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Ohio

Baldwin's Ohio Revised Code Annotated. Title XV. Conservation of Natural Resources. Chapter 1533. Hunting; Fishing. General Provisions.

Statute Details
Printable Version
Citation: R.C. 1533.031 - 1533.031

Citation: OH ST 1533.03 - 1533.031


Last Checked by Web Center Staff: 01/2014

Summary:   This section reflects Ohio's hunter harassment provisions. No person shall purposely prevent or attempt to prevent any person from hunting, trapping, or fishing for a wild animal by: placing oneself in a location that he or she knows may affect the behavior of the animal being hunted, trapped, or fished; using stimuli to affect animal behavior; or affecting the condition or location of personal property intended for use in the hunting, trapping, or fishing activity. A person who is or may be reasonably affected by the prohibited conduct can seek an injunction. The companion statute also provides that no person shall purposely prevent or attempt to prevent hunting by creating noise or loud sounds through the use of implements that are intended to affect the behavior of the wild animal being hunted. “Implements” does not include items being used in the due course of farming, forestry, or commercial practices.


Statute in Full:

 

1533.03 Harassment of hunters, trappers, and fishers prohibited

(A) No person shall purposely prevent or attempt to prevent any person from hunting, trapping, or fishing for a wild animal as authorized by this chapter by any of the following means:

(1) Placing oneself in a location in which he knows or should know that his presence may affect the behavior of the wild animal being hunted, trapped, or fished for or otherwise affect the feasibility of the taking of the wild animal by the hunter, trapper, or fisherman;

(2) Creating a visual, aural, olfactory, or physical stimulus intended to affect the behavior of the wild animal being hunted, trapped, or fished for;

(3) Affecting the condition or location of personal property intended for use in the hunting, trapping, or fishing activity.

(B) No person shall fail to obey the order of a peace officer or wildlife officer to desist from conduct that violates division (A) of this section.

(C) This section applies only to acts committed on lands or waters upon which hunting, trapping, or fishing activity may lawfully occur. This section does not apply to acts of a peace officer, the owner of the lands or waters, or a tenant or other person acting under authority of the owner on the lands or waters.

(D) Upon petition by a person who is or reasonably may be affected by conduct that violates or will violate division (A) of this section and a showing by that person that the conduct has occurred in a particular place and may reasonably be expected to occur in or near that place again, a court of common pleas may enjoin the conduct in accordance with Civil Rule 65.

(E) As used in this section, “peace officer” has the same meaning as in section 2935.01 of the Revised Code, and “wildlife officer” has the same meaning as in section 1531.13 of the Revised Code.

CREDIT(S)

(1994 S 182, eff. 10-20-94; 1991 S 46, eff. 10-23-91)

 

1533.031 Preventing hunting by creating noise or loud sounds prohibited

(A) No person shall purposely prevent or attempt to prevent any person from hunting a wild animal as authorized by this chapter by creating noise or loud sounds through the use of implements when the use of the implements is intended primarily to affect the behavior of the wild animal being hunted, when the hunting is taking place on lands or waters upon which the hunting activity may lawfully occur, and when the noise or loud sounds are created on lands or waters other than the lands or waters upon which the hunting activity may lawfully occur. “Implements” does not include items being used in the due course of farming, forestry, or commercial practices.

(B) Upon petition by a person who is or reasonably may be affected by conduct that violates or will violate division (A) of this section and a showing by that person that the conduct has occurred in a particular place and may reasonably be expected to occur in or near that place again, a court of common pleas may enjoin the conduct in accordance with Civil Rule 65.

CREDIT(S)

(1997 H 209, eff. 11-21-97)


 
 



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