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Ordinance 009bRev. 7-16-81 RHL CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 9B An Ordinance Prohibiting the Discharge of Firearms and Weapons Within the City of Chanhassen and For the Promotion of Safety and 40 General Welfare of the People, and repealing Ordinance 9A. THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Weapon Permit Required. Except as hereinafter provided, no person shall fire or discharge any weapon, as defined in this ordinance, within the corporate limits of the City of Chanhassen, Carver and Hennepin Counties, Minnesota, without obtaining a Weapon Permit therefor from the City Manager. Section 1.01. Weapon Defined. For purposes of this ordinance, "weapon" shall mean any gun, pistol, firearm, rifle, shotgun, B -B gun, pellet gun, bow, or any device capable of discharging arrows, slugs, or blanks or metal projectiles. Section 1.02. Weapon Permits Not Required on Certain Shooting Ranges. No weapon permit shall be required in the case of persons over sixteen (16) years of age, or persons under sixteen (16) years of age as provided by 52.06 herein, for the discharge of weapons for target practice 41purposes within the confines of an approved shooting range. For purposes of this section, an approved shooting range is any tract of land which has been approved by the City Council in the manner provided below. 1. City Council approval shall be required for any application for a shooting range for target practice purposes, whether public or private. Such approval shall be given only after a public hearing on each such application. Written notice of any such hearing shall be mailed by the Council to adjacent land owners at least two (2) weeks in advance of such hearing. Hours for any shooting range shall be no longer than from 10:00 A.M. until one half hour before sundown or 9:00 P.M., whichever is earlier. Shorter hours may be specified by the City Coucil for any shooting range. City Council approval shall be given in writing and shall specify the nature of the weapons to be used for target practice purposes, and shall be issued upon such terms and conditions as are deemed necessary and appropriate to protect the public safety, health, and welfare. 2. No public shooting range shall be located within any No Shooting Area. With respect to private shooting ranges located within No Shooting Areas, shooting shall not be permitted unless a member of the family at least twenty-one (21) years old is present. Section 2. Weapon Permit Application. Section 2.01. Application for Weapon Permit. Application for a weapon permit shall be in writing and upon forms furnished by the City Manager. Each application shall include: a. The name and residence address of the applicant; b. The legal description of the property upon which the applicant proposes to fire or discharge the subject weapon; • C. The period for which such permit is desired; d. A detailed description of the subject weapon, including make, model, and manufacturer; e. The purpose for which the permit is requested, such as hunting for a particular type of game, or target practice; f. Such other information as may be deemed by the City Manager or City Council to be helpful in protecting the safety and general welfare of the people; g. The application form shall include on its reverse side a City plat map with all No Shooting Areas permanently marked. The applicant must clearly indicate, prior to approval, on both the map on the reverse of the application and the original retained by the City, where applicant proposes to use the weapon listed. Applicant shall sign on the reverse of both copies that applicant has drawn in and understands the shooting area permitted. • Section 2.02. Permits to Be in Writing. Permits shall be in writing and shall be issued by the City Manager, provided, however, that such a permit shall be issued only if the City Manager finds that the issuance of such permit and the exercise of privileges derived therefrom will not endanger public safety, health and welfare. The permit shall be in duplicate, with the City retaining the original and the duplicate to be retained by the applicant. The duplicate copy shall be on applicant's person at all times while using the weapon so licensed. Section 2.03. Permit Duration. No permit shall be issued for a period exceeding 365 days. Section 2.04 Restriction�on Issuance of Permit. No weapon permit shall be issued to any person under sixteen 16) years of age, unless said person (a) has been issued a valid Firearms Safety Course completion certificate by the Commissioner of Natural Resources pur- suant to 597.81 of Minnesota Statutes, and (b) is at least fourteen (14) years of age. Section 2.05 Weapons for Which a Permit May be Issued. Except as •hereinafter provided in this ordinance, weapon permits for hunting may be issued only for shotgun and bow and arrow use. No permit shall be required for pistols firing blanks used solely for timing of athletic events. Section 2.06 Permits Not Required for Certain Minors. No weapon permit shall be required in the case of the following minors: -2- 1. Persons over twelve (12) years of age and under sixteen (16) years of age, only if: a. They have completed an approved firearm safety course; and b. certification of completion of such firearm safety course is carried on their person; and C. they are accompanied by a parent or guardian, to • whom a valid weapon permit has been issued pursuant to this ordinance. For purposes of this ordinance, a parent or guardian is the natural or adoptive parent of such person, the legal guardian of such person, or any other person over eighteen (18) years of age who has been selected by the natural or adoptive parent or legal guardian to supervise the person under sixteen (16) years of age while he has in his possession or under his control any weapon as defined in this ordinance. 2. Persons under sixteen (16) years of age while participating as an enrolled pupil in an approved Weapons Safety Course, under the direct supervision of the instructor of said course. For purposes of this ordinance, an Approved Weapons Safety Course is a program of instruction in the safe and proficient use of any weapon sponsored: a. by any accredited private or public school system; or b. by the Commissioner of Natural Resources pursuant to §97.81 of Minnesota Statutes, and approved by resolution of the City Council. Such City Council •approval shall be given upon such terms and conditions as the City Council deems necessary and appropriate to protect the public safety, health, and welfare. Section 2.07 Special Permits. 1. Subject to applicable state law and regulations, a two-month permit may be issued by the City Manager for the hunting of specified wild animals determined by the City Council by resolution to be a definite problem in a specified area and if it determines that such hunting is not detrimental to the public safety, health and welfare. 2. A one-year permit may be issued by the City Manager to an owner or lessee of land zoned as agricultural for the slaughter of domestic animals. 3. A one-year permit may be issued by the City Manager for the carrying of a .22 caliber rifle or a .22 caliber pistol for shooting trapped animals. • 4. A special permit may be issued by the City Manager for the sole purpose of bow target practice on platted lots or unplatted tracts of land upon compliance with the following conditions: a. The proposed target range shall be approved by the Carver County Sheriff's Office. -3- b. Adjoining property owners shall be notified by the City in writing ten (10) days in advance of the proposed date of issuance of said permit. C. In the event none of the adjoining property owners objects to the issuance of said permit, the permit may be issued upon expiration of the ten-day notice period. In the event any adjoining property owner • objects within said ten-day period to the issuance of said permit, the issuance of the permit shall be referred to the City Council for decision. 5. A special weapon permit shall be required for the private training of retrieving dogs employing pistols firing blanks only, subject, however, to the following conditions: a. The training of retrieving dogs employing pistols firing blanks shall be permitted only on tracts of unplatted land of not less than three (3) acres in size, and shall be permitted only between 10:00 A.M. and sundown, but in no event later than 9:00 P.M. b. The training of retrieving dogs for profit employing pistols firing blanks is prohibited. C. No such permits for the training of retrieving dogs shall be issued for use in the No Shooting areas of the City. • 6. Applications for any of the above special permits shall be on forms as described in §2.01 above. Section 2.08 Weapon Permits Not Transferable. Weapon Permits shall be personal to the applicant, and shall not be transferable from one person to another, or from one style of weapon to another, or from the location for which the subject weapon permit was issued, and no applicant shall use the subject weapon for purposes other than those specifically described in the permit therefor. Section 3. No Shooting Areas. Section 3.01 No Shooting Areas. Except as provided in 51.02 and 92.07 of this ordinance, no permit shall be issued for the discharge of any weapon, and no weapon shall be discharged or carried uncased within the following locations: a. All that part of the City of Chanhassen lying northerly of the center line of State Highway #5. • b. That part of the City of Chanhassen described as follows: Commencing at the intersection of Pioneer Trail and State Highway #101, thence southerly along State Highway #101 to its intersection with State Highway #212, thence westerly along State Highway #212 to its intersection with Bluff Creek Drive, thence northwesterly along Bluff -4- Creek Drive to its intersection with the southerly right -of way line of the Chicago & Northwestern Railroad, thence southwesterly along the southerly right-of-way line of said railroad to the western boundary line of the City of Chan hassen, thence northerly along said western boundary line to its intersection with Pioneer Trail, thence northerly and easterly along Pioneer Trail to its intersection with State Highway #101. •C. In areas used by the public, whether publicly or privately owned, including, but without limitation to, private neigh- borhood recreational areas, golf courses, the University of Minnesota Arboretum, public parks and such other public and quasi -public areas as shall be designated from time to time by resolution of the City Council. d. On any platted lot. e. On any tract of unplatted land of less than three acres. f. Within 500 feet of Lake Riley, except on those unplatted tracts of land of three acres or more adjoining the southern shore of Lake Riley. g. Within 500 feet of any building occupied by a human being or by livestock or within 500 feet of any stockade or corral containing livestock, without the consent or permission of the owner or occupant of such premises. h. Within 500 feet of any road, street, or highway. i. In such other areas or under such other circumstances as shall be prohibited by state law or regulations of the Commissioner of Natural Resources of the State of Minnesota. Section 3.02 Change in No Shooting Areas. The City Council, by ordinance duly enacted and published, may change the boundaries of the No Shooting Areas. Section 4. Parents Responsible for the Conduct of Their Children. It shall be a violation of this ordinance for any parent or guardian of any person under the age of sixteen (16) years, knowingly to permit any such person to discharge any weapon within the City of Chanhassen in violation of this ordinance. Section 5. Self -Defense. Nothing herein shall be construed to prohibit any firing or discharge of a weapon when in lawful defense of person, property or family; or by a duly authorized officer of the law. -5- Adopted by the City Council this 3rd day of August 1 1981. M3YOR Attest: • City C erk Manager Publish in Carver County Herald on August 12 1981. Section 6. Violation. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90) days, or both. In addition, any person violating the provisions of this ordinance •shall incur immediate permit revocation and shall not qualify for re - issuance of any weapon permit from the City of Chanhassen within a two- year period following said violation. Section 7. Fees. Fees for weapon permits and shooting ranges shall be determined by resolution of the City Council from time to time. Section 8. DNR Monitored Hunting. The City Council, by resolution, is empowered to make provisions during public hearings for "special Department of Natural Resources monitored hunting" to reduce wildlife overpopulation in No Shooting Areas on an "as necessary" basis. The City of Chanhassen shall send out written notices to adjacent property owners not less than ten (10) days prior to the commencement of the monitored hunting period. Section 9. Signs., The City of Chanhassen shall erect, and maintain on at least a •yearly basis, all shooting ordinance signs at City entrances and other locations where the signs are deemed necessary by the City Council. Section 10. Repeal. Ordinance No. 9A, entitled "An Ordinance Prohibiting the Discharge of Firearms and Weapons Within the City of Chanhassen and For the Promotion of Safety and General Welfare of the People," enacted January 4, 1977, is hereby repealed. Section 11. Effective Date. This ordinance shall take effect and be in force from and after its publication. Adopted by the City Council this 3rd day of August 1981. h f' MAY OR Attesaerk • City Manager Publish in Carver County Herald on August 12 , 1981. City of Chanhassen (8804 Official Publication) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 9B An Ordinance Prohibiting the Discharge of Firearms and Weapons Within the City of Chanhassen and for the Promotion of Safety and General Welfare of the People, and repealing Or- dinance 9A. THE COUNCEL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Weapon Permit Required. Except as hereinafter provided, no person shall fire or discharge any weapon, as defined in #lis or- dinance, within the corporate limits of the City of Chanhassen, Carver and Hennepin Counties, Min- nesota, without obtaining a Weapon Permit therefore from the City Manager. Section 1.01. Weapon Defined. For purposes of this ordinance, "weapon" shall mean any gun, pistol, firearm, rifle, shotgun, B -B gun, pellet gun, bow, or any device capable of discharging arrows, slugs, or blanks or metal projectiles. Section 1.02. Weapon Permits Not Required on Certain Shooting Ranges. No weapon permit shall be required in the case of persons over sateen (16) years of age, or persons under sixteen (16) years of age as provided by §2.06 herein, for the discharge of weapons for target practice purposes within the confines of an approved shooting range. For purposes of this sec- tion, an approved shooting range is any tract of land which has been approved by the City Council in the manner provided below. 1. City Council approval shall be required for any application for a shooting range for target practice purposes, whether public or private. Such approvac shall be given only after a public hearing on each such application. Written notice of any such hear- ing shall be mailed by the Council to adjacent land owners at least two (2) weeks in advance of such hearing. Hours for any shooting range shall be no longer than from 10:00 A.M. until one half hour before sundown or 9:00 P.M., whichever is earlier. Shorter' hours may be specified by the City Council for any shooting range. City Council approval shall be given in writing and shall specify the nature of the weapons to be used for target practice pur- poses, and shall be issued upon such terms and con- ditions as are deemed necessary and appropriate to protect the public safety, health, and welfare. 2. No public shooting range shall be located within any No Shooting Area. With respect to private shooting ranges located within No Shooting Areas, shooting shall not be permitted unless a member of the family at least twenty-one (21) years old is present. Section 2. Weapon Permit Application. Section 2.01. Application for Weapon Permit. Ap- plication for a weapon permit shall be in writing and upon forms furnished by the City Manager. Each application shall include: a. The name and residence address of the appli- cant; b. The legal description of the property upon which the applicant proposes to fire or discharge the subject weapon; c. The period for which such permit is desired; d. A detailed description of the subject weapon, including make, model, and manufacturer; e. The purpose for which the permit is requested, such as hunting for a particular type of game, or target practice; f. Such other information as may be deemed by the City Manager or City Council to be helpful in protecting the safety and general welfare of the people; g. The application form shall include on its reverse side a City plat map with all No Shooting Areas permanently marked. The applicant must clearly indicate, prior to approval, on both the map on the reverse of the application and the original re- tained by the City, where applicant proposes to use the weapon listed. Applicant shall sign on the reverse of both copies that applicant has drawn in and understands the shooting area permitted. Section 2.02. Permits to Be in Writing. Permits shall be in writing -and shall be issued by the City Manager, provided, however, that such a permit shall be issued only if the City Manager finds tha` the issuance of such permit and the exercise of privileges derived therefrom will not endanger public safety, health and welfare. The permit shall be in duplicate, with the City retaining the original and the duplicate to be retained by the applicant. The duplicate copy shall be on applicant's person at all times while using the weapon so licensed. Affidavit of Publication Sate of Minnesota ) ss. County of Carver ) - Stan Rb1 f s ru d -,being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its t rtal circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local uost�ffice. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 19636 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Legal #8804 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in We he F�nglish la1n, � a e, once each week, for 1 successive weeks; that it was first so published on - a the --__ - August 81 'Wednesday day of 19 and was thereafter printed and published on every to and including the 12 tky of Au � us t 19 8Ld that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit abedefghijklmnopgrstuvwxyz r' Subscribed and sworn to before me this day of A. NOLDEN ( 13�ai9` Nom -C - POINN`SOTA - - , 19 Notary public, __County, Minnesota My Commission Expires - -- =-- ,-� - 19 Section 2.03. Permit Duration. No permit shall be issued for a period exceeding 365 days. Section 2.04. Restriction on Issuance of Permit. No weapon permit shall be issued to any person under sixteen (16) years of age, unless said person (a) has been issued a valid Firearms Safety Course completion certificate by the Commissioner of Natural Resources pursuant to §97.81 of Minnesota Statutes, and (b) is at least fourteen (14) years of age. Section 2.05. Weapons for Which a Permit May be Issued. Except as hereinafter provided in this or- dinance, weapon permits for hunting may be issued only for shotgun and bow and arrow use. No permit shall be required for pistols firing blanks used sole- ly for timing of athletic events. Section 2.06. Permits Not Required for Certain Minors. No weapon permit shall be required in the case of the following minors: Persons over twelve (12) years of age and under sixteen (16) years of age, only if: a. They have completed an approved firearm safety course; and b. certification of completion of such firearm safety course is carried on their person; and c. they are accompanied by a parent or guardian, to whom a valid weapon permit has been issued pursuant to this ordinance. For purposes of this ordinance, a parent or guar- dian is the natural or adoptive parent of such per- son, the legal guardian of such person, or any other person over eighteen (18) years of age who has been selected by the natural or adoptive parent or legal guardian to supervise the person under sixteen (16) years of age while he has in his possession or under his control any weapon as defined in this ordinance. 2. Persons under sixteen (16) years of age while participating as an enrolled pupil in an approved Weapons Safety Course, under the direct supervi- sion of the instructor of said course. For purposes of this ordinance, an Approved Weapons Safety Course is a program of instruction in the safe and nroficient use of any weapon sponsored: a. by any accredited private or public school system; or b. by the Commissioner of Natural Resources pursuant to §97.81 of Minnesota Statutes, and approved by resolution of the City Council. Such City Council approval shall. be ryimen parr -such terms and conditions as the City Council deems necessary and appropriate to protect the public safety, health, and welfare. Section 2.07 Special Permits. 1. Subject to applicable s4.:ate law and regulations, a two-month permit may be issued by the City Manager for the hunting of specified wild animals determined by the City Council by resolution to be a definite problem in a specified area and if it deter- mines that such hunting is not detrimental to the 011hlic.safety, health and welfare. 2. A one-year permit may be issued by the City Manager to an owner or lessee of land zoned as agricultural for the slaughter of domesitc animals. 3. A one-year permit may be issued by the City Manager for the carrying of a .22 caliber rifle or a .22 caliber pistol for shooting trapped animals. 4. A special permit may be issued by the City Manager for the sole purpose of bow target practice on platted lots or unplatted tracts of land upon com- pliance with the following conditions: a. The proposed target range shall be approve' by the Carver County Sheriff's Office. b. Adjoining property owners shall be notified by the City in writing ten (10) days in advance of the proposed date of issuance of said permit. c. In the event none of the adjoining property owners objects to the issuance of said permit, the permit may be issued upn expiration of the ten day notice period. In the event any adjoining property owner objects within said ten-day period to the is- suance of said permit, the issuance of the permit shall be referred to the City Council for decision. 5. A special weapon permit shall be required for the private training of retrieving dogs employing pistols firing blanks only, subject, however, to the following conditions: a. The training of retrieving dogs employing pistols firing blanks shall be permitted only on tracts of unplatted land of not less than three (3) acres in size, and shall be permitted only between 10:00 A.M. and sundown, but in no event later than 9:00 P.M. b. The training of retrieving dogs for profit employing pistols firing blanks is prohibited. c. No such permits for the training of retrieving dogs shall be issued for use in the No Shooting areas of the City. 6. Applications for any of the above special per- mits shall be on forms as described in §2.01 above. Section 2.08. Weapon Permits Not Transferable. Weapon permits shall be personal to the applicant, and shall not be transferable from one person to another, or from one style of weapon to another, or from the location for which the subject weapon per- mit was issued, and no applicant shall use the sub- ject weapon for purposes other than those specifically described in the permit therefore. Section 3. No Shooting Areas. Section 3.01. No Shooting Areas. Except as pro- vided in §1.02 and §2.07 of this ordinance, no permit shall be issued for the discharge of any weapon, and no weapon shall be discharged or carried uncased within the following locations: A. All that part of the City of Chanhassen lying northerly of the center line of State Highway #5. b. That part of the City of Chanhassen described 0 as follows: C Commencing at the intersection of Pioneer Trail Z and State Highway #101, thence southerly along State Highway #101 to its intersection with State •1 Highway #212, thence westerly along State Highway #212 to its intersection with Bluff Creek Drive, thence northwesterly along Bluff Creek Drive to its intersection with the southerly right-of- way line -of thcc Chicago & Northwestern Railroad, thence southwesterly along the southerly right-of- way line of said railroad to the western boundary line of the City of Chanhassen, thence northerly along said western boundary line to its intersection with Pioneer Trail, thence northerly and easterly along Pioneer Trail to its intersection with State Highway #101. c. In areas used by the public, whether publicly or privately owned, including, but without limitation to, private neighborhood recreational areas, golf courses, the University of Minnesota Arboretum, public parks and such other public and quasi -public areas as shall be designated from time to time by resolution of the City Council. d. On any platted lot. e. On any tract of unplatted land of less than three acres. f. Within 500 feet of Lake Riley, except on those unplatted tracts of land of three acres or more ad- joining the southern shore of Lake Riley. g. Within 500 feet of any building occupied by a human being or by livestock or within 500 feet of any stockade or corral containing livestock, without the coxisent or permission of the owner or occupant of such premises. h. Within 500 feet of any road, street, or highway. L In such other areas or under such other cir- cumstances as shall be prohibited by state law or regulations of the Commissioner of Natural Resources of the State of Minnesota. Section 3.02. Change in No Shooting Areas. The City Council, by ordinance duly enacted and published, may change the boundaries of the No Shooting Areas. Section 4. Parents Responsible for the Conduct of Their Children. It shall be a violation of this ordinance for any parent or guardian of any person under the age of sixteen (16) years, knowingly to permit. any such person to discharge any weapon within the City of Chanhassen in violation of this ordinance. Section 5. Self -Defense. Nothing herein shall be construed to prohibit any firing or discharge of a weapon when in lawful defense of person, property or family; or by a duly authorized officer of the law. Section 6. Violation Any, person violating any of the provisions of this ordinance shall be guilty of a misdemenaor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90) days, or both. In addition, any person violating the provisions of this ordinance shall incur immediate permit revocation and shall not qualify for a re -issuance of any weapon permit from the City of Chanhassen within a two-year period following said violation. Section 7. Fees. Fees for weapon permits and shooting ranges shall be determined by resolution of the City Coun- cil from time to time. r_ T_ 0 ►i Section 8. DNR Monitored Hunting. The City Council, by resolution, is empowered to make provisions during public hearings for "special Department of Natural Resources monitored hunting" to reduce wildlife overpopula- tion in No Shooting Areas on an "as necessary" basis. The City of Chanhassen shall send out written notices to adjacent property owners not less than ten (10) days prior to the commencement of the monitored hunting period. Section 9. Signs. The City of Chanhassen shall erect, and maintain on at least a yearly basis, all shooting ordinance signs at City entrances and other locations where the signs are deemed necessary by the City Council. Section 10. Repeal. Ordinance No. 9A, entitled "An Ordinance Pro- hibiting the Discharge of Firearms and Weapons Within the City of Chanhassen and For the Promo- tion of Safety and General Welfare of the People," enacted January 4, 1977, is hereby repealed. Section 11. Effective Date. This ordinance shall take effect and be in force from and after its publication. Adopted by the City Council this 3rd day of August, 1981. Thomas L. Hamilton Mayor Attest: Don Ashworth City Clerk/Manager (Pub. Carver County Herald August 12, 1981)