HomeMy WebLinkAboutOrdinance - 14-2018 - Temporary Moratorium on Firearm Dealer Stores - 07/26/2018 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 14-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA TEMPORARILY
PROHIBITING ALL NEW LICENSED FIREARM DEALER STORES; AND
ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS
WHEREAS the City Council was presented with a report by City Staff of the regulations of
other Cities with respect to Licensed Firearm Dealer Stores (hereinafter the Studied Uses); and
WHEREAS, the City's current regulations do not adequately address Licensed Firearm Dealer
Stores; and
WHEREAS, the City Council finds that to protect the planning process and the health, safety
and welfare of the public the City must conduct a study to determine what amendments to the
City Code will be required to deal effectively with Licensed Firearm Dealer Stores. This study
will include review of factual data relating to Licensed Firearm Dealer Stores; review of actions
taken by other governmental entities relating to Licensed Firearm Dealer Stores; and analysis of
the options relating to Licensed Firearm Dealer Stores available to the City to protect the
planning process and the health, safety and welfare of the public; and
WHEREAS, the City Council has concluded that the public health, safety and welfare and
sound planning require that a moratorium be imposed on the approval of any Licensed Firearm
Dealer Stores during the pendency of the study and the various public hearings preceding
possible adoption amendments to the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS
AS FOLLOWS:
Section 1. Findings and Intent.
A. Licensed Firearm Dealer Stores.
1. City Staff prepared a report to the Council identifying the regulations adopted by the City
with respect to Licensed Firearm Dealer Stores.
2. The Minnesota State Legislature has preempted the authority of cities to regulate firearm,
ammunition or their respective components.
3. The Minnesota State Legislature allows cities to regulate the location of businesses where
firearms are sold by a licensed dealer.
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4. City Code Section 9.40 regulates the discharge of firearms in the City. A permit is
required to discharge a firearm in the City; the discharge of firearms is generally limited
to certain areas within the City; and the City prohibits discharge of a firearm within 1,000
feet of a building or roadway.
5. The City may regulate the location of business where firearms are sold by a firearm dealer
through the zoning ordinance, provided the ordinance is not unreasonable, discriminatory
or arbitrary.
6. City Staff identified four communities with regulations of Licensed Firearms Dealer
Stores. While most of the communities have no specific Licensed Firearm Dealer Store
zoning regulations, the cities studied either classified firearm sales as retail sales; or
allowed the use only by a Conditional Use Permit in certain zones; or impose distance
requirements from other uses. One community required a firearms retail store to be 300
feet from schools, churches, daycares, public libraries, and governmental buildings, 1000
feet from any other gun or ammunition sales or repair business or firearms related uses,
and 100 feet from any residentially zoned properties.
7. The existing Licensed Firearm Dealer Stores in the City draw many customers from a
wide area outside of the City.
8. The City Council finds, based on the above, that Licensed Firearm Dealer Stores may
have adverse secondary effects upon certain pre-existing land uses within the City.
B. Maps of Distance Requirements
1. City staff report included maps that showed identified 500-foot and 1000-foot buffers
from schools, daycares, churches, community centers, liquor stores,parks and residential.
2. The Council finds that more study is necessary to determine whether a buffer is
appropriate from any of the uses identified in the study and if so the type of buffer that is
appropriate and reasonable to protect the health, safety and welfare of the City and its
residents.
Section 2: Definitions
A. Firearm Dealer. The term "firearm dealer" means a person who is federally licensed to sell
firearms.
Section 3: Substantial Governmental Purpose
The regulation, restriction, and prohibition of certain activities and development within City is
necessary and appropriate to preserve the planning process, to prevent the adverse secondary
effects, or potential effects, of Licensed Firearm Dealer Stores, and to protect the public health,
safety, and welfare pending the completion of the study and/or official controls process.
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Section 4. Authorization of Study. Pursuant to Minn. Stat. Section 462.355, Subd. 4, the City is
authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in
all or part of the City for a period of one year(subject to exceptions as stated in Section 463.355)
while the City is conducting studies, or has authorized studies to be conducted, or has scheduled
a hearing to consider adoption or amendment of official controls, including ordinances
regulating, restricting or prohibiting any use or development within the City The City Council
finds that to protect the planning process and the health, safety and welfare of the general public
the City must conduct studies to determine what amendments to the City Code will be required to
deal effectively with Licensed Firearm Dealer Stores. The studies will include review of data
relating to Licensed Firearm Dealer Stores available to the City to protect the planning process
and the health, safety and welfare of the general public. Pursuant to this Interim Ordinance and as
authorized by separate Resolution the City Council determines to authorizes and conduct a study
or studies to be conducted to determine what amendments to the City Code will be required to
deal effectively with Licensed Firearm Dealer Stores. The study or studies will include review of
factual data relating to Licensed Firearm Dealer Stores; review of actions taken by other
governmental entities relating to Licensed Firearm Dealer Stores; and analysis of the options
relating to Licensed Firearm Dealer Stores available to the City in order to protect the planning
process and the health, safety and welfare of the general public. Upon completion of the study or
studies, potential City Code amendments shall be reviewed by the City Council.
Section 5: Interim Ordinance. Pending the completion of the above studies and the adoption of
appropriate official controls, for a period of one year (subject to exceptions as state in Section
462.355) after the Effective Date of this Ordinance, there shall be no use, development or
subdivision of property within the City relating to Licensed Firearm Dealer Stores; no application
shall be accepted, processed or approved for use of property within the City for use as an
Licensed Firearm Dealer Store; no Licensed Firearm Dealer Stores, shall be established,
developed, located or relocated, or transferred pending completion of the Study. The Interim
Ordinance shall apply to all property within the City.
Section 6. Exceptions. This moratorium shall not apply to Licensed Firearm Dealer Stores
established in the City as of the date of this Ordinance.
Section 7: Enforcement
The City may enforce any provision of this Ordinance by mandamus, injunction, or any other
appropriate civil remedy in any court of competent jurisdiction.
Section 8: Term
Unless earlier terminated by the City, this Ordinance shall be effective for 12 months from its
effective date and may be further extended for such additional periods as the City deems
appropriate and necessary, as allowed by State Statute.
Section 9: Severability
Every section, provision, sentence, or phrase of this Ordinance is separate from every other
section, provision, sentence, or phrase of this Ordinance. If any section, provision, sentence, or
phrase is adjudicated to be invalid by a court of competent jurisdiction, preempted by state or
federal law, or otherwise held invalid, such judgment shall not invalidate any other section,
provision, sentence, or phrase of this Ordinance.
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Section 10: Effective Date
This Ordinance shall be in force and effect immediately upon its passage and approval and
publication of a summary hereof.
Section 11. Penalty Provisions
City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though
repeated verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 121h day
of June, 2018, and finally read and adopted and ordered published at a regular meeting of the
City Council on the 171h day of July, 2018.
ADOPTED by the City Council on July 17,2018.
ncy ra L ens, yor
ATTEST:
Kat Teen orta, City Clerk
Published in the Eden Prairie News on the 261h day of July, 2018.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 14-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TO
TEMPORARILIY IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ANY
NEW LICENSED FIREARM DEALER STORES AND AUTHORIZING A STUDY OR
STUIDES TO RECOMMEND WHETHER ANY AMENDMENTS TO CITY CODE ARE
NECESSARY
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance imposes a temporary moratorium on the establishment of any
new Licensed Firearm Dealer Stores and authorizes a study or studies to recommend whether
any amendments are necessary to City Code for the health, safety, and welfare of the community.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
-A-L 'r
K h een Porta, City Clerk N ncy -Lull ns, l r
PUBLISHED in the Eden Prairie News on July 26, 2018.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
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County of Hennepin )
CITY of M9-41M
Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
� publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly 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
newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
amended.
LI FIT2E EALER (B)The printed public notice that is attached to this Affidavit and identified as No. 33
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was published on the date or dates and in the newspaper stated in the attached Notice and said
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Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
AMENDMENTS TD CITY CODE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
ARE°NECISS `""'""'"— -- and publication of the Notice:
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.97 per column inch