HomeMy WebLinkAbout9G -Firearms Moratorium REMOVED
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 3, 2002
AGENDA #: 9G
PREPARED BY: WILLIAM J, O'ROURKE, CHIEF OF POLICE
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE
ESTABLISHING A 12 MONTH MORATORIUM ON THE
DISCHARGE AND USE OF FIREARMS WITHIN THE
CITY OF PRIOR LAKE,
DISCUSSION: History: The city staff continues to review City Ordinances to
determine those sections which require revision. Section 804 of
the City Code regulates the use of firearms in Prior Lake. We have
received a request from a resident for permits to conduct a special
hunt and to conduct target practice on the individual's property.
The weapons proposed for use are an M -1 Garrand and an AR -15.
Both firearms are weapons of war with considerable range. While
the subject property is forty acres in size, it is adjacent to the
rapidly urbanizing Wilds subdivision.
Current Circumstances: We have not issued either of the requested
permits on the basis that we are concerned about the safety of this
activity with those weapons in an urbanizing area of the
community. The request raises the question of whether additional
restrictions or prohibitions should be placed upon firearm activities
in the community.
Conclusion: State Statute 462.355 subdivision 4 allows cities to
regulate, restrict or prohibit any use of property in order to study
and consider amendments to the Comprehensive Plan or official
controls (Ordinances). In order to protect the planning process and
the health, safety, and welfare of the city residents, adoption of the
attached moratorium ordinance is recommended for adoption. The
ordinance would provide 12 months for the staff to study the issue
and report to the Council with recommendations at the conclusion
of that period.
ISSUES:
There are occasions where firearms may be. required to eliminate
vermin or nuisances. The moratorium does allow for hunting to
continue on properties of 40 acres or more, at least 1000 feet from
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AN EQUAL OPPORTUNITY EMPLOYER
any building. Hunts under such conditions may use only bow and
arrow, BB guns, and shotguns using pellets or slugs. Guest hunters
must be accompanied by the landowner. Special hunts may also
take place in accordance with the criteria already set forth in the
ordinance.
The firearms ordinance does need to be reviewed in light of our
accelerated urbanization and the fact that there appear to be
inconsistencies between the zoning ordinance and City Code on
this subject. The adoption of the attached moratorium allows the
staff to prepare more appropriate ordinance modifications for
Council consideration. In the meantime, residents may still
conduct special hunts to eliminate nuisances and to hunt game or
fowl in accordance with the laws of the State of Minnesota, subject
to regulations contained in the moratorium.
ALTERNATIVES: (1) Adopt the interim ordinance as recommended.
(2) Adopt the interim ordinance with modification.
(3) Take no action and direct further research.
RECOMMENDED
MOTION:
Alternative (1). Motion and Second to adopt a firearms
moratorium ordinance.
REVIEWED BY:
ORDINANCE No. 02._
AN INTERIM ORDINANCE ESTABLISHING A 12 MONTH MORATORIUM
ON THE DISCHARGE OF AND USE OF FIREARMS WITHIN THE CITY OF PRIOR LAKE
WHEREAS, pursuant to Minnesota Statute Section 462.355, subdivision 4, the City of Prior Lake (the "City") is
permitted to "regulate, restrict or prohibit any use" of property in order for the City to study and
consider amendments to its Comprehensive Plan or official controls;
WHEREAS, the purpose of this interim ordinance is to protect the planning process and the health, safety and
welfare of City residents;
WHEREAS, Scott County, Minnesota is the thirteenth fastest growing county in the United States;
WHERAS, the City is experiencing significant residential development;
WHEREAS, the discharge of firearms constitutes a use of property that should be regulated pursuant to
appropriate use districts and restrictions; and
WHEREAS, the City's Ordinances and Comprehensive Plan concerning the discharge and use of firearms
require reconsideration and study in light of the growing population and rapid development and
platting of land within the City.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA
THAT:
1. There is hereby established a 12 month moratorium on the discharge and use of firearms within the City.
2. The City Staff is directed to undertake a study to determine whether amendments to the City's
Comprehensive Plan or official controls are required to develop reasonable regulations regarding where
and under what circumstances the discharge of firearms should be permitted. City Staff should consider
the protection of public health, safety and welfare within the City.
3. The City Staff shall consult with the City Attorney regarding any Constitutional limitations on restricting the
use of firearms.
4. The City Staff shall prepare a report and recommendations to the City Council by June 1, 2003.
5. The following activities relating to the discharge of firearms are exempt from this moratorium:
a. Hunting of game or fowl in accordance with the laws of the State of Minnesota with the following
limitations:
The property upon which the discharge will occur shall be at least forty (40) contiguous acres.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A shotgun loaded with pellets shall not be discharged within one thousand (1,000) feet of a
building or roadway.
A shotgun loaded with slugs shall not be discharged within fifteen hundred (1,500) feet of a
building or roadway.
The discharge of firearms or dangerous weapons shall be limited to bow and arrows, BB
guns, shotgun shells and shotgun slugs.
b. Special hunts as defined and authorized in City Code Section 804.304.
6. Those provisions of Prior Lake City Code Section 804 which are not inconsistent with this interim
ordinance shall remain in full force and effect.
7. This interim ordinance may be extended for such additional periods as the City Council may deem
appropriate, not exceeding a total additional period of 18 months.
8. This ordinance shall take effect upon publication
Adopted this 3rd day of June, 2002.
Attest:
Jack G. Haugen, Mayor
Frank Boyles, City Manager