HomeMy WebLinkAbout9C - Firearms Ordinance
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
July 15, 2002 ~
9C
Frank Boyles, City Manager
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION
804 OF THE PRIOR LAKE CITY CODE REGULATING THE
DISCHARGE OF FIREARMS.
History: 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.
As a result of these requests, the staff reviewed Section 804 of the
ordinance. Subsequently, we placed an item on the June 3rd agenda
recommending a moratorium on the discharge of firearms in the
community. The staff recommended removal of this item form the June 3rd
agenda to provide additional time to consider the associated issues.
Current Circumstances: City Attorney Pace and Police Chief Bill
O'Rourke have reviewed the provisions of the current City Code. They
have also collected ordinance provisions from other developing
communities.
Conclusion: The Council should review the attached ordinance and
decide whether it should be adopted.
The existing firearm ordinance is inconsistent with the zoning ordinance in
at least one way. The ordinance provides that rifle ranges may be located
in the agricultural zone. The zoning ordinance does not permit any such
land use in the agricultural zone.
The existing ordinance was adopted when Prior Lake was more rural in
character. It is therefore more generous regarding firearm usage. For
example:
16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
1. Hunting and target practice was allowed as long as it was done in
conformance with State statute and with the permission of the
landowner.
2. Special hunts were allowed.
3. Firing ranges as a land use were allowed.
4. Hunting on Prior Lake and Pike lake were prohibited, but allowed
on all other water bodies.
A copy of the existing City ordinance is attached for comparison purposes.
We did not complete a copy of the ordinance in legislative format because
the changes, reorganizing and renumbering would have made the
document more confusing.
The proposed ordinance is more restrictive regarding firearm usage.
Hunting, target shooting and rifle ranges are prohibited. Special hunts may
be conducted to eliminate a nuisance or an over-abundance of non-
domestic animals, but subject to safeguards and only with the permission
of the City Council. The ordinance does not allow military armament or
weapons with longer ranges to be used. Special hunt firearms are limited
to shotguns loaded with slugs or shot. The City Council may condition
special hunts additionally to protect the public health, safety and welfare.
The revised ordinance better corresponds with a more urbanized Prior
Lake. Those who have hunted in the community under the old ordinance
will be displeased, but they will have alternate areas to hunt in nearby
townships. Existing and new residents are likely to greet the ordinance
favorably. We typically receive telephone calls from new residents every
hunting season. They are surprised when we tell them that hunting is
allowed.
(1) Adopt the ordinance as recommended.
(2) Adopt the ordinance with modification.
(3) Take no action and direct further research.
As the Council deems appropriate.
CITY OF PRIOR LAKE ,"
ORDINANCE NO. 02.~ L--
AN ORDINANCE AMENDING SECTION 804 OF THE
PRIOR LAKE CITY CODE REGULATING THE DISCHARGE OF FIREARMS
The City Council of the City Council Prior Lake does hereby ordain that:
1. Section 804 of the Prior Lake City Code is hereby amended in its entirety as set forth below:
804.100: DECLARATION OF POLICY: It is hereby found and declared that inasmuch as the City of Prior Lake is a
developing community wherein the land uses are becoming more intense thus reducing the amount of open
land available for the discharge of firearms and dangerous weapons, and that discharge of firearms in such a
community is inconsistent with promoting and protecting the health, safety and welfare of persons and
property within the City, that it is necessary to limit the discharge of firearms and dangerous weapons, expect
for special hunts as authorized in this Section.
804.200::
DEFINITIONS: The following terms shall have the following meanings for the purposes of this ordinance:
Dangerous Weapon means any firearm, whether loaded or unloaded, or any device designed as a weapon
and capable of producing great bodily harm or death, or any other device which, in the manner in which it is
used or intended to be used, is calculated or likely to produce great bodily harm or death.
Discharge of Firearms means any shooting whether it be for hunting game, target practice or otherwise.
Shotgun Shotshell means a shell fired in a shotgun containing multiple shot.
Shotgun Slug mean a shell fired in a shotgun containing one slug, ball or other single projectile.
804.300
REGULATIONS ADOPTED: The City hereby adopts Minnesota Statutes Section 624.714 concerning carrying of
weapons without a permit. The City further adopts Minnesota Statutes Section 97 A pertaining to game and
fish in the City and Minnesota Statutes Section 978 pertaining to hunting.
804.400
DISCHARGE OF FIREARMS: Except as hereinafter provided in this Section, no person shall fire or discharge any
gun, pistol or firearm of any description within the corporate limits of the City' provided, however, that nothing
in this Section shall be construed to prohibit the possession of a firearm within the home or the discharge of
the same when done in lawful defense of personal property or family,
No person shall at any time handle or discharge a firearm in a careless, reckless or unlawful manner or in any
way create a nuisance or endanger the life, property or safety of any other person.
804.500
SPECIAL HUNTS: The discharge of a firearm in the City will be permitted by a person participating in a special
hunt, which is in compliance with State law and regulations and established by the Prior Lake City Council
upon the recommendation of the Department of Natural Resources, for the purpose of reducing animal
16200 Eagle Creek Ave, S,E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
804,501
804.502
804.503
804.600
populations that create potential health, safety or general welfare problems in the City, The Prior Lake City
Council, on its own resolution, may authorize a special hunt, or a property owner may make application to the
City Council to authorize a special hunt on such property owner's land.
Applications: Each application from a property owner requesting a special hunt season shall specify the full
name, residence address and telephone number of the applicant, a description of the property where the
special hunt would be held and evidence of ownership, the type of animal or bird to be hunted and the
reasons a special hunt is being requested, Firearms for any hunt are limited to shotguns loaded with shotgun
shotshell or shotgun slug, No person shall make a false statement in any application.
Fees: Each application shall be accompanied by payment of a fee as determined by the City Council.
Authority: The City Council, in its discretion, may thereafter authorize a special hunt pursuant to such an
application when, based upon competent professional advise from an area wildlife manager with the
Department of Natural Resources, a special hunt is needed to reduce an animal population that creates
potential health, safety and general welfare problems in the City.
PENALTY: Any person who violates provisions of this Section shall be deemed guilty of a misdemeanor and
shall be punishable by a fine or imprisonment in the County consistent with the provisions set out in
Minnesota Statutes for misdemeanor violations.
This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake on July 15, 2002.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on ~..
SUBSECTIONS
804.100:
804.200:
804.300:
804.400:
804.500:
804.600:
804.700:
804.100:
804.200:
804.300:
804.301
804.302
E.. 1-"\ ~~\~
Police Regulations
SECTION 804
FIREARMS
REGULATIONS ADOPTED
DISCHARGE OF FIREARMS
USE OF FIREARMS
MINORS
RIFLE RANGES
HUNTING ON LAKES
PENAL TV
REGULATIONS ADOPTED: The City herewith adopts Minnesota Statutes, section
624.714 concerning carrying of weapons without a permit. The City further adopts
Minnesota Statutes, section 97 A, pertaining to game and fish in the City and
Minnesota Statutes, section 978, pertaining to hunting.
Discharge of Firearms: Except as hereinafter provided in this Section, not
person shall fire or discharge any gun, pistol or firearm of any description within the
corporate limits of the City; provided, however, that nothing in this Section shall be
construed to progibit the possession of a firearm within the home or the discharge
of the same when done in lawful defense of personal property or family.
No person shall at any time handle or discharge firearm in a careless, reckless or
unlawful manner, or in any way create a nuisance or endanger the life, property or
safety of any other person.
USE OF FIREARMS:
Hunting Game Or Fowl: The owner, tenant or person having possession or
control of land, or a member of the household of the same, or an authorized guest
of said person who has written consent of said landowner or person having
possession may upon such land discharge a shotgun in the hunting of game or
fowl in accordance with the laws of the State of Minnesota, but in no event shall
said person discharge a shotgun where the projectile or pellets will leave the
premises upon which he is authorized to hunt onto some other premises.
Target Practice: Rifle And Shotgun: The owner, tenant or person having
possession or control of land, or a member of the household of the same, or an
authorized guest who has written consent of the landowner or possessor, tenant or
person in control of the land may discharge a firearm for purposes of target
City of Prior Lake
804/p 1
s y... \ ':0 \- "':3
Police Regulations
practice either with a shotgun or a rifle but only after having obtained permission
and a permit from the Chief of Police. Said permit shall be issued for a one year
period of time and shall be revocable by the Chief of Police at any time for cause
shown. The fee for obtaining said permit from the Chief of Police shall be
determined annually by the City Council.
804.303 Platted Portions Of The City: Except as provided in subsection 804.304, the
discharge of a firearm in any platted portion of the City, shall be prohibited for
purposes of hunting or target practice.
804.304 Special Hunts:
(1) The discharge of a firearm in a platted portion of the City will be permitted by a
person participating in a special hunt during regular seasons, which is in
compliance with State law and regulations and established by the Prior Lake City
Council upon the recommendation of the Department of Natural Resources, for the
purpose of reducing animal populations that create potential health, safety or
general welfare problems in the City.
(2) The Prior Lake City Council, on. its own resolution, may authorize a special hunt in
compliance with subsection .1104.304(1), or a property owner may make
application to the Prior Lake City Council to authorize a special hunting season on
such property owner's land. Each application from a property owner requesting a
special hunting season shall specify the full name, residence address and
telephone number of the applicant, a description of the platted portion of the City
where the special hunt would be held and evidence of ownership, the type of
animal or bird to be hunted and the reason(s) a special hunt is being requested.
Each application shall be accompanied by payment of a fee as determined by the
City Council. The City Council, in its discretion, may thereafter authorize a special
hunt pursuant to such an application when, based upon competent professional
advice from an area wildlife manager with the Department of Natural Resources, a
season is needed to reduce an animal population that creates potential health,
safety and general welfare problems in the City. No person shall make a false
statement in any application.
804.400: MINORS: No minor under the age of fourteen (14) years shall handle or have in
his possession or control, except while accompanied by an adult, either parent or
guardian, any firearm, including an airgun or pistol of any kind, for hunting or target
practice or any other purpose. No person shall furnish a minor under the age of
fourteen (14) years with a firearm, airgun, ammunition or explosive without the
consent of the minor's parent or guardian or the Police Department.
804.500: RIFLE RANGES: The terms of this Section shall not prohibit the discharge or
possession of firearms upon a firing range, either indoor or outdoor, provided that
City of Prior Lake
804/p2
804.600:
804.700:
c.)L,~\-~
Police Regulations
range is properly licensed or supervised.
HUNTING ON LAKES: It shall be unlawful for any person to hunt water fowl or
possess or discharge a firearm on the lakes of Prior Lake or Pike Lake for any
purpose.
PENAL TV: Any person who violates provisions of this Section shall be deemed
guilty of a misdemeanor and shall be punishable by a fine of not to exceed seven
hundred dollars ($700.00) or imprisonment in the County jail not to exceed ninety
(90) days, or both, for each offense.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
804/p3
q ~..I
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