Title
Ordinance amending the Pittsburgh Code of Ordinances, Title Four: Public Places and Property; Article XI: Parks and Playgrounds; Chapter 473: Use Regulations; Section 473.01: Park Property; and Title Six: Conduct; Article XI: Weapons; Chapter 695: General Weapons Provisions; Section 695.04: Use of Weapons by Discharge by adding exceptions to allow for the implementation of a deer management program.
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WHEREAS, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service ("U.S.D.A."), through observation and public comment of the effects of overpopulation of white-tailed deer within city parks, has recommended the implementation of a comprehensive deer management program; and
WHEREAS, Pennsylvania deer management objectives suggest sawtimber age stands of forest can support up to 20 deer per square mile; and
WHEREAS, overpopulation of white-tailed deer significantly increases instances of deer/vehicle collisions; and
WHEREAS, overpopulation of white-tailed deer significantly increases human health and safety risks (e.g. Lyme disease); and
WHEREAS, overpopulation of white-tailed deer is largely responsible for the lack of plant species diversity and forest regeneration in the City’s parks and
WHEREAS, white-tailed deer populations in the City’s parks have risen to levels that threaten the safety of residents and the ecological integrity of the parks; and
WHEREAS, a wildlife damage management project is necessary to ensure that the health of the white-tailed deer herd is maintained so that the ecosystems of City parks are not irreparably damaged or destroyed, to maintain the safety, and to prevent major property damage;
Be it enacted by the Council of the City of Pittsburgh as follows:
Section 1. The Pittsburgh Code of Ordinances at Title Four: Public Places and Property; Article XI: Parks and Playgrounds; Chapter 473: Use Regulations; Section 473.01: Park Property is hereby amended as follows:
§ 473.01 - PARK PROPERTY
c. Wild animals and birds.
Hunting. No person in a park shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird; nor collect, remove, have in his or her possession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen alive or dead of any of the group of tree snails. This section is subject to the following exceptions, under which a person shall not be considered in violation of this Ordinance:
1. Exception: persons may take such actions prohibited in this section with respect only to snakes known to be poisonous; and
2. Exception: persons may take such actions prohibited in this section only to the extent that they are authorized participants in an official City Deer Management Program under which:
(a) the Director of the Department of Public Safety has, upon review USDA recommendations indicating current deer overpopulation in one or more City parks, granted permission to persons or to qualified groups of persons
(b) to discharge a bow and arrow,
(c) in conjunction with a Pennsylvania Game Commission- approved Deer Management Program, and
(d) subject, among other applicable strictures, to Pennsylvania Game Commission and/or United States Department of Agriculture regulations. The Director of Public Safety is further authorized to set conditions on any Deer Management Program as deemed desirable to protect the public’s health, safety and general welfare.
3. Feeding. No person in a park shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substances.
Section 2. The Pittsburgh Code of Ordinances at Title Six: Conduct; Article XI: Weapons; Chapter 695: General Weapons Provisions; Section 695.04: Use of Weapons by Discharge is hereby amended as follows:
§ 695.04 - USE OF WEAPONS BY DISCHARGE
A. No person shall use a weapon to discharge ammunition or arrows in any public place within the City of Pittsburgh, except in the following circumstances:
1. Firearms, except:
a. When under appropriate supervision at duly-established target ranges; or
b. When in circumstances permitted by the Crimes Code Act of December 6, 1972, P.L. 334, as amended (18 Pa. C.S. Sec. 101 et seq.);
2. Air guns, except:
a. When under appropriate supervision at duly-established target ranges; or
b. Where the firing or discharge and missile flight are wholly confined to the user's own property, or the property of another from whom express consent has been granted;
3. Bows, including those listed in "Section 695.01(D)(1) through § 695.01(D)(4)," except:
a. When under appropriate supervision at duly-established target ranges; or
b. Where the firing or discharge and arrow or projectile flight are wholly confined to the user's own property, or the property of another from whom express consent has been granted.; or
c. When participating in a Deer Management Program as described under Pittsburgh City Code Section 473.01(c) (2). This includes United States Department of Agriculture, Wildlife Services employees working under an official contract.