Revised Avon Lake Deer Culling Ordinance

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

as follows:

(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:

1. 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

1. property owners with multiple notices, using 
temporary elevated stands, cordoning controlled 
areas off from public access, and instituting 
               police patrols around controlled areas; and,

iv.   

1. Undertake such measures to secure appropriate 
authorization from the state and to process or 
dispose of deer carcasses; and,

vi.  
2

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:

1. 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,

1. 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,

1. 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:

1. 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.

1. 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.

1. 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.

1. 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: _________________________  ____________________________

                                   Approved

ATTEST: _________________________  ____________________________

Clerk of Council

Mayor