1b. Approve Amendment ot Chapter 11 of the Chanhassen City Code Concerning Firearms; and Amendment to Chapter 4 Concerning 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: 952227.1180
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
www.ci.chanhassen.mn.us
1-b
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Todd Hoffman, Park & Recreation Director
Peter Anderley, Chanhassen Sgt.
DA TE:
()~
/
July 28, 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 on properties
ten acres and larger, and shotguns with fine shot only on properties designated by
a firearm shooting area map, and amends Chapter 4 regarding fees to establish the
permit fee to discharge a bow and arrow or to discharge a firearm to $20.00
each."
Approval of this item requires a simple majority vote of those City Council
members present.
On June 23, 2008 the City Council was presented with a recommendation to
restrict firearm permits within the community for the purpose of hunting to bow
and arrow only. Upon hearing testimony that evening requesting that the
discharge of shotguns continue to be allowed, the Council tabled any action on
this item and directed staff to revisit this issue. Subsequently, staff has spoken
with three property owners concerning the use of shotguns on their property for
the purpose of recreation and hunting. All three would like to continue the
practice of utilizing shotguns; one has no objections to the elimination of deer
hunting using shotgun slugs, the other two are in favor of continuing the use of
shotguns utilizing "slugs" for deer hunting.
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 and roadways. These changes will eliminate
hunting within the community by use of a firearm utilizing "slugs" or similar
single projectile. 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 "slug" hunting is being recommended as a
means of maintaining a safe environment within the community. At a firing angle
The City of 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.
Todd Gerhardt
July 28, 2008
Page 2
of ten degrees, shotgun slugs travel 7,163 feet with additional ricochet potential of 949 feet. At
zero degrees of elevation, shotgun slugs travel 840 feet with a ricochet potential of 4,365 feet.
The total potential distance traveled from zero to ten degrees of firing is 5,205 feet to 8,112 feet,
or over lYz miles.
Pellets or fine shot fired from shotguns for the purpose of shooting upland game or waterfowl
also carry a considerable distance but lose velocity quickly. Beyond a distance of 300 feet the
likelihood of being injured from the firing of a shotgun firing pellets is minimized.
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. Proposed Permit Application and Map to Discharge a Firearm for the Purpose of Hunting.
4. Proposed Permit Application to Discharge a Bow for the Purpose of Hunting.
5. Raguet Wildlife Management Area Description and Map.
6. Letter from Tim Erhart, 9611 Meadowlark Lane.
c: John Klingelhutz, 1560 Bluff Creek Drive
Tim Erhart, 9611 Meadowlark Lane
Mark Thome, 1827 Valley Ridge Trail South
g:\park\th\hunting\firearm discharge permit changes ii.doc
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) Prohibition. The shooting of firearms is prohibited except as provided in this Section.
(b) Use of firearms. The shooting of firearms is allowed:
(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
permIsslOn.
(c) Use of bow and arrow by permit. A person may shoot a bow and arrow pursuant to a
permit issued by the city under the following conditions, unless otherwise prohibited by state or
federal law:
(1) No 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.
137305v04
RNK:r071l6/2008
1
(2) No bow may be discharged except on parcels ten acres or larger in size or smaller
parcels if the City Manager or Manager's designee determines that a bow can be
discharged safely on such smaller parcel.
(d) Use of shotgun by permit. A person may discharge a shotgun using only fine shot
pursuant to a permit issued by the City on property designated on the City's "firearm shooting"
map adopted by the City Council.
(e) 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 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.
(f) Prohibitions. Except as specifically allowed in subsections (b), (c) and (d):
(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 2. 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
, 2008)
g:\park\th\hunting\docs-# I 37305-v4-ord_firearms_Csec_l1- 2).doc
137305v04
RNK:r07/16/2oo8
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
subparagraphs "j" and "k" to read as follows:
(j) Bow and arrow discharge permit: . . .$20.00
(k) Shotgun discharge permit:. . . . . . . . . . . .. .$20.00
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
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
, 2008)
g:\park\th\hunting\docs-# 13927 4-v l-ord_fees_ - _chan.doc
139274vOl
RNK:06/12/2008
.
em OF
CIIAIIID
City of Chanhassen
7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317
(952) 227-1181/Fax (952) 227-1190
Permit to Discharge a Firearm for the Purpose of Hunting
within the City of Chanhassen
Date:
Fee: $20.00
Receipt #:
Discharge of a firearm (shotJ!un with fine shot onlv) for the purpose of hunting, as permitted by Minnesota Department of Natural Resources
Seasons, Rules and Regulations, is allowed on property designated on the City's Firearm Shooting Map shown on the reverse side of this
permit, with the signed permission of the property owner.
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 Firearm
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) First
Date of Birth:
Middle
Last
Address:
Street
City
State
Zip
Home Phone:
Work Phone:
Cell Phone:
*Gun Safety Certificate #:
Address/Legal Description of Property Where You Propose to Use Firearm:
Size of Property in Acres:
Describe Weapon (Shotgun only):
Make & Model
Manufacturer
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 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 Parenti Guardian:
Under the provisions of Section 11-2 of the Chanhassen City Code, this permit is hereby granted for the purposes described above and is valid until
Signature of City Manager:
g:\safety\form\shooting application-firearm. doc
City of Chanhassen
Firearm Shooting
Area Map
~ Firearm Hunting with Fine Shot Only
The areas shown are approximate only.
The city and its agents are not responsible
for any inaccurades 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\2008\Firearms\hu nting.mxd
.
arrOF
CIIAIIIIII
City of Chanhassen
7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317
(952) 227-1181/Fax (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 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.
· 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) First
Date of Birth:
Middle
Last
Address:
Street
City
State
Zip
Home Phone:
Work Phone:
Cell Phone:
AddresslLegal Description of Property Where You Propose to Hunt:
Size of Property in Acres:
Describe Bow:
Make
Model
Manufacturer
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.
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 Parenti Guardian:
Under the provisions of Section 11-2 of the Chanhassen City Code, this permit is hereby granted for the purposes described above and is valid until
Signature of City Manager:
g:\safety\form\shooting application-how. doc
WMA detail report: Minnesota DNR
Page 1 of 1
~~~~.MIn.a~GtiiL"~~~~~~@~"~~~""_"@,,,w____w,@,,_,,._,__,,,"~_@__"",,_
/ Department of Natural Resources
!-
---~-':J
$~~u,~b
WMA detail report
Additional Information:
. interactive
~Qygrtyp_gJ'!'1~J~
. rg~rg~tJQn~_QmPa_$$
New!M_ake
~Qm!.'!1enl$ on this
WMA's facilities or
habitat conditions.
Raguet WMA
County: Carver
Nearest Town: Shakopee
Area: 270 ac
Directions: From Shakopee, go 1/4 mile north
west on State Highway 101 across bridge from
downtown Shakopee. The WMA is on the west
side of the highway.
Description: This unit is entirely within the
floodplain of the Minnesota River. It contains
floodplain forest, wetland areas and grassland.
There is an access across the highway to the
Minnesota River. This unit is adjacent to the
boundries of the Minnesota Valley National
Wildlife Refuge. Many furbearers can often be
found on this WMA.
The management emphasis for this WMA is
directed towards maintaining and improving
habitat for wetland species.
Firearms hunting is restricted to shotgun with
fine shot only. Deer hunting is allowed by
archery only and only in designated areas
during established hunting seasons.
Recreation Opportunities:
Hunting options include: deer, small game,
forest game birds, pheasant, and waterfowl.
Wildlife viewing options include: wetland
wildlife, and forest wildlife.
mln-m
copyright notice I accessibility I linking I privacy
Questions?
1-888-MINNDNR
651-296-6157 in metro
j"f9_@d_!1!:_.$t~t~.m".y.$
http://www.dnr.state.mn.us/wmas/detail_report.html?map=COMPASS _MAPFILE&mode... 7/11/2008
Minnesota DNR - WMA Compass
Page 1 of 1
~
+
e
MAP lEGEND
~ Citi88 I; Towna
~ Il\/l Roade
D..... ...... LAke&c. & Rivel1l
llSZl snama
~ ~.... PlS Township$
llSZl PLS 8ecflona
~
close window
http://maps.dnr.state.mn. us/cgi -bin/mapserv48?map=/usr/local/www/docs _ maps/compass/... 7/11/2008
Tel: 952 368 3434
Tim A. Erhart
9611 Meadowlark Lane
Chanhassen, Minnesota 55317
E-mail: terhart(Ci)exlar.com
Fax: 952 368 4359
Honorable Mayor Tom Furlong,
Council members; Vicki Ernst
Jerry McDonald
Beth Tjornhom
Bryan Litsey
RECEIVED
JUL 1 0 2008
CITY OF CHANHASSEN
CC Todd Hoffmam, city park and rec director Todd Gearhardt, city manager.
Gentleman,
I appreciate the time taken to discuss the future of hunting on Chanhassen. As you know the
community has a long history of close ties to the land via farming, fishing, hunting, hiking,
horse riding and all sorts of outdoors activity. We all agree that outdoor activity is good for
both the body and spirit and is to be encouraged.
Regarding the subject of hunting we all seem to agree that bow hunting should be encouraged
and expanded to offer more outdoor activity opportunity. There seems to be no problem with
harvesting animals and birds for sport as long as the harvesting tradition of preparing the meat
is preserved. Neither do we seem to have a problem of using hunting as an effective method of
controlling our overpopulation of geese and deer. Yet some involved in this discussion seem to
think there is a problem with hunting using shotguns. Both methods hold a long tradition in
our area and culture and are effective at animal and bird control.
Maybe I missed something but in all that I've seen written about this and heard
discussed at the council meeting I can't seem to get a handle on what the problem is related to
shooting. We would all agree that the one thing we absolutely need to address is if we think
there is a problem regarding safety. As far as I can recollect I didn't hear anything about
safety concerns. I didn't hear that shot or arrows have been landing on people's houses. I
didn't hear that people were afraid. Again, I may have missed something.
What I remember hearing is that some residents living in adjacent areas where shooting is
permitted have called and asked if this activity is permitted. Nothing more. Maybe the real
problem is the lack of communications. In our city literature we are proud of all the outdoor
activity available for our residents. Do we mention anything about hunting?
I also heard a few folks say at the meeting that the time is approaching for ending shooting in
Chanhassen. On what basis is this conclusion made? If it's not for safety I don't know. If it's
for the occasional noise of the shotgun then I say I'd like to have the operation of lawn
mowers and motorcycles outlawed. Can we get the planes and helicopters to stop flying over
Chanhassen? If we're going to outlaw noise let's make our city truly quiet! We have to live
with other people and their activity whether we like it or not sometimes. This is a community.
To single one noise out and not the others is unfair.
I would submit that regarding the issue of shooting shotguns (specifically with bird shot) that
there is no problem to be solved today. I believe they are just as safe as bow and arrow.
While you might want to determine if slug shooting is safe (I really don't know-never shot
one) that further and/or future restrictions can be made when additional development
encroaches on those areas where shooting is currently allowed. Prior to this we should view
shooting as a positive tradition in our community and one that should be passed onto our
children. My nephew and a couple of friends hunt on my property. In addition I teach my kids
shooting with a clay pigeon thrower I have set up. I would hate to see this activity eliminated
for no real reason other than "it sounds like a good idea"
Thanks for the time taken to hear my thoughts.
Tim Erhart