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HomeMy WebLinkAboutOrdinance - 19-93 - Wildlife Management and Trapping Ordinance, Amending Chapter 9 of City Code - 06/01/1993 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19 - 93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.12, A PROVISION REGULATING THE TRAPPING OF ANIMALS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The Eden Prairie City Code shall be amended by adding thereto a Section 9.12 which reads as follows: SECTION 9.12. TRAPPING OF ANIMALS. Subd. 1. Policy. This Section reflects the City's policy of managing wildlife while maintaining the natural habitat of the area. This policy includes the City's desire to mitigate the exposure of people and domestic animals to traps. Public education concerning the various species living in the area and their habits is the preferred method of minimizing any conflict between humans and wildlife. The city recognizes, however, that even with a knowledgeable and sensitive citizenry, circumstances arise where trapping becomes a necessary method of control. Subd. 2. Definitions. A. "Trap" means any mechanical device, snare, artificial light, net, bird line, or contrivance used to trap, catch, snare,kill or otherwise restrain the free movement of any wild animal. B. "Trapping" means setting, laying, or otherwise using a trap to catch, snare, kill or otherwise restrain the free movement of any wild animal. C. "Wild animal' is defined as wild mammals and birds only. D. "Wildlife nuisance" is defined as action by an animal which causes damage to property or poses an undue threat to safety. Subd. 3. Requirements. A. It is unlawful for any person to trap in the City of Eden Prairie unless such persons have in their possession each of the following: 1. A valid Minnesota trapper's license issued by the Minnesota Department of Natural Resources; 2. A certificate demonstrating that the trapper successfully completed a Minnesota Trappers Association (MTA) trapper education course or is a certified MTA trapping instructor; 3. Written permission from the landowner or public agency; 4. A trapping permit from the City of Eden Prairie. B. Application for a City trapping permit shall take place pursuant to the requirements contained in Section 5.02 of this Code and shall be submitted to the City Police Department. Additionally, applicants shall submit proof of a current license for trapping from the Department of Natural Resources and of a passing score on the test administered by the Minnesota Trappers Association. Subd. 4. Permitted Area. Trapping by City permit shall be conducted only in the areas permitted for the discharge of shotguns firing shotgun slugs, as specified in Section 9.40, Subd. 3(A)(2)(a) herein. Subd. 5. Permitted Traps within Permitted Area. Trapping on defined permitted land is restricted to the use of leghold spring traps no larger than size I'i. Trapping in water in defined permitted areas is restricted to the use of conibear-type traps with a jaw opening no larger than 5 inches by 5 inches (size 110) and drowning set leghold traps. A. All leghold traps set on dry land shall be: 1. Placed at least 500 feet from a residence, except when the trap placement is authorized or directed by the residence's occupant; 2. Entirely concealed under a layer of soil or other trap covering; 3. Firmly anchored with a stake or heavy drag; 4. Placed no closer to an exposed bait, fur or feathers than allowed by the Minnesota Department of Natural Resource regulations. B. Trapping is prohibited within 250 feet of the boundaries of any city park or organized recreational area, except as provided under Subd. 9. Subd. 6. Trapping Outside of Permitted Area. Trapping outside of the permitted area is allowed only under the following circumstances: A. If a property owner believes that a wildlife nuisance situation exists, the property owner will contact the City Police Department and file a "wildlife management request form" which describes the nature of the nuisance. The complaint will be handled per Resolution No.91-260 which adopts a City wildlife management plan. If it is determined by the City Police Department that the nuisance is "bona fide," the property owner will be provided with a list of permitted trappers along with a limited permit to abate the specific wildlife nuisance, subject to any other restrictions. B. Traps shall be placed at leat 500 feet from a residence, except when the trap placement is authorized or directed by the residence's occupant. C. Trapping is prohibited within 250 feet of the boundaries of any city park or organized recreational area. Subd.7. Permitted Traps Outside of Permitted Trapping Area. Every reasonable effort must be made to use non-lethal methods, including but not limited to: cage-type traps, repellants, harrassment and exclusionary devices. If it is determined by the City that none of the above methods are effective, trapping on land is restricted to the use of leghold spring traps no larger than size 1 6. Trapping in water is restricted to the use of conibear-type traps with jaw opening no larger than 5 inches by 5 inches (size 110). Subd. 8. Release of Animals. Animals may be released from captivity only with the express permission of the owner of the property upon which any release shall take place. Subd. 9. Exceptions. This section shall not apply to: A. Quick-kill trapping if the traps are designed only to kill rats, mice, gophers or moles. B. Persons using cage-type live traps for trapping animals causing damage to property after using other reasonable effort to use other non-lethal methods, including but not limited to: repellants, harrassment and exclusionary devices. C. Employees or duly authorized representatives of the city, county, state or federal government acting within the course and scope of their employment. D. Falconers or bird banders licensed by the Department of Natural Resources and the U.S. Fish and Wildlife Service permit. E. Persons using a net for trapping and relocating Canadian geese under a U.S. Fish and Wildlife Service permit. F. Trapping on lands owned or managed by the Minnesota Valley National Wildlife Refuge shall be regulated solely by the U.S. Fish and Wildlife Service. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 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 1st day of June , 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the 15th day of June , 1993. ATTEST: U), r ((. a A KI & { ayor PUBLISHED in the Eden Prairie News on the _day of JUN 2 4 1993 , 1993. ta§NeftpcodOcitycode CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE MINNESOTA, AMENDING CHAPTER. 9 OF THE CITY CODE RELATING TO TRAPPING THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Summary: This ordinance amends the City Code with respect to regulating the trapping of animals. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on JUN 21 1993 (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) Stan Roltrud,being duly swom,on oath says that he is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: (A)This newspaper has complied with the requirements constituting qualification as a legal CITY OF EDEN PRAIRIE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as HENNEPIN COUNTY,MINNESOTA amended. ORDINANCE NO. 19-93 AN ORDINANCE OF THE CITY OF (B)The printed public notice that is attached to this Affidavit and identified as No. 16� EDEN PRAIRIE MINNESOTA, was published on the date or dates and in the newspaper stated in the attached Notice,and said AMENDING Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of CHAPTER 9 OF THE CITY CODE the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both RELATING TO TRAPPING inclusive,and is hereby acknowledged as being the ki and size of type used in the composition THECITY COUNCIL OFTIE CITY and publication of the Notice: OF EDEN PRAIRIE, MINNESOTA ORDAINS: abcdefghijkhnnop u y Summary:This ordinance amends the City Code with respect to regulating the trapping of animals. Effective Date: This Ordinance By: shall take effect upon publication. Stan Rolfsmd, General Manager ATTEST: Ij /s/John D.Franc City Clerk Subscribed and sworn before me on /s/Douglas B.Tenpas Mayor (A full copy of the text of this Ordi- ;�••w, GWEN M.RADUENZ nance is available from City Clerk.) this day of 1993 NOTARY PUBLIC-MINNESOTA (Published in the Eden Prairie News on SCOTTCOUNTY Thursday,June 24, 1993;No.6811) My Commission Expires Feb.24,1999 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch Maximum rate allowed by law for the above matter ..........................$10.13 per column inch Rate actually charged for the above matter.......................................... $6.49 per column inch