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HomeMy WebLinkAboutOrdinance - 27-89 - Amending Code 9.04 Firearm Regulations - 09/05/1989 ORDINANCE NO. 27-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9, SECTION 9.40 RELATING TO THE DISCHARGE OF FIREARMS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.40 shall be and is amended to read as follows: "SECTION 9.40. FIREARMS REGULATION. Subd. 1. Declaration of Policy. It is hereby found and declared that inasmuch as the City 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 it has become necessary to limit the discharge of firearms and dangerous weapons to certain areas in the community in which it will not pose a hazard to the safety of others. Subd. 2. Definitions. Terms used in this Section shall have the following meanings: A. "Approved Archery Ranges" means those ranges which have been approved by the City Manager or designee where special target-tipped arrows are used. B. "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. C. "Discharge of firearms" means any shooting whether it be for hunting game, target practice or otherwise. D. "Shotgun shotshell" means a shell fired in a shotgun containing multiple shot. E. "Shotgun slug" means a shell fired in a shotgun containing one slug, ball , or other single projectile. Subd. 3. Permit Required for Discharge of Firearms or Dangerous Weapons. No person may fire or discharge a firearm or discharge or use any dangerous weapon within the City without first securing a permit to do so from the City. .6 A. Areas Where Permitted. (a) . A permit may be granted to discharge firearms or dangerous weapons, except shotguns firing shotgun slugs, only in the following areas: (1) In that part of the City, West and South of the following line: commencing at the intersection of Hennepin County Road 1 and a line ("Line A") parallel to and 1600 feet west of the East line of Sections 27 and 34, Township 116, Range 22, then South along Line A to River Road, then East along River Road to the East line of Section 34, then South along the East line of Section 34 to the southerly line of the City and there terminating; South of Hennepin County Road l; North of the southerly line of the City and East of the westerly line of the City. (2) In that part of the City which is Section 18 and Section 19, Township 116, Range 22, for the remainder of 1989 when the landowner is present. (3) In areas approved by the City Council where the issuance of a permit is for the purpose of wildlife management and is in the best interest of public safety. 0 (b). A permit may be granted to discharge shotguns firing shotgun slugs only in the following areas: (1) Commencing at the intersection of Trunk Highway 169- 212 with the westerly border of the City; then easterly along Trunk Highway 169-212 to Riverview Road; then easterly along Riverview Road to the East line of Section 34, Township 116, Range 22, then South along said East line to the Minnesota River, then westerly along the Minnesota River to the westerly border of the City; then along the westerly border of the City to the point of beginning -- in accordance with the following: (i ) Permits for the discharge of shotgun slugs shall not at any time exceed 15 each for that part of the area West and that part of the intersection of Indian Road with Trunk Highway 169-212 extending southerly along Indian Road to a point where Indian Road turns westerly and then South to the Minnesota River. (ii ) The land on which any holder of a permit may discharge a shotgun slug within the area bordering on Highway 169-212 shall be posted with sig prohibiting hunting without permission of the own situated not greater than 500 feet from each other. B. Application For Permit. A permit may be issued to individuals who comply with the following criteria: (1) Persons over eighteen (18) years of age may apply for an individual permit to discharge a firearms or dangerous weapon. Persons under eighteen (18) years of age may apply for a permit to discharge a firearm or dangerous weapon if at the time of such discharge or use, the youth is accompanied by an adult parent or legal guardian. (2) An application for a permit shall be filed in writing on forms provided by the City and accompanied by a fee determined by City Council resolution. No fee shall be required for a permit for a landowner, his immediate family, or his guests, to discharge a firearm or dangerous weapon on property owned by himself. C. Limitations on Permits. Permits issued for the discharge of firearms or dangerous weapons shall be subject to the following limitations: (1) The property upon which the discharge will occur shall be at least forty (40) contiguous acres. (2) The holder of a permit shall not discharge a shotgun slug within fifteen hundred (1500) feet of a building or a roadway. (3) The holder of a permit shall not discharge a shotgun shotshell within one thousand (1000) feet of a building or a roadway. (4) Permits issued for the discharge of firearms or dangerous weapons shall be limited to the use of bows and arrows, B-B guns, shotgun shells, and shotgun slugs. (5) An individual who is hunting pursuant to a guest permit must be accompanied by the landowner. (6) Permits issued for the discharge of shotgun slugs shall be limited to those times permitted for hunting deer by the Minnesota Department of Natural Resources. Permits issued for the discharge of other dangerous weapons shall be restricted to the calendar year during which the permit was issued. Subd. 4. Approved Archery Ranges. A permit is not required for the discharge of special target-tipped arrows at approved archery ranges. The • use of crossbows are prohibited from approved archery ranges. Subd. 5. Cancellation of Permit. A violation of the provisions of *te Section or any permit issued hereunder on any property for which the pe has been issued may result in the cancellation of all permits for discharge of weapons or firearms on such property and the denial of applications for permits on such property. Subd. 6. 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 by law enforcement personnel executing their official duties. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation A Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of September , 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of September 1989. ATTEST: City erk Mayor Published in the Eden Prairie News on the 18th day of October 1989. ORDINANCE NO.27-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9,SECTION 9.40 RELATING TO THE DISCHARGE OF FIREARMS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH AMONG OTHER THINGS,CONTAIN PENALTY PRO- VISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Affidavit of Publication Section 1.City Code Chapter 9,Section 9.40 shall be and is amended to read as Southwest Suburban Publishing follows: "SECTION 9.40.FIREARMS REGU- LATION. Subd. 1.Declaration of Policy. It is hereby found and declared that inasmuch State of Minnesota as the City is a developing community wherein the land uses are becoming more )SS. intense thus reducing the amount of open land available for the discharge of fire- County of Hennepin arms and dangerous weapons and that it has become necessary to limit the dis- Stan Rolfsrud,being duly sworn,onoathsaysthatheistheauthorizedagentofthepublisherofthenewspaperkmown charge of firearms and dangerous weap- as the Eden Prairie News and has full knowledge of the facts herein stated as follows: ons to certain areas in the community in ( ) ��A This newspaper has com red with the requirements constitutingqualification as a legal newspaper,as provided which it will not pose a hazard to the safety of others. by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. Subd.2.Definitions. Terms used in (g)The printed public notice that is attached to this Affidavit and identified as No., was published on this Section shall have the following the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part meanings: � of this affidavit. Said notice was cut form the columns of the newspaper specified. Printed below is a copy of the A."Approved Archery Ranges'means lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used those ranges which have been approved in the composition and publication of the Notice: by the City Manager or designee where special target-tipped arrows are used. abcdefghijklmnopgrstu B."Dangerous weapon"means any firearm,whether loaded or unloaded,or any device designed as a weapon and capable of producing death or great bodily B f. harm,or any other device or instrumen- 4e Stan Rolfsrud, General Manager tality which,in the manner it is used or intended to be used, is calculated or Subscribed and sworn before me on likely to produce death or great bodily harm. C. "Discharge of firearms" means this day of 1989 any shooting whether it be for hunting f game,target practice or otherwise. D."Shotgun shotshell"means a shell fired in a shotgun containing multiple - _.-, :+CoTI-r,-' shot. "-�-' 4_; MY c.*V",ss�*,�,���tx•ss � i;' _��r E."Shotgun slug"means a shell fired rie A Hartmann, Notary Public in a shotgun containing one slug,ball,or other single projectile. Subd. 3. Permit Required for Dis- RATE INFORMATION charge df Firearms or Dangerous Weap- ons. No person may fire or discharge a firearm or discharge or use any danger- Lowest classified rate 'd b commercial users for comparable s $11.25 column inch ous weapon within the City without first �' y .. securing a permit to do so from the City. Maximum rate allowed bylaw for the above matter.......................................................... $11.25 per column inch A.Areas Where Permitted. Rate actually charged for the above matter_.......................................................................... $5.30 per column inch (a).A permit may be granted to dis- charge firearms or dangerous weapons, except shotguns firing shotgun slugs, only in the following areas: (1)In that part of the City,West and South of thg following line: commenc- ing at the intersection of Hennepin County Road 1 aW s lie C"Lbw An ponliel to and 140R IN �� lire ati Seth —__ —31- ,Awr 22. im Soa1h ring�A 1i AWw �ehen EmeMang Rkw Road to the of S A.11hm South along the P.t st line of Section 34 to the south- erly line of the City and there terminat- ing;South of Hennepin County Road 1; North of the southerly line of the City and East of the westerly line of the City. (2)In that part of the City which is Section 18 and Section 19, Township 116,Range 22,for the remainder of 1989 when the landowner is present. (3) In areas approved by the City Council where the issuance of a permit is for the purpose of wildlife management and is in the hest interest of public safety. (h). A permit may be granted to discharge shotguns tiring shotgun slugs only in the following areas: ('1) Commencing at the intersection of Trunk Highway 169-212 with the westerly herder of the City;then easterly along Trunk Highway 169-212 to River- view Road; then easterly along River- view Road to the East line of Section 34, Township 116, Range 22, then South along said East lime to the Minnesota River, then westerly along the Minne- sota River to the westerly border of the City;thence along the westerly border of the City to the point of beginning—in (i)Permits for the discharge of shot- gun slugs shalt not at any time exceed 15 each for that part of the area N"lest and that part of the intersection of Indian Road with Trunk Highway 169-212 ex- tending southerly along Indian Road to a point where Indian Road turns westerly and then South to the Minnesota River. (ii)The land on which any holder of a permit may discharge a shotgun slug within the area bordering on Highway 169-212 shall be posted with signs pro- hibiting hunting without permission of the owner situated not greater than 500 feet from each other B.Application For Permit.A permit may be issued to individuals who com- ply with the following criteria: (1)Persons over eighteen(18)years of age may apply for an individual per- mit to discharge a firearms or dangerous weapon. Persons under eighteen (18) years of age may apply for a permit to discharge a firearm or dangerous weapon if at the time of such discharge or use,the youth is accompanied by an adult parent or legal guardian. (2)An application for a permit shall be filed in writing on forms provided by the City and accompanied by a fee deter- mined by City Council resolution.No fee shall be required for a permit for a land- owner,his immediate family,or his guests, to discharge a firearm or dangerous weapon on property owned by himself. C. Limitations on Permits. Permits issued for the discharge of firearms or dangerous weapons shall be subject to the following limitations: (1) The prop:rty upon which the discharge will occur shaII be at least forty(40)contiguous acres. (2)The holder of a permit shall not discharge a shotgun slug within fifteen hundred (1500)feet of a building or a roadway. (3)The holder of a permit shall not discharge a shotgun shotshell within one thousand(1000)feet of a building or a roadway. (4)Permits issued for the discharge of firearms or dangerous weapons shall be limited to the use of bows and arrows, B-B guns, shotgun shells, and shotgun slugs. (5) An individual who is hunting pursuant to a guest permit must be ac- companied by the landowner. (6)Permits issued for the discharge of shotgun slugs shall be limited to those times permitted for hunting deer by the, Minnesota Department of Natural Re- sources. Permits issued for the discharge of other dangerous weapons shall be' restricted to the calendar year during which the permit was issued. Subd.4.Approved Archery Ranges. A permit is not required for the discharge of special target-tipped arrows at ap- proved archery ranges. The use of cross- bows are prohibited from approved arch- ery ranges. Subd.5. Cancellation of Permit. A violation of the provisions of this See: don or any permit issued hereunder on any property for which the permit has been issued may result in the cancella- tion of all permits for the discharge of weapons or firearms on such property and the denial of applications for permits' on such property. Subd.6.Lawful Defense of Petwn; 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 by law enforcement personnel, executing their official duties. Section 2.City Code Chapter 1 en- titled "General Provisions and Defini- bons Applicable to the Entire City Code Including Penalty for Violation" and, Section 9.99 entitled"Violation A Mis- demeanor" are hereby adopted in their entirety, by reference , as though re-, peated verbatim herein. Section 3. This ordinance shall be- come effective from and after its passage and publication. ATTEST: John D.France City Clerk Gary D.Peterson Mayor (Published in the Eden Prairie News Wednesday,October 18,1989;No.5654)