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Conkle's Hollow

Posted: Sat Jul 30, 2016 1:51 pm
by MyWifeSaidYes
Okay. I stopped and verified the posted rules at Conkle's Hollow Nature Preserve.

The OAC governing nature preserves and natural areas is 1501:17-3-05.
1501:17-3-05 Firearms and fireworks prohibited; exceptions.
(A) No person unless authorized by law shall possess or use firearms of any description, air pistol or rifle, slingshot, paint-ball gun or missile-throwing device within any nature preserve or natural area.

(B) No person shall possess or use fireworks or any type of explosive as defined by the Ohio Revised Code on any nature preserve or natural area.

Five Year Review (FYR) Dates: 11/06/2015 and 11/06/2020
Promulgated Under: 119.03
Statutory Authority: 1517.02
Rule Amplifies: 1517.021
Prior Effective Dates: 7/11/77, 7/25/95, 10/1/07 , 9/20/10
The statutory authority (1517.02) says the Director can make "rules".

R.C. 9.68 preempts "rules", so, IMHO, this OAC section is invalid.

But it remains on the books, so I'm certain that ODNR will not change their posted rules.

Should we add this to our lame duck session wish list?

Re: Conkle's Hollow

Posted: Sat Jul 30, 2016 1:55 pm
by Brian D.
Sounds like a ducky idea to me.

Re: Conkle's Hollow

Posted: Sat Jul 30, 2016 1:59 pm
by TJW815
I had forgotten all about that. Been almost a year ago that.

Re: Conkle's Hollow

Posted: Sat Jul 30, 2016 4:37 pm
by MyWifeSaidYes
TJW815 wrote:I had forgotten all about that. Been almost a year ago that.
Yep. Someone brought it up on a Farcebook group.