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Proposed Ordinance Permitting Deer Hunting in Mentor, Ohio

Proposed Ordinance Permitting Deer Hunting in Mentor, Ohio

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Published by The News-Herald
Mentor City Council proposed ordinance permitting limited hunting of white-tailed deer within the city of Mentor.
Mentor City Council proposed ordinance permitting limited hunting of white-tailed deer within the city of Mentor.

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Published by: The News-Herald on Jul 03, 2012
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07/03/2012

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AN ORDINANCE AMENDING PART FIVE OF THE MENTOR MUNICIPAL GENERALOFFENSE CODE TO PERMIT LIMITED HUNTING OF WHITE-TAILED DEER WITHINTHE CITY OF MENTORWHEREAS, City Council has determined an overpopulation of white-tailed deer exists within thecorporate limits that is negatively impacting public health and safety due to an excessive number of deer related vehicular accidents and an increase in risk of disease transmission to humans from deerparasites, causing damage to private and public property, and destroying natural habitat and
 
biodiversity; and,WHEREAS, Council has studied the problem extensively, solicited professional opinions andassistance, and resident input through a series of publicly broadcast meetings on the topic; and,WHEREAS, Council is adopting a comprehensive approach to managing the deer herd within thecity that includes education, a traffic safety program, and herd reduction through regulated hunting
 
and culling; and,WHEREAS, Council believes permitting the hunting of white-tailed deer through the use of bowsand arrows and crossbows, with restrictions to insure resident safety, is a reliable method forremediating the concerns to public health, safety, property, and the natural habitat; NOW,THEREFORE, BEIT ORDAINED BY THE CITY OF MENTOR, LAKE COUNTY, STATE OFOHIO:SECTION 1. Section 505.12 is hereby amended to read and provide as follows:505.12 HUNTING PROHIBITED(a) No person shall hunt or pursue game within the corporate limits,
except that limitedhunting of white
 – 
tailed deer may be permitted when a permit is issued for such purpose bythe Chief of Police, or his or her agent, upon the following terms and conditions:(1)
 
The hunting shall be conducted in accordance with the permit and onlycommensurate with the declared hunting season by the OhioDepartment of Natural Resources, Division of Wildlife. The permit shallbe subject to such reasonable requirements as are deemed necessary topreserve and protect the health, safety and welfare of the residence of the city and shall be conditioned upon the applicant complying with alllaws, rules and regulations of the city and state. All applicants shallagree, in writing, to defend and indemnify the City for any negligent actscommitted by the applicant while exercising rights granted hereunder.This agreement shall be part of the application, and signed by theapplicant;(2)
 
The applicant uses no firearms or other weapons except a bow andarrow, longbow, compound bow or crossbow;(3)
 
Prior to the issuance of a permit, the Chief of Police or his or her agentshall make a determination that the applicant has complied with alllaws, rules and regulations of the State and has the written permission of all property owners upon whose land the applicant intends to hunt. The
 
property owner is required to complete and sign an affidavit prescribedby the Chief of Police indicating the person or persons he is authorizingto hunt on his property for the current hunting season. No person shall
pursue a wounded or killed deer upon another’s property unless the
pursuing person has written permission to hunt or pursue the deer onthat property.(4)
 
For the year in which the application is filed, the applicant must provideproof of proficiency with a longbow, compound bow, or crossbow by suchtest or tests established by the Chief of Police. Applicant must providewritten proof of the type of bow utilized in the proficiency test and that hehas achieved the required proficiency.(5)
 
Hunting of white-tailed deer shall be allowed only on parcels of five (5)acres or greater, or a combination of no more than three (3) contiguousproperties, not separated by a public roadway, that together are equal to orgreater than five (5) acres. There shall be no hunting within one hundred(100) feet of a lot line that is not part of a parcel whose owner has givenpermission to hunt, or within one hundred (100) feet of a driveway orroadway. The Chief of Police, in his sole discretion, may determine anyproperty unsuitable for hunting, regardless of size and location, if hedetermines public health and safety could be impacted.(6)
 
Any person obtaining a permit under this section and any property owner
giving written permission for deer hunting on the owner’s property shall
have been deemed to consent to the entry upon the property by municipal
 
police officers and/or other persons designated by the Safety Director toenforce the provisions of this chapter.(7)
 
All applicants must agree to hunt only from a fixed, elevated position atleast eight (8) feet off the ground. Applicants shall not attempt to shoot at a
 
deer upon or over a private driveway, public road or highway, or whenthat person can visually see residential structures, vehicles, or other personsin the background of his or her shot direction.(8)
 
The first deer harvested by a hunter
in any season must be an “antlerlessdeer,” as defined by the Ohio Department of Natural Resources, Division
of Wildlife.(9)
 
Any hunter who kills a deer, or any other animal, shall report such a kill tothe Police Department within twenty-four (24) hours of the killing andallow it to be inspected by the Department if so desired.
 
(b) It shall be prima facie evidence of hunting if a person if found within the corporate limitswith any firearm or bow and arrow or other similar weapon, which said weapon is loaded orwith the firing mechanism in closed position so that the weapon could be fired if loaded.
(c) The Safety Director is hereby authorized to promulgate any and all rules and

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