Beavercreek Park Regulations

[ohiophotog]

It appears to me that the Beavercreek Park Rules prohibit possession of any firearms. According to their website their Codified Ordinances may be found here.

http://www.amlegal.com/nxt/gateway.dll/Ohio/beavercreek_oh/cityofbeavercreekohiocodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:beavercreek_oh

Looking under
+Title IX
+Chapter 95 : Parks and Recreations,
+General Provisions,
+95.02 Parks, Recreation and Culture Master Plan,
about 40% of the way down the page is 95.18 Personal Conduct.

(J) No person in a park except a police officer shall have in their possession any firearm, switchblade, hunting knife, dagger, metal knuckles, slingshot, or other dangerous weapons.

I am willing to help if you like or you guys could take the lead, which ever you think would be best.

[ohiophotog]

PM sent to Charben

[ohiophotog]

Odd. I read a little further ( I know I should have before posting but that in it's self appears to be in violation anyway) and under 95.21 Weapons in Parks it says absolutely nothing about firearms but 95.18 Personal Conduct (J) defiantly does.

Looks like they may have tried to come into compliance but missed one.

I can go to some parks this weekend and see if I can find any postings or info to corroborate this, but the last times I was in some of them I never seen anything.

[ohiophotog]

Just to keep this thread up to date I sent an email to address this.

from [Redacted]@gmail.com
to parks@ci.beavercreek.oh.us
date Fri, Oct 7, 2011 at 8:17 PM
subject Park Ordinance 95.18 ( J )
mailed-by gmail.com

hide details Oct 7 (2 days ago)


To Whom it May Concern,
Hello, I am writing this email to inquire about the Beavercreek park ordinance 95.18. Specifically subsection J that states,

"No person in a park except a police officer shall have in their possession any firearm, switchblade, hunting knife, dagger, metal knuckles, slingshot, or other dangerous weapons."

My concern with this is that it appears to be in violation with Ohio law, specifically ORC 9.68.

" 9.68 Right to bear arms - challenge to law.

(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition."

I would like to know if this ordinance (95.18 (j)) is still on the books as quoted above and if so if there is any intention to remove or modify it to be in compliance with state law.

Thank you for your time and quick response,

Sincerely,

[Redacted]

I did visit another park today this one was Shoup Park off of Dayton-Xenia Rd. across from the big new Kroger Marketplace and the only sign was one citing an ordinance to keep dogs on a leash and to pick up after them. So maybe this was just overlooked.

Also if anyone has any criticisms about my email let me know so the next one can be worded better.

[ohiophotog]

I received a reply to my email to the park district. The reply came from the park director himself.

Mr. ******,

I will look into the existing language in 95.18 (J) a little further. I will work with legal council to make a determination if this section needs to be changed to match the recently changed language in 95.21 (attached).

Sincerely,


Superintendent

Parks, Recreation and Culture

City of Beavercreek

789 Orchard Lane

Beavercreek, Ohio 45434





http://www.ci.beavercreek.oh.us

He then attached a copy of the paperwork that was signed and submitted in late 2010 to remove firearms from 95.21, which I would post if I can figure out how. So I looks like it may have in fact been overlooked.

[ohiophotog]

I was getting ready to leave for the Beavercreek fireworks at Rotary Park and I decided to check their firearm ordinances again.

I pull up the website and see that 95.18 (j) is still there unchanged, and 95.21 is back to its old self and still prohibiting firearms.

I do still have a copy of the PDF showing the council passing legislation to amend 95.21 to be in compliance of 9.68.

I guess I will have to send off another email to see what's going on with the website and if 95.18(j) was ever removed.


ETA: ok I screwed this up slightly. What I did different this time is that I googled "Beavercreek Ohio Park Rules" and found this link http://ci.beavercreek.oh.us/old/ordinances/title-ix-chapter%2095.htm. What I failed to realize is that is the OLD city website and evidently has not need updated for a while. But it is still there and evidently very easily found and thus needs to be removed.

By googling for the Beavercreek City website you get this. http://ci.beavercreek.oh.us/ at the bottom of the page there is a link called City Ordinances. That gives you a page with a link to American Legal which is what I posted in the OP. That site reflects 95.21 being updated and in compliance but 95.15(j) is still NOT in compliance.

Another email is still warranted.