Ordinance 549.08.

PASSED IN COUNCIL THIS __________ DAY OF ____________ 2015.
_________________________________
Mayor, Lyle Waddell

ATTEST: __________________________________
City Clerk/Clerk of Council

 

EXHIBIT A

549.08 DISCHARGE OF FIREARMS; HUNTING.

(a) Discharge of Firearms.
(1) Except as enumerated below, no person shall discharge, or cause to be discharged, an air gun, rifle, shotgun, revolver, cannon, pistol, BB, pellet or any firearm capable of expelling or propelling one or more projectiles within the city limits.
(2) No person shall negligently discharge, or cause to be discharged, any firearm in such manner as to cause the projectile or projectiles to exit the property on which the shooter is lawfully discharging said firearm.
(3) Lawful hunting sanctioned by the Ohio Division of Wildlife or the Ohio Division of Natural Resources is not prohibited by this section, provided all safety restrictions of Ohio hunting laws are followed.
(4) Discharge of a firearm in self-defense is not prohibited by this section.
(5) Organized firing of ceremonial salutes with blank ammunition by members of the military, veterans’ organizations or police honor guard units is not prohibited by this section.
(6) Discharge of any authorized firearm by any law enforcement officer in the course of his or her duty within the City is not prohibited by this section.
(7) Shooting ranges operated by any law enforcement agency for the purpose of training and/or proficiency enhancement are not prohibited by this section.
(8) The discharge of shot guns, using bird shot, is not prohibited on a parcel of land consisting of 30 acres or more, providing that such discharge occurs more than 450 feet in the direction of fire and 350 feet from an adjoining property.
(9) The landowner of 40 acres or more, or his or her designated agent, for purposes of nuisance animal control, may discharge a .22 caliber rimfire firearm, providing that such discharge occurs more than 350 feet from an adjoining property or public road.
(10) No person shall discharge a firearm on the property of another without first having obtained written permission from the property owner or other person having legal control of the property.

(b) Penalties.
(1) Whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 501.99.