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Home My WebLink About9D Bow Fishing 04 PRI% 0u 1'1 4646 Dakota Street SE Prior Lake,MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 11, 2015 AGENDA#: 9D PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF A REPORT WITH RESPECT TO A POSSIBLE ORDINANCE AMENDMENT TO SECTION 804.400 OF THE PRIOR LAKE CITY CODE RELATING TO BOW FISHING DISCUSSION: Introduction The purpose of this agenda item is to determine if the city council believes it appropriate to amend the city code to authorize bow fishing without the need for a special hunt permit. History As the city has become more urbanized, the city council has sought to allow special hunts as long as they are effective in controlling target populations, used in conjunction with other animal control measures and are accomplished in a fashion that protects the public safety. The City has received several requests to allow bow fishing within the City. In fact bow fishing happens with some regularity each year. Bow fishing is allowed by state statute and regulated and licensed through the DNR. Current Circumstances We believe that the ordinance should be read to address bow fishing as fishing and not hunting therefore this section of the ordinance is not applicable. But since the ordinance can be read otherwise there is some question about where in the ordinance bow fishing is addressed. Conclusion The city council should determine if it wishes to clarify the ordinance with respect to bow fishing. ISSUES: The key issue is whether the city council believes that the ordinance should be amended to add a second exception which would address bow fishing. The Prior Lake Vision and Strategic Plan prioritizes water quality improvement in our lakes and streams. The city has supported the efforts of the Watershed in its multipart alum project. Rough fish are known to undermine such efforts. The DNR has recognized the desirability of removing rough fish as they may not be returned to the waterbody if caught. Therefore, encouraging bow fishing is consistent with city objectives. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com The DNR has established licensing procedures and rules which must be followed to protect individual and public safety while bow fishing. Bow fishing has been common each year in area lakes and streams. The need for these provisions is dependent upon whether the council believes that the ordinance needs clarification. Attached are the existing ordinance provisions. FINANCIAL No permit revenues have been received for this purpose so there will be no IMPACT: impact. ALTERNATIVES: 1. Motion and second to direct staff to prepare an ordinance amendment to clarify the status of bow fishing. 2. Motion and second directing the staff to provide additional information. RECOMMENDED As determined by the Council. MOTION: 2 SECTION 804 DANGEROUS WEAPONS 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 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. Police Regulations 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 Approving 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-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. City of Prior Lake 804/p2 Police Regulations 804.503 Regulations: 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. (Amended in full by Ord. Amend. 114-02, publ. 02/01/2014) City of Prior Lake 804/p3