HomeMy WebLinkAbout10B Amend Ord 804 re Special Hunts O� P ��+P
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Prior Lake, MN 55372
� CITY COUNCIL AGENDA REPORT
MEETING DATE: January 27, 2014
AGENDA #: 10B
PREPARED BY: Frank Boyles, City Manager
PRESENTED BY: Frank Boyles, City Manager and Bill O'Rourke, Police Chief
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 804
OF THE PRIOR LAKE CITY CODE RELATING TO FIREARMS AND
SPECIAL HUNTS
DISCUSSION: I ntroduction
The purpose of this agenda item is to determine if the City Council desires
to modify the current ordinance provisions relating to special hunts.
Histo
Last year the City Council considered requests for special hunts to reduce
nuisance populations. The City Council approved one request and denied
the other. Following the action on the special hunt requests, the City
Council directed that the staff modify the ordinance to incorporate wildlife
management principals as well as public safety considerations for the
approval or denial of such permits.
Current Circumstances
Representatives of the offices of public works, police, natural resources,
administration and city attorney have worked together to prepare the
attached ordinance amendment. The amendment contemplates the
following revisions:
804.100 — Policy. Aside from special hunt permits, the discharge of
dangerous weapons are prohibited as opposed to limited as set forth in the
previous ordinance.
804.400 — Discharge of a Dangerous Weapon. The heading is revised
from the previous ordinance which cited firearms, not dangerous weapons,
but the provisions of the section are the same.
804.500 — Special Hunts. The new provisions substitute dangerous
weapon for firearm, but the provisions of the section are the same except
that the special hunt does not require DNR recommendation.
804.501 — Application information for a special hunt is expanded. For
example, the applicant must now provide a plan. "The plan to be used for
the special hunt, including a property map showing the special hunt
zone(s), proposed number of special hunt participants, proposed hunting
hours, and any Minnesota Department of Natural Resource requirements
specific to the special hunt."
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
This section goes on to say that if the purpose of the special hunt is to
reduce certain animal populations, the application must include a DNR
recommendation, description of other avoidance measures (barrier fencing,
bird scare tape and hazing) which have and will be taken. Finally,
evidence must be provided that the animal being hunted is creating a
health, safety or welfare issue.
804.502 — Criteria for approving special hunts is added to provide the City
Council the opportunity to consider safety, impact upon adjoining property
and persons, effectiveness of avoidance measures, and completeness of
application and recommendations of the DNR in determining whether it will
approve or deny a request or suspend an existing permit.
804.503 - Is added to confirm that compliance is required to Minnesota
Statutes and Rules, City codes and policies and the gauges of shotgun
permitted for special hunt use.
804.505 — Denial, Suspension and Revocation — is an added section which
sets forth the reasons such actions may be taken by the City Council.
Conclusion
The City Council should determine if the ordinance as modified is
appropriate for adoption.
ISSUES: Annually, the Three Rivers Park District/Scott County conducts a special
hunt in Spring Lake Park which is located_ wholly within the City. Three
Rivers does secure a special hunt permit because the Park is within the
City of Prior Lake, and the City owns 40 acres of the Park. In short, the
request is a courtesy and a means of communicating with the public.
The City does conduct archery classes and has an archery station at the
Ponds Park. Both actions are allowed under the new ordinance just as
they were in the previous ordinance. '
Target shooting with a firearm, under the new ordinance, would be
prohibited in Prior Lake just as it was under the previous ordinance.
FINANCIAL Additional time will be required both by the applicant to fill out the special
IMPACT: hunt permit and by city staff to evaluate the request, possibly inspect the
site and gather germane information an prepare a city council agenda
report, attend the council meeting and if necessary visit the site for
enforcement purposes as needed. The special hunt permit fee is $ 25
which would not begin to cover the actual cost.
ALTERNATIVES: 1. Adopt an ordinance amending Section 804 or the Prior Lake City Code
as proposed or with amendments.
2. Take no action and direct the staff as appropriate.
RECOMMENDED
MOTION: Alternative 1
C. v`�r �r � � `T �j Y �-\ \ �.�1
Police Regulations �
SECTION 804 �
FIREARMS - �
• SUBSECTIONS
804.100: DECLARATION OF POLICY
804.200: DEFINITIONS - .
� 804.300: REGULATIONS ADOPTED _
804.400: DISCHARGE OF FIREARMS �
804.500: SPECIAL HUNTS
804.600: PENALTY _
(AMD. IN FULL BY ORD. 02-12, PUB. 7/20/02�
804.100:. DECLARATION OF POLICY: it is hereby found_ and declared that inasmuch as the
� City of Prior Lake is a developing communitjr wherein the land uses are becoming
- more intense thus reducing the amount of open tand 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 tfie City, that it is necessary to limit the
discharge. of firearms and dangerous weapons, except 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. �
Shofgun Shotshell means a sfiell fired in a shofgun containing multiple shot.
Shotgun Slug means a shell fired in a shotgun containing one slug, ball or other
single projectile.
$04.300: REGULATIONS ADOPTED: The City hereby adopts Minnesota Statutes Section
624.714 concerning carrying vf weapons without a permit. The City further adopts
Minnesota Statutes Section 97A pertaining to game and fish in the City and
Minnesota Statutes Section 97B pertaining to hunting.
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City of Prior Lake
� 804/p 1
Police Regulations
804.400: DISCHARGE OF FIREARMS: Except as hereinafter provided in this Section, no I
person shall fire or discharge any gun, pistol or firearm of any description within the
corporate limits of the City provided, however„ that notl�ing in the Section shall be
construed to prohibit the possession of a firearm withh 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 .lif� 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
regulatiQns 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 potent'ial 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.
804.501 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 b 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.
804.502 Fees: Each application shall be accompanied by payment of a fee as determined __.
by the City Council.
804.600: 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.
�(amd. in full by Ord. 02-12, pub. 7/20/02)
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake �
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Prior Lake, MN 55372
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CITY OF PRIOR LAKE
ORDINANCE NO.
AN ORDINANCE AMENDING PART 8 OF THE PRIOR LAKE CITY CODE BY
REPLACING SECTION 804 RELATING TO FIREARMS IN ITS ENTIRETY.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. City Code Section 804 is hereby renamed "Dangerous Weapons".
2. City Code Section 804 is hereby deleted in its entirety and replaced with the
following:
804.100: DECLARATION OF POLICY: It is hereby found and declared that 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 dangerous
weapons, and that discharge of dangerous weapons in such a community is
inconsistent with promoting and protecting the health, safety and welfare of persons
and property within the City, therefore it is necessary to prohibit the discharge of
dangerous weapons, except 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 a Dangerous Weapon means any firing or shooting of a Dangerous
Weapon whether it be for hunting game, target practice or otherwise.
Shotgun Shotshell means a shell fired in a shotgun containing multiple shot.
Shotgun Slug means 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 97A pertaining to game and fish and Minnesota Statutes
Section 97B pertaining to hunting.
804.400: DISCHARGE OF A DANGEROUS WEAPON: Except as provided in this Section, no
person shall Discharge a Dangerous Weapon within the corporate limits of the City
provided, however, that nothing in the Section shall be construed to prohibit the
possession of a Dangerous Weapon 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 Dangerous Weapon 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.
804.401 Exception: The use of bow and arrow at the permanent archery range located in
Ponds Park and during archery programs conducted by the Parks and Recreation
Department are not subject to the prohibition of discharging a Dangerous Weapon
within the corporate limits of the City.
804.500: SPECIAL HUNTS: The Discharge of a Dangerous Weapon in the City will be
permitted by a person participating in a special hunt, which is in compliance with State
law and with a permit issued by the Prior Lake City Council. The Prior Lake City
Council, on its own resolution, may issue a special hunt permit, or a property owner
may make application to the City Council to request a special hunt permit on the
property owner's land.
804.501 Applications: Each application from a property owner requesting a special hunt
permit shall include the following information:
(1) The full name, residential address and telephone number of the applicant;
(2) Evidence the applicant has ownership of the property to be hunted;
(3) The type of animal to be hunted;
(4) The purpose of the special hunt;
(5) The plan to be used for the special hunt, including a property map showing the special
hunt zone(s), proposed number of special hunt participants, proposed hunting hours,
and any Minnesota Department of Natural Resources requirements specific to the
special hunt;
(6) If the purpose is to reduce animal populations that create potential health, safety or
general welfare problems in the City, the application must include:
a. A recommendation from the Minnesota Department of Natural Resources.
b. A description of other avoidance measures to be (if a first time permit) or which
have been conducted (if a renewal permit) on the site in conjunction with the
special hunt, including but not limited to barrier fencing, bird scare tapes, and
hazing.
c. Evidence that the animal to be hunted is creating a threat to the health, safety or
welfare of the public. The City Council shall have sole discretion in determining
what evidence is sufficient.
804.502 Criteria for Approvinp Special Hunts: When considering any application for a
special hunt permit, the City Council shall apply the following criteria.
(1) The general health, safety and welfare of the public residing or using either the
property in question, adjacent private properties or adjacent public properties or right-
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of-ways. The City Council shall have the sole discretion to determine whether or not
any requested hunt shall have a negative impact on the general health, safety and
welfare of the public.
(2) The extent and success of any previous special hunts or avoidance measures. The
City Council shall not issue a permit for a special hunt unless the applicant agrees to
the future use of avoidance measures (if a first time permit) or has demonstrated the
use of previous avoidance measures (if a renewal permit).
(3) The recommendation of the Minnesota Department of Natural Resources.
(4) Completeness of the application and required information.
804.503 Requlations: Every special hunt shall comply with the following regulations:
(1) All Minnesota Statutes and Rules and all City Codes and policies.
(2) Only 12, 16, 20, or 410 gauge shotguns loaded with a three inch (3") or smaller
Shotgun Shotshell or Shotgun Slug shall be permitted for use during special hunts.
804.504 Fees: Each application shall be accompanied by payment of a fee as determined by
the City Council.
804.505 Denial, Suspension and Revocation: The City Council may deny, suspend, or
revoke a permit issued under this Section on the following grounds:
(1) Fraud, misrepresentation, or false statement contained in a permit application;
(2) Failure to comply with Minnesota Statutes or Rules or City Code or policies; or
(3) Any other violation of this Section.
804.600: 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.
3. This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 27t" Day of January 2014.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 1St day of February 2014.
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