AN ORDINANCE
BY:
NO.
AMENDING SECTIONS 505.10 AND 517.01, REPEALING EXISTING CHAPTER 549, AND ENACTING NEW CHAPTER 549, ALL OF THE GENERAL OFFENSES CODE, RELATING TO THE OWNERSHIP, POSSESSION, PURCHASE, OTHER ACQUISITION, TRANSPORT, STORAGE, CARRYING, SALE, OTHER TRANSFER, MANUFACTURE, TAXATION, KEEPING, AND REPORTING OF LOSS OR THEFT OF FIREARMS, THEIR COMPONENTS, AND THEIR AMMUNITION, AND DECLARING AN EMERGENCY.

WHEREAS, the Ohio General Assembly has enacted Section 9.68 of the Ohio Revised Code, which becomes effective on December 28, 2019, and which on its face removes from Ohio municipalities the right to enact and enforce laws relating to the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, other transfer, manufacture, taxation, keeping, and reporting of loss or theft of firearms, their components, and their ammunition; and

WHEREAS, if ordinances currently a part of the Codified Ordinances of the city of Oakwood relating to the above are not removed, a private cause of action is created through which the city may be liable for damages, attorney fees, and other costs; and

WHEREAS, Council recognizes that the city of Oakwood has home rule authority under the Ohio Constitution, but also that no court has yet ruled on the constitutionality of Ohio Revised Code Section 9.68, and the city needs to protect itself against liability; and

WHEREAS, as a result the city is in need of amending several sections of its General Offenses Code to place it in compliance with the above-referenced law;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

SECTION I.

Section 505.10, Hunting Prohibited, of the Oakwood General Offenses Code, is hereby amended to read as follows, with new text in bold font and deleted text in strikethrough font:

505.10 HUNTING PROHIBITED.
(a)
No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms or any other any means other than the use of a firearm as defined by Ohio Revised Code Section 2923.11. Hunting of animals or fowl within the City is prohibited.
(b)
Whoever violates this section is guilty of a minor misdemeanor.
SECTION II.

Section 517.01, Definitions, of the Oakwood General Offenses Code, is hereby amended to read as follows, with new text in bold font and deleted text in strikethrough font:

517.01 DEFINITIONS
* * *
(vv)
“Merchandise prize” means any item of value, but shall not include any of the following:
(1)
Cash, gift cards, or any equivalent thereof;
(2)
Plays on games of chance, state lottery tickets, bingo, or instant bingo;
(3)
Firearms, tTobacco, or alcoholic beverages; or
(4)
A redeemable voucher that is redeemable for any of the items listed in subsection (vv)(1), (2) or (3) of this section.
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