ORDINANCE NO. O-14-2011

 

AN ORDINANCE AMENDING CHAPTER 95 OF THE “CITY OF FORT THOMAS CODE OF ORDINANCES” BY ADDING AN EXCEPTION TO SECTION 95.05 TO ALLOW FOR THE DISCHARGE OF ARROWS FROM BOWS OR CROSSBOWS UNDER SPECIFIC CIRCUMSTANCES. 

 

            WHEREAS, the city enacted ordinance O-35-2007 to allow for the discharge of arrows from bows and crossbows within the city; and

 

            WHEREAS, ordinance O-35-2007 included a “sunset clause” which required the expiration of the ordinance on February 1, 2011; and

 

            WHEREAS, Section 95.05 has expired and is no longer in effect; and

 

            WHEREAS, the city continues to experience deer-vehicle accidents in the city due to the deer population in the city; and

 

            WHEREAS, the Board of Council desires to provide for the discharge of arrows from bows and crossbows on certain properties in the city to help reduce the number of deer and improve public safety by reducing the number of deer-vehicle accidents in the city.  

 

            NOW, THEREFORE, BE IT ORDAINED THAT:

 

SECTION I

 

Section 95.05 of the City of Fort Thomas Code of Ordinances is hereby amended by adding as follows:

 

§ 95.05 DISCHARGE OF FIREARMS AND OTHER WEAPONS.

 

            No person shall discharge any firearm of any nature, nor use or discharge any sling, bow or other weapon in the City of Fort Thomas, except as specifically provided hereinbelow.  The prohibition of this section shall not apply to any police officer or agent of this city acting in his or her official capacity.

 

            (A)       Exceptions. The provisions of this subchapter shall not apply to any individual discharging an arrow from a bow or crossbow when such discharge meets all of the following requirements:

 

                        (1)        When such discharge occurs:

(a) From one-half hour before sunrise to 10:00 AM from November 1 through November 21 or from January 1 through the end of the Kentucky archery hunting season for deer as established by the Commonwealth of Kentucky for that year; or

(b) Pursuant to a depredation permit issued by the Kentucky Department of Fish and Wildlife Resources; and

                        (2)        When the individual is discharging an arrow from a point not less than 200 feet from a residence, apartment, or business structure not on the property on which the discharge is occurring, or a street, highway, interstate, railroad or park, in the direction the arrow is discharged; and

                        (3)        When the individual is discharging an arrow in a manner where no residence, apartment or business structure not on the property on which the discharge is occurring, or a street, highway, interstate, railroad or park is less than 100 feet to both the left and right of the direction of the arrow’s trajectory; and

                        (4)        When the individual is discharging an arrow in a manner in which it does not leave the property from which it is being discharged; and

                        (5)        When the individual is discharging an arrow not more than 35 yards from the intended target; and

                        (6)        When the individual discharging an arrow is either the owner of the property upon which the arrow is being discharged or has the permission of the property owner upon which the arrow is being discharged; and

                        (7)        When the discharge occurs on a lot 3 acres or greater in area, or on a combination of contiguous lots under the same ownership which cumulatively are 3 acres or greater in area.

                       

            (B) The provisions of this subchapter shall not apply to any individual discharging an arrow as part of an educational program on property owned or controlled by the educational institution, specifically including, but not limited to, archery classes taught in a public or private school.

           

SECTION II

 

 

This Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law.

 

                                                                                    APPROVED:

 

 

                                                                                    ___________________________________

                                                                                    Mary H. Brown, Mayor

 

1st Reading:       _____________________________

 

Adopted:           _____________________________

 

Publication:       _____________________________

 

ATTEST:

 

_________________________________________

Melissa K. Kelly, City Clerk