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Home My WebLink About8C - Goose Hunting Season AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: . BACKGROUND: DISCUSSION: "OR9512CC" STAFF AGENDA REPORT 8C DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER APPROVAL OF ORDINANCE 95-12 AMENDING CITY CODE SECTION 10-4-3 (C) DISCHARGE OF FIREARMS TO ALLOW A SPECIAL METROPOLITAN GOOSE HUNTING SEASON. AUGUST 7, 1995 The purpose of this item is to consider a request by the DNR to amend City Code Section 10-4-3(C) to permit special hunting within platted portions of the City. The issue was first raised approximately one year ago in response to goose overpopulation problems at The Wilds. Unfortunately, the request to amend the City Code was not received in time to process the amendment prior to the 1994 hunting season. The 1995 goose season is fast approaching. The DNR and developer, Prior Lake Development Inc., request that the City Code be amended in order to allow for special hunting at The Wilds to reduce the damage to the golf course due to goose overpopulation. The current City Code allows for the discharge of firearms for hunting game or fowl and for target practice. However, the City Code specifically prohibits the discharge of a firearm in any platted portion of the City. The proposal is to adopt attached Ordinance 95-12 which would allow for a special hunting season when recommended by the DNR, for the purpose of reducing animal populations that create potential health, safety or general welfare problems in the City. Ordinance 95-12 was drafted by Sherri Ulland of Lommen, Nelson, Cole and Stageberg, There are specific seasons established for the hunting of particular types of game and fowl. Ordinance 95-12 would allow the City Council opportunity to review requests for special hunting seasons on private property. The City Council would have discretion to authorize 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER ISSUES: ALTERNATIVES: a special hunting season pursuant to receipt of an application when, "based upon competent professional advice from a conservation officer with the DNR, a season is needed to reduce an animal population that creates potential health, safety and general welfare problems in the City." Due to the abundance of wildlife populations within the Metropolitan area, special hunting seasons are becoming more and more commonplace. Communities such as Bloomington and Eden Prairie have permitted special hunting seasons for deer and geese. The special hunting seasons must conform to the DNR established seasons for the specific type of game or fowl. Adoption of Ordinance 95-12 would establish a process for Council consideration of special hunting seasons recommended by the DNR on behalf of private property owners. The amendment will result in Council consideration of special hunting seasons which mayor may not be considered controversial by residents. Some communities have experienced problems instituting special hunts due to differing opinions of residents to protect vs. manage wildlife populations. Staff does not believe that there will be a significant number of requests in Prior Lake. Ordinance 95-12 does not mandate special hunting be approved but merely provides the opportunity for Council consideration to reduce animal populations, considered by the DNR to create potential health, safety and general welfare problems for residents of the City. 1. Adopt Ordinance 95-12 as presented or with changes directed by the City Council. 2. Continue or table discussion of the issue for specific purposes. 3. Deny Ordinance 95-12 finding that it is not in the best interest of the community to adopt special hunting provisions within platted areas of the community. RECOMMENDATION: Alternative #1 ACTION REQUIRED: "OR9512CC" 2 CITY OF PRIOR LAKE ORDINANCE NO. 95-12 AN ORDINANCE AMENDING SECTION 10-4-3(c) OF PRIOR LAKE CITY CODE. The City Council of the City of Prior Lake does hereby ordain: Section 10-4-3(C) of Prior Lake City Code is hereby amended to read as follows: (C) Platted Portions of the City: Except as provided in Section 10-4-3(D), the discharge of a fIrearm in any platted portion of the City shall be prohibited for purposes of hunting or target practice. (D) 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 hunting season, which season is in compliance with state law and regulations and is 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 hunting season in compliance with Section 10-4-3(0) 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 hunting season pursuant to such an application when, based upon competent professional advise from a conservation offIcer 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. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1.1h..day of ~, 1995. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 1995. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, MN 55402 OR9S-12.ncx: PAGE .h.m. .................--.....----...-.--1-- .- .-- 1 0-4-3 10-4-4 1 0-4-3: USE OF FIREARMS: (A) 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. (8) 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 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. *' Platted Portions of City: The discharge of a firearm in any platted portion of the City shall be prohibited for purposes of hunting or target practice. (C) 10-4-4: MINORS: (A) 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. (8) 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 Prior Lake Police Department. 292 PHONE NO. r! STATE OF. [M~~~@u~ DEPARTMENT (612) 496-4151 OF NATURAL RESOURC;ES August 25, 1994 FILE NO. Area wildlife Office 118 South Fuller Street #3 Shakopee, MN 55379 City of Prior Lake, Attn: Deb Garross, This letter is a request for the City of Prior lake to consider revising City code Sec. lO-4-3(c). We are currently addressing a goose depredation problem on The wilds golf course. One of my recommendations, provided it was not against City ordinance,. was to increase the hunting pressure on the geese in this area. I also suggested they take advantage of the early goose season in the metro area. This season runs from September 3-12, 1994 and is in place specifically to address the problems of local geese in the metro area. I understand that because this golf course is actually platted as the outlots of the development that the City code applies. Please consider a revision to your code at your earliest possible convenience so that The wilds may take advantage of any remaining portion of the early September goose season. Sincerely, .-/1- ..,/ '. / i-.j/c2.~<- /J;:'9t:7/15c/u.."ICI Diana Regenscheid, Assistant Area Wildlife Manager ;.. cc: Bryan Lueth Roger Johnson AN EQUAL OPPORTUNITY EMPLOYER