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1b. Approve Amendment to Chapter 11 re: Firearms and Setting Fees CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WIYW.ci .chanhassen. mn .us .11 MEMORANDUM TO: Todd Gerhardt, City Manager 4 fA fiG, rJ1t' FROM: Todd Hoffman, Park & Recreation Director Peter Anderley, Chanhassen Sgt. DATE: June 23, 2008 SUBJ: Approve Amendment to Chapter 11 of the Chanhassen City Code Concerning Firearms; and Amendment to Chapter 4 Concerning Fees PROPOSED MOTION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council amends Chapter 11 of the City Code concerning firearms, restricting the use of a firearm by permit to bow and arrow only, and amends Chapter 4 regarding fees to increase the permit fee to discharge a bow and arrow to $20.00." Approval of this item requires a simple majority vote of those City Council members present. Staff is recommending these amendments in response to rapid land use changes within the community, primarily the conversion of agricultural and rural areas into suburban neighborhoods. These changes will eliminate hunting within the community by use of a firearm. Hunting opportunities for whitetail deer by bow will be increased by the passage of these ordinance amendments, a change which will be welcomed by those seeking relief from property damage caused by over-browsing of whitetail deer. The elimination of firearm hunting is being recommended as a means of maintaining a safe environment for our residents and their families and to eliminate the disturbances caused by the discharge of firearms in close proximity to homes and neighborhoods. Limited properties remain on the city's existing firearm discharge map. ATTACHMENTS 1. Proposed Amendments to Chapter 11 of the City Code Concerning Firearms 2. Proposed Amendments to Chapter 4 of the City Code Regarding Fees 3. Existing Firearm Discharge Map 4. Proposed Bow & Arrow Discharge Map 5. Proposed Permit to Discharge a Bow for the Purpose of Hunting The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CHANHASSEN CITY CODE CONCERNING FIREARMS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Section 11-2 of the Chanhassen City Code is amended to read as follows: Sec. 11-2. Firearms. (a) Reserved. (b) Use oj firearms without a permit. The shooting of firearms 'Nithout a permit issued by the city is prohibited except as provided in this Section under the following circumsta-nces, unless otherwise prohibited by state or foderallaw: (1) By law enforcement officers in the line of duty or military personnel in the line of duty. (2) By any person to resist or prevent an offense which that person reasonably believes exposes himself or another to great bodily harm or death. (3) By any person for firing blanks used solely for timing of athletic events. (4) By any person while participating as an enrolled pupil in an approved firearms safety course, under the direct supervision of the course instructor. (5) By a certified firearms safety training instructor while participating in an approved firearms safety course. (6) By any person slaughtering farm animals which they own or with the owner's permISSIOn. (c) Use oj firearm by permit. A person may shoot a bow and arrowfirearm pursuant to a permit issued by the city under the following conditions, unless otherwise prohibited by state or federal law: (1) No gun, pistol, shotgun, BB gun, pellet gun, or bow may be discharged within 500 feet of any livestock, road, street, trail or building unless owned by that person or unless the person has the owner's written permission carried on his or her person. 137305vOl RNK:03/05/2008 1 (2) No bow may be dischargedfirearm may be discharged except on parcels ten acres or larges in size or smaller parcels if the City Manager or Manager's designee determines that a bow can be discharged safely on such such smaller parcel in tho areas designated in the City of Chanhassen Shooting Area Map, incorporated herein, on file in the city manager/city clerk's office "..here firing \veapons is permitted as authorized by this section. In the balance ofthe city, the discharge of a firearm is prohibited unless so authorized by this section. The map may be amended from time to time by motion of the oity council. (3) Only BB guns, pellet guns, shotguns, or bows may be discharged within the city limits pursuant to this section, unless specifically approved by the city manager/city clerk for the welfare or public safety of the community. (d) Permit application and conditions. (1) Application for any permit required by this section shall be made on forms furnished by the city. The applicant shall furnish the information required by the application. A fee for the permit in the amount established in chapter 4 of the City Code shall be paid to the city. (2) No permit shall be issued for a period exceeding one year. (3) No permit shall be issued to any person under 16 years of age, unless: a. The individual has been issued a valid firearms safety course completion certificate by the commissioner of natural resources pursuant to M.S. S 97.81. (e) Prohibitions. Except as specifically allowed in subsections (b) and (c): (1) The shooting of a firearm is prohibited. (2) Shooting a firearm by any person under the age of 16 is prohibited except when accompanied by a parent, adult guardian or certified safety training instructor. SECTION 3. This ordinance shall be effective immediately upon its passage. PASSED AND ADOPTED this of the City of Chanhassen, Minnesota. day of , 2008, by the City Council ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 137305vOl RNK:03/05/2008 , 2008). 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE CHANHASSEN CITY CODE REGARDING FEES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Section 4-15 of the Chanhassen City Code is amended by adding subparagraph 'T' to read as follows: CD Bow and arrow discharge permit: . . .$20.00 SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this of the City ofChanhassen, Minnesota. day of , 2008, by the City Council ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on , 2008). 139274vOl RNK:06/1 2/2008 . CITY OF CHANIIASSEN City of Chanhassen 7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317 (952) 227-11811Fax (952) 227-1190 Permit to Discharge a Bow for the Purpose of Hunting within the City of Chanhassen Date: Fee: $20.00 Receipt #: Discharge of a bow for the purpose of hunting, as permitted by Minnesota Department of Natural Resources Seasons, Rules and Regulations, is allowed on property containing a minimum of 10 contiguous acres of land with the signed permission of the property owner. No discharge is allowed: . Within 500 feet of any residential dwelling, livestock building or within 500 feet of any stockade or corral containing livestock without the permission of the owner or occupant of such premises; or within 500 feet of any road, street, highway, trail or park boundary. . In other areas or under circumstances as prohibited by state law or regulations of the Minnesota Department of Natural Resources. Note: All State licenses and permits for the species you are hunting must be obtained in addition to a city-issued Permit to Discharge a Bow within the City. City-issued permits are not required to hunt within the State of Minnesota Raquet Wildlife Management Area. NOTICE: YOU ARE REQUIRED TO CARRY THIS PERMIT WHILE HUNTING AND A COPY MUST BE PLACED ON THE DASH OF YOUR VEHICLE _(Applicant must initial) Name (print Full Name) Date of Birth: First Middle Last Address: Street City State Zip Home Phone: Work Phone: Cell Phone: Address/Legal Description of Property Where You Propose to Hunt: Size of Property in Acres: Describe Bow: Make Model Mfg. Describe Vehicle That Permit Holder Will Use When Hunting: Make & Model Color License No. I am owner of the property for which this permit is requested and authorize to hunt on my property as described above. Signature of Land Owner: Signature Print Name Address: Home #: Work #: In making this application, I understand that this permit does not invalidate any other laws or absolve me from any safety requirement or permit illegal trespassing. I have reviewed the map on the reverse side of this permit, and am aware of the no shooting areas as indicated on said map. Signature of Applicant: * Certificate number required for persons under 16 years of age. Additionally, for persons under 16, the application must be signed by the young adult's parent or guardian (signature to be made in person). Signature of Parent/Guardian Under the provisions of Ordinance 11-2, this permit is hereby granted for the purposes described above and is valid until Signature of City Manager: I~ D Parcels Over 10 Acres Hunting Map .---JL , 'f- , o 1,000 2,000 4.000 6,000 8,000 10,000 Feet - April, 2005 G:\ENG\.Ioleen\ParXslHuntin<JMspv-lunting Map.mxd ~j RXSOO<i Bow Hunting Only ~I Gun and Bow Hunting ~ ~ City of Chanhassen Shooting Area Map tf'-; + I:! ,- .", ,',' .;;-,' .;;i' /fY In addition to those areas indicated on this map, no shooting is allowed: 1. On any platted lot. 2. On any tract of unplatted land of less than 3 acres. 3. Within 500 feet of any building oCOJpied by human being or livestock or within 500 feet of any stockcade or corral containing livestock without the consent or permission of the owner or oCOJpant of such premises. 4. Within 500 feet of any road, street or highway. 5. In such other areas or under such other drcumstances as such be prohibited by state law or regulations of the Commission of Natural Resources of the State of Minnesota. 6. Within 500 feet of trails or parks. The areas shown are approximate only. The dty and its agents are not responsible for any inaCOJrades contained herein. Indicate on the map the property on which you will be shooting. I have reviewed the above map and am aware of the no shooting areas. Applicant Signature G:\ENG\Joleen\Parks\HuntingMap\2006Map\hunting .mxd