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HomeMy WebLinkAboutOrdinance - 337 - Regulating Possession and Discharge of Firearms within City Limits - 07/27/1976 CITY OF EDEN PRAIRIE t HENNEPIN COUNTY, MINNESOTA ,3 ORDINANCE NO. 337 3 r AN ORDINANCE TO REGULATE THE POSSESSION OF AND DISCHARGE OF FIREARMS WITHIN THE LIMITS OF THE CITY OF EDEN PRAIRIE, AND FOR THE GENERAL HEALTH, WELFARE AND SAFETY OF THE PEOPLE AND PROVIDING PENALITIES FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Declaration of Policy. It is hereby found and declared that inasmuch as the City of Eden Prairie 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 hunting that it has become necessary to regulatethe possession of and discharge of firearms to certain areas in the community in which it will not pose a hazard to the safety of others for this regulation. Section 2. Definition. Terms used in this Ordinance shall have the following meanings as it applies to this Ordinance: a. Dangerous weapon means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. b. Discharge of firearms. Any shooting whether it be for hunting game, target practice or otherwise. Section 3. Possession and carrying of firearms. Pursuant to State Statute a permit for the possession and carrying of handguns will be required within Eden Prairie. Section 4 . Permit required for discharge of firearms. Any person desiring to fire or discharge any firearm or use any weapon as herein before defined within the City of Eden Prairie must first secure a permit to do so from the City. Subdivision A. Areas where permitted. A permit to discharge firearms will be granted only in those areas defined as follows: that part of Eden Prairie lying South of State Highway S and West of Co. Road 4 and that part of Eden Prairie lying South of Co. Road 1 from Co. Road 4 East to Co. Road 18. Subdivision B. In order to secure a permit to discharge firearms an application shall be filed in writing on forms provided by the City and accompanied by a fee of $2.00 for residents and $5.00 for non-residents. These applications shall be individual for all persons over 18 years of age or for a family of children under 18 hunting with their parents. The permit application shall include at, least the following information: t a. Type of firearm to be discharged. 3 b. Period for which such permit is desired. t C. Location of the property on which the discharge of s the firearm will occur. 4 d. Type of facilities to be used. e. The signature of the land owner on whose property the hunting will occur. f. Such other information as may be deemed necessary by the City in order to pass upon such application. No fee shall be required for a landowner or his immediate family to discharge a firearm on property owned by himself. How- ever, a permit for said discharge is required under the terms and conditions of this Ordinance. Subdivision C. Permits for the discharge of firearms shall be issued only for shotguns and b•b guns except that permits may be issued for rifles and handguns for target shooting only, and only in very well defined and closely supervised areas. i Subdivision D. The Eden Prairie Department of Public Safety will c review all applications for permits based on the following criteria: a. Permit shall have been signed by the landowner on whose property the hunting will occur. j i b. The permit application shall be for a contiguous parcel of property of at least 40 acres and far enough removed from i adjoining buildings and roads so as not to cause a hazard. a C. In no case shall a permit be issued for hunting on any property within 500 feet from a building or main road. i Section 5. Lawful defense of person, property or family. Nothing herein shall be construed to prohibit any firing of a gun, pistol or other weapon when done in lawful defense of person, property or family or in the necessary defense of enforcement of laws. Section 6. Penalty. Any person violating provisions of this Ordinance shall be guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300.00 or imprisonment but not more than 90 days. l Section 7. Repeals. Ordinance No. 120 of the City of Eden Prairie is hereby ' repealed. -2- x ;r a u f i Section 8. Partial invalidity. If any portion of this Ordinance is felt to be invalid or unforceful to any person or circumstance the application of such portion to persons or circumstances other than those to which it shall be held invalid or unenforceful shall not be affected thereby and all other provisions here as in all other respects shall remain valid and enforceable. Section 9. Effective date. This Ordinance shall be effective immediately upon its passage and publication. First read at a regular meeting of the City Council of Eden Prairie this 27 day of July , 1976, and finally read and adopted and ordered published at a regular meeting of said City Council on the 3rd day of August 1976. ofA2 '000000 olfA zel, Mayor i AT EST: ; J n D. ane, City Clerk U Published in the on the day of , 1976. -3- 1 010811 Official Publication] I CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO.BM AN ORDINANCE TO REGULATE THE Affidavit of Publication POSSESSION OF AND DISCHARGE OF '°'IREARMS W11'HIN THE LlbI1T8 OF HE CITY OF TO PRAIRIE AND OR -THZ J%.Xl3AL HEALTH, WELFARE Alfa SAFETY OF THE PEOPLE `" ANDS PROVIDING PEN THE CITY COUNCIL'OFT THE CITY OF State of Minnesota EDEN' °,PRAIRIE ORDAINS AS FOLLOWS - ! ) Ss. Section 1. Deetaroilots of PeUcy. It is, hereby found and declared that Inasmuch County O f Hennepin as the City of Eden Prairie It It.developing community whsreln'the land uses are i becoming morn!!Manse Ithurroduetttg the amouotE pf oppeepp�(and available for the W.Illidll7 McGar discharge of ffreartas and httatisg that it I . . .. ..... .. .. ........... ......... being duly sworn,on oath says he is and dur- has becoase,necessary:-:tq:;,regulate the y possession of and disehargq of firearms to I ing all the times herein stated has been the publisher and printer of the newspaper known as Eden Prairie Com- certalnare"Iri the community In which it munity News and has full knowledge of the facts herein stated as follows: (I) Said newspaper is printed in the will not po 101,s rd,to„the safety of ! English Language in newspaper format and in column and sheet form equivalent in printed space to at least 900 others for this"re ttlatlt►q, square inches. (2) Said newspaper is i+ weekly and is distributed at least once each week.(3) Said newspaper has Seaton 2. ou:Terms uteQ to this � 4Y � Ordinance ahetJ? havq.,tbe following { 5017, of its news columns devoted to news of local interest to the community which it purports to serve and does meaningtop it appiles to this Ordinance ( not wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements. a.,Daagereaseveapoa moans any (q) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 5110 copies firearms gbetber loadad,pr.ualtuded, or any device d klin,M ss a weapon regularly delivered to paying subscribers, has an average of at least 75%r of its total circulation currently paid or and capable•WAptpd*c1s& death or no more than three months in arrears and has entry as second-class matter in its local post-office.(5)Said news- great ppgpttilyharm•oranyyaWer device paper purports to serve the ('try of Eden Prairie in the County of Hennepin and it has its known office of issue in or `iatdntmental"jr,or c1b, in the the( try of Eden Prairie in said county, established and open during its regular business hours for the gathering mattttint-.it b use cor;iWegdgd to be of news,sale of advertisements and sale of suhscri tions and maintained b the managing officer of said newspaper. used,!s Falcplata or likd�•to produce P Y g g death 'or"I great;'boil W harm. persons in its employ and subject w his direction:+rid control during all such regular business hours and at which b.,,Divebarsse. *1 fftettrasa: Any said newspaper is printed. (b) Said newspaper files a copy of each issue immediately with the State Historical shoot'tg, whether It be for hunting Society. (7)Said newspaper has complied with all the foregoing conditions for at least one year preceding the day Semi, target session or of manse. or dates of ublication mentioneu below.(K)Said news er has filed with the Secretary of State of Not riot Section.S. Peaseasias•aad�;oarryfag o! p P�P Y P firearms.Purstiant to S to Statute a to January 1. 1976 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and permit for the poss"ort sad Varrying of signed by the managing otTicer of said newspaper and sworn to before it notary public stating that the newspaper is handgguns will be required•,withln Eden j Prairie. 9 � discharge a legal newspaper. Section 4.Perm di chargtt ti ny fidiarm owise We cl ' Legal of firearms,Any person,des g to fire or He further states on oath that the printed .................................................. ....................... herei fore till discharge an rearm or use as weapon ty .............. ... ........ . . ..... . ..... . ........ .. ............._.... hereto attached as a part Eden Prairie must flr#secures permit to do so from the City. = hereof was cut from the:olumns of said newspaper.and was printed and published therein in the English language. Sabdivtsigtt A.;Arpas>wl1ltratpermitted. A permit to,discharge fliftarms will be once each week.for ...one..... .. successive weeks,that it was first so published on .'L'�lu]^3;.,.,the..16th„• granted only in those arees aficed as Dec. 75 follows: that fed of-Ellen Prairie day of ... . .. ...... . .... 19 ........ and was thereafter printed and published on every ........................ to and I Ing South of State hway 5 and Weal of Co. Road 4'_a that part of i Eden.Prairle Igqin Sottthof Go.Road 1 including the _.............day of........... 19 ......:nd that the fallowing is a printed copy of the lower case alphabet from Co.Road tlsst to Co.Road 18. Sub4vfsios'8•,.hl orderito•secure a from A u+Z,both inclusive,and is hereby acknowledged as being the size and kind of type used in the composition permit.to dUcharge.,flrearms an ap- plleaUon *bell be flied In'writing ow, and publication of said notice.to wit: oaf 1R1 ter biT hc+ie ap Qa '' t f .dividwl �n•.a�r9h;j41mnU4C s+�K•V for ail pertwna oYer,lb�yy�ort,of age or for a family or ch oft' under 18 hunting with theirp ai rentsi;The permit application,shall faclude)at least the following`•. ln'foral4tion t:hacttell._. u d Subscribed and sworn to before me this+��l.�- ...day of... evil N303 I 'S800�SUILa ----- �a io D (Notarial Seal) Notary public. (ou4-ty. 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