ORDINANCE NO. O-18-2009

AN ORDINANCE AMENDING CHAPTER 95 OF THE “CITY OF FORT THOMAS CODE OF ORDINANCES” REGULATING THE DISCHARGE OF ARROWS FROM BOWS OR CROSSBOWS.

WHEREAS, the city has experienced an increase in the number of deer-vehicle accidents in the city; and

WHEREAS, the Board of Council desires to improve public safety by reducing the number of deer-vehicle accidents in the city; and

WHEREAS, a segment of the residents of Fort Thomas have expressed the desire for relief from the damage to private property caused by the deer population in the city; and

WHEREAS, the Board of Council desires to provide a method for residents to address the occurrence of deer-related damage to private property.

NOW, THEREFORE, BE IT ORDAINED THAT:

SECTION I

Section 95.05 of the City of Fort Thomas Code of Ordinances is hereby amended 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.

Exceptions.

(A) 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 between from one-half hour before sunrise to the hours of 6:00 AM and 9:00 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 from one-half hour before sunrise to between the hours of 6:00 AM and 9:00 10:00 AM when such discharge occurs 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 no longer be in force and effect and shall expire on February 1, 2011.

SECTION III

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

1^st Reading: September 21, 2009

Adopted: October 5, 2009

Publication: October 15, 2009

ATTEST:

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Melissa K. Kelly, City Clerk