BY: Mr. James
TEMP NO: ____
ORDINANCE NO. ___________
AN ORDINANCE ESTABLISHING TOOLS TO MANAGE THE WHITE-TAILED DEER
POPULATION WITHIN THE CITY OF AVON LAKE
WHEREAS, the overpopulation of white-tailed deer within the City of Avon Lake negatively impacts public health and safety primarily due to an excessive number of deer-related vehicular accidents, as well as destruction of natural habitats and biodiversity, increases the risk of disease transmission to humans from deer parasites, and damage to private and public property; and,
WHEREAS, the Environmental Affairs Advisory Board considered and studied various options to control the deer population, with the assistance and input from Ohio Department of Natural Resources, the Cleveland Museum of Natural History, the Cleveland Metroparks Zoo, and other municipalities, and conducted public meetings to assess public opinion on a deer management program; and,
WHEREAS, the Environmental Affairs Advisory Board recommended to the Environmental Committee of City Council to adopt a comprehensive deer management program; and,
WHEREAS, City Council has studied deer overpopulation through a joint Environmental and Safety Committee, by soliciting professional assistance and input from the public; and,
WHEREAS, City Council believes a comprehensive and multi- faceted approach to managing the deer population is the most effective strategy and continues to study additional tools such as education, contraception, and traffic safety efforts; and,
WHEREAS, a deer culling program has been in effect in the City of Avon Lake since 2004 that allows the hunting of deer under certain circumstances pursuant to Ordinance No. 165-2004; and,
1. WHEREAS, City Council desires to provide the Mayor, as the Director of Public Safety, with as many safe, effective, and feasible tools as possible to address deer overpopulation; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE,
STATE OF OHIO:
Section No. 1: That Codified Ordinance 618.12 is amended
(a) No person shall hunt with firearms or other weapons
within the City. The Mayor shall cause signs to be posted in various locations in the City warning of this prohibition hunting is only allowed under specific circumstances. This prohibition shall not be construed to prohibit hunting by use of traps., except as follows:
(1) The Director of Public Safety shall, by the end of the 2013-2014 declared hunting season of white-tailed deer by the Ohio Department of Natural Resources, Division of Wildlife, and for each year thereafter as may be necessary:
- Develop a deer management plan directing members of the Avon Lake Police Department or other
ii. qualified employees or agents of the City of Avon Lake to apply for an Ohio Department of Natural Resources, Division of Wildlife deer damage permit and implement such deer management plan to cull white-tailed deer on any property owned by the City of Avon Lake under such circumstances and in such manner as the Director of Public Safety deems safe and appropriate, including, but not limited to providing adjacent and nearby
- property owners with multiple notices, using temporary elevated stands, cordoning controlled areas off from public access, and instituting police patrols around controlled areas; and,
- Undertake such measures to secure appropriate authorization from the state and to process or dispose of deer carcasses; and,
iii. Develop, in coordination with a university or research institute, a proposal which outlines a scientific research project and seek permission from the state to use contraceptives for scientific research on white-tailed deer within the municipality, and implement such contraceptive research project upon receipt of permission by the state.
(2) The Director of Public Safety may direct members of the Avon Lake Police Department or other qualified employees or agents of the City of Avon Lake to cull white-tailed deer during the declared archery season by the Ohio Department of Resources, Division of Wildlife on privately-owned property only under the following conditions:
- The owner or owners of private property consisting of parcels of five (5) acres or greater, or a combination of no more than three (3) contiguous properties, not separated by a public roadway, that in combination are equal to or greater than five (5) acres and not adjacent or contiguous to a school, daycare center, or church have requested culling by the Director of Public Safety in writing; and,
ii. The culling uses no firearms or other weapons except a bow and arrow, longbow, compound bow or crossbow; and,
- The culling does not occur within two hundred fifty (250) feet of a lot line that is not part of a parcel whose owner has given permission to hunt, or within two hundred fifty (250) feet of a driveway or roadway; and,
iv. The culling is conducted in compliance with all laws, rules and regulations of the state; and,
- The culling is conducted under such circumstances and in such manner as the Director of Public Safety deems safe and appropriate, including, but not limited to providing adjacent and nearby
vi. property owners with multiple notices, using temporary elevated stands, cordoning controlled areas off from public access, and instituting police patrols around controlled areas.
The hunting of white–tailed deer is permitted outside of the declared hunting season by the Ohio Department of Natural Resources, Division of Wildlife, upon the following terms and conditions:
- The owner of the property where hunting will take place has obtained a deer damage permit from the Ohio Department of Natural Resources, Division of Wildlife.
ii. The location where the hunting will take place is a minimum of five (5) contiguous acres of wooded or undeveloped property.
- The method of hunting under this subdivision uses no firearms or other weapons except a bow and arrow, longbow, compound bow or crossbow.
iv. Hunting under this subdivision shall only be conducted from a fixed, elevated position at least ten (10) feet off the ground.
- Hunting under this subdivision shall be in compliance with all rules, regulations, permit terms, and orders of Ohio Department of Natural Resources, Division of Wildlife.
vi. Owners of property adjacent to property where hunting will take place under this subdivision shall be provided notice of the time and date of any hunting.
- Hunting under this subdivision shall be in compliance with all laws, rules and regulations of the state and the City of Avon.
. (b) Except as otherwise provided by law, hunting by use of traps shall not be prohibited.
. (c) Whoever violates this section is guilty of a misdemeanor of the third first degree and shall be subject to the penalty provided in Section 698.02. 4
Section No. 2: That Ordinance No. 165-2004 is hereby repealed.
Section No. 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were conducted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in accordance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
PASSED: _________________________ ____________________________
President of Council
POSTED: _________________________ ____________________________
ATTEST: _________________________ ____________________________
Clerk of Council