Pickerington Park Ordinances - success

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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docachna
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Pickerington Park Ordinances - success

Post by docachna »

I recently noticed a Pickerington City Ordinance regarding weapons in parks:

Section 1082.01 Rules For Personal Conduct
(e) Firearms or Other Dangerous Weapons. No person, except park employees or other law enforcement officers, shall carry a firearm of any description, air or gas gun, bow, crossbow, or other missile-throwing device, within any park, or discharge any firearms, fireworks, explosive substances, or air or gas guns onto or over such park, or bring into such park any pistol, switchblade or hunting knife, dagger, metal knuckles, slingshot or other dangerous weapon...


I e-mailed the City Attorney and reminded him of Cleveland v. State and OFCC v. Clyde, and asked if the City was aware of the cases, and if so, if they planned to revise their ordinance to comply with the cases. About 3 weeks later, and after another inquiry, he responded that "[o]ur office is prepping an amendment to the current ordinance. It will be in committee this month and council soon after." After another inquiry, I received a copy of the proposed resolution:

AN ORDINANCE AMENDING SECTION 1082.01 OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES TO COMPLY WITH THE RECENT SUPREME COURT RULING.

WHEREAS, in the case of OFCC v. Clyde, 120 Ohio St.3d 96 (2008) the Supreme Court of Ohio held a City of Clyde’s ordinance prohibiting licensed handgun owners from carrying concealed handguns in city parks was an exercise of the city's police power that conflicted with general law governing licenses to carry concealed handguns, and thus was an unconstitutional exercise of home rule authority; and

WHEREAS, Pickerington has a same or similar provision as Clyde; and

WHEREAS, section 1082.01 the codified ordinances of the Pickerington should be amended to comply with the Supreme Court ruling in the Clyde case.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PICKERINGTON, FAIRFIELD-FRANKLIN COUNTIES OHIO, ____________ OF ITS MEMBERS CONCURRING:

Section 1. Section 1082.01 (Rules for Personal Conduct) of Chapter 1082 (Parks) of Title Six (Other Public Services) of Part 10 (Streets, Utilities and Public Services Code) of the Codified Ordinances of the City of Pickerington, Ohio is hereby amended as follows:
(e) Firearms or Other Dangerous Weapons. No person, except park employees, other law enforcement officers or other persons authorized under Ohio law, shall carry a firearm of any description, air or gas gun, bow, crossbow, or other missile-throwing device, within any park, or discharge any firearms, fireworks, explosive substances, or air or gas guns onto or over such park, or bring into such park any pistol, switchblade or hunting knife, dagger, metal knuckles, slingshot or other dangerous weapon.

Section 2. This ordinance shall prospective (sic) in application and take effective on the earliest date provided by law.


I was a little disturbed by the "other persons authorized under Ohio law" language, and feared some city official might still use it as an excuse to limit carry in parks to CHL licensees. After two inquiries, the city attorney finally conceded the language would include those persons permitted under Ohio law to Open Carry.

So, OFCC's victory in Clyde is directly responsible for at least one change. The measure will hopefully be law within 60 days.

I also asked him if Pickerington PD had received the recent mailing from OFCC regarding the legality of Open Carry. I never received a direct answer to that question, but he did state that the department conducted "roll call" training on the subject, so I suspect the answer is yes.
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blah
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Re: Pickerington Park Ordinances - success

Post by blah »

Great work! I love a happy ending :D
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Re: Pickerington Park Ordinances - success

Post by Chuck »

I salute you docachna!
Ain't activism fun?

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docachna
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Re: Pickerington Park Ordinances - success

Post by docachna »

Corrective bill was passed by City Council May 17. I believe it is effective 30 days from passage.

Park restrictions in Picktown will then be history.
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Re: Pickerington Park Ordinances - success

Post by pleasantguywhopacks »

docachna wrote:Corrective bill was passed by City Council May 17. I believe it is effective 30 days from passage.

Park restrictions in Picktown will then be history.
Well actually they are history now. Unenforceable and the council votes are superfluous.
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Re: Pickerington Park Ordinances - success

Post by Jake »

pleasantguywhopacks wrote:
docachna wrote:Corrective bill was passed by City Council May 17. I believe it is effective 30 days from passage.

Park restrictions in Picktown will then be history.
Well actually they are history now. Unenforceable and the council votes are superfluous.
Yup!
Sounds like a lot of hoopla for something that is all ready a law on the books.

I guess if it makes the City Fathers happy.... :?
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docachna
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Re: Pickerington Park Ordinances - success

Post by docachna »

Jake wrote:
pleasantguywhopacks wrote:
Well actually they are history now. Unenforceable and the council votes are superfluous.
Yup!
Sounds like a lot of hoopla for something that is all ready a law on the books.

I guess if it makes the City Fathers happy.... :?
I guess I'd rather have an invalid ordinance removed from the books, instead of have an uninformed LEO make a wrongful arrest based on that invalid ordinance. Sure, the wrongfully arrested person has civil recourse and all that, but it just seems more efficient to simply get it off the books and eliminate the uncertainty from the git-go.
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Re: Pickerington Park Ordinances - success

Post by Jake »

I hear ya.
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Re: Pickerington Park Ordinances - success

Post by blah »

docachna wrote:
Jake wrote:
pleasantguywhopacks wrote:
Well actually they are history now. Unenforceable and the council votes are superfluous.
Yup!
Sounds like a lot of hoopla for something that is all ready a law on the books.

I guess if it makes the City Fathers happy.... :?
I guess I'd rather have an invalid ordinance removed from the books, instead of have an uninformed LEO make a wrongful arrest based on that invalid ordinance. Sure, the wrongfully arrested person has civil recourse and all that, but it just seems more efficient to simply get it off the books and eliminate the uncertainty from the git-go.
That and it keeps them from having to hear from people like us :lol:
~ Glen

What part of "shall not be infringed" is so difficult to understand?
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JoeM
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Re: Pickerington Park Ordinances - success

Post by JoeM »

They still have yet to change the wording on their parks & rec website:
Park Rules
1. Damaging or removing park property, natural features and wildlife is prohibited.
2. No littering or dumping.
3. Possession or discharging of firearms or other dangerous weapons is prohibited.
4. Loud and disruptive behavior is prohibited.
etc...
http://www.ci.pickerington.oh.us/Pages/ ... ity_Parks/
docachna
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Re: Pickerington Park Ordinances - success

Post by docachna »

JoeM wrote:They still have yet to change the wording on their parks & rec website:
Park Rules
1. Damaging or removing park property, natural features and wildlife is prohibited.
2. No littering or dumping.
3. Possession or discharging of firearms or other dangerous weapons is prohibited.
4. Loud and disruptive behavior is prohibited.
etc...
http://www.ci.pickerington.oh.us/Pages/ ... ity_Parks/
Well, since I not only no longer live in Picktown, but even in Ohio, perhaps you can take the point and call their Parks & Rec Dept ?

Good luck. Picktown is not always what I'd call "user-friendly".
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JoeM
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Re: Pickerington Park Ordinances - success

Post by JoeM »

We are actually moving out of this area soon, but I'm going to contact the parks & rec folks regardless. I can't find any references to the revised city ordinances, though. The latest version that I can find still has the old wording.

Edit: Email sent to Rebecca Medinger - Parks and Recreation Director and CC'd to Stephen Paullin - Recreation Coordinator. We'll see what happens.
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Re: Pickerington Park Ordinances - success

Post by JoeM »

Reponse received:
Joe,

We sincerely appreciate your feedback regarding our park rules. I immediately brought this to the attention of Pickerington’s Law Director who agreed that we should initiate the necessary actions so that our City adheres to, and our website accurately communicates, Ohio Law.

If you have any questions, please let me know.

Thanks,
Rebecca Medinger
EDIT: Their website has already been updated - no reference at all to firearms.
Park Rules
1. Damaging or removing park property, natural features and wildlife is prohibited.
2. No littering or dumping.
3. Loud and disruptive behavior is prohibited.
4. Advertising or commercial enterprise requires permission from the City Manager.
5. No camping without a written permit from the City Manager.
6. No fires except in designated areas. No wood provided.
7. Hunting and trapping is prohibited.
8. The only pets allowed in parks are domestic dogs and cats which must be controlled at all times and secured to a leash no longer than 6 feet. Pet owners must clean up after their pets and carry a device for this purpose.
9. No boating, swimming or wading.
10. No motorized vehicles except in designated areas.
11. Alcoholic beverages are prohibited.
12. Violation of any park rule may lead to ejection from the park or prosecution under the laws of the City of Pickerington.
13. Park open from dawn to dusk.
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Re: Pickerington Park Ordinances - success

Post by TunnelRat »

Nice work. Thanks! :D
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