7. Ordinance Amendment to Chapter 11 Concerning Firearms and City Shooting Boundary Map RevisionJ
MEMORANDUM
CITY OF 7
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor Don Chmiel and City Council
Don Ashworth, City Manager
FROM: Scott Harr, Public Safety Director ;
DATE: April 27, 1994
SUBJ: An Ordinance Amending Chapter 11 of the Chanhassen City Code
Concerning Firearms; and, City Shooting Boundary Map Revision
This memo is to recommend that the City Council consider the attached ordinance amending
Chapter 11 of the Chanhassen City Code concerning firearms, and the attached revised Shooting
Boundary Map.
BACKGROUND
As the City of Chanhassen has continued to develop, an issue that has been confronted is that
of shooting boundaries. As more, Ad more housing develop is and commercial establishments
have come to town, what used to be "out of the way hun areas" have become part of the
development. As a result, Ncomplaints, are increasing.
:.
While we have h d Jt� ,. er ate concerns.
Neighborhood deve ments that are adjacent to hunting area cause resi en 11 be concerned
with not only the noise: r6 also with safety. This is particularly distressin o eople who move
into Chanhassen from the suburbs who`°have rio . experience:,th.hun " g being allowed so close
to their homes.
We have done a number of things to respond procedurally. We have tightened up the process
by which people acquire their hunting permits, as well as having reviewed the shooting map
annually (allowing it to continue to limit itself by virtue of shooting not being, allow rf on Platted
property, within :iuu teet of roads, streets, highways, and trails, etc.)'. But because of continued
concerns, including those of the Public Safety Commission, a goal for 1993 was to formally
review the Shooting Boundary Map.
' Two public hearings were held in 1993, and information has continued to be solicited from the
public. Articles were printed in the Villager newspaper, and the Commission met with
representatives from the Carver County Sheriff's Department and the Department of Natural
' Resources. A number of Commission meetings had this issue on the agendas, and there was a
Commission work session held to develop a revised map. The existing ordinance dealing with
' firearms was also reviewed, as it was suggested that this could be amended so as to provide
better control by the City.
ANALYSIS
It has been the philosophy of the Public Safety Department to support recreational activities in
' Chanhassen so long as safety hazards do not override the benefits of having these activities
continue. As an example, we have continued to work closely with the local snowmobile club,
the Sheriff's Department and the Department of Natural Resources so as to permit snowmobiling
to continue being an activity that people may enjoy in Chanhassen, while making sure that public
safety concerns are addressed so that it remains a safe sport.
This is the case with hunting as well. The concerns that we have heard from the Community
regarding hunting are twofold. First, people simply want to make sure that hunting does not
occur at an unsafe distance from homes and businesses. Frankly, we had a stronger response at
the two public hearings from hunters, who pointed out that Chanhassen has a very safe record,
and that hunting should continue to occur. All issues presented at the hearings were taken into
consideration by the Commission, along with concerns I had in my file that have been made to
' us over the years.
Also addressed by the Commission was the issue of wildlife management. Issues that have
remained a concern in Chanhassen are the increased goose population which has caused
problems, and the size of the deer population, which also has problems associated with it (not
the least of which are increasing car/deer accidents in the metro area).
Also discussed by the Commission was the issue of controlling the use of shotgun slugs used by
' hunters. The possibility of permitting slug shooting only from tree stands was discussed, so that
the slug projectile would always be going down. Because of the limited area of deer hunting,
it was decided that this was not a regulation that is necessary at this time.
There are some property owners in town that have shared with us the damage that deer are
causing. The Mike Gorra property located to the south and west of Lake Ann and Lake Ann
I Park is one, and the Halla Nursery is another. They have asked for permission to control deer
Mayor, City Council
Don Ashworth
April 27, 1994
Page 2
' Two public hearings were held in 1993, and information has continued to be solicited from the
public. Articles were printed in the Villager newspaper, and the Commission met with
representatives from the Carver County Sheriff's Department and the Department of Natural
' Resources. A number of Commission meetings had this issue on the agendas, and there was a
Commission work session held to develop a revised map. The existing ordinance dealing with
' firearms was also reviewed, as it was suggested that this could be amended so as to provide
better control by the City.
ANALYSIS
It has been the philosophy of the Public Safety Department to support recreational activities in
' Chanhassen so long as safety hazards do not override the benefits of having these activities
continue. As an example, we have continued to work closely with the local snowmobile club,
the Sheriff's Department and the Department of Natural Resources so as to permit snowmobiling
to continue being an activity that people may enjoy in Chanhassen, while making sure that public
safety concerns are addressed so that it remains a safe sport.
This is the case with hunting as well. The concerns that we have heard from the Community
regarding hunting are twofold. First, people simply want to make sure that hunting does not
occur at an unsafe distance from homes and businesses. Frankly, we had a stronger response at
the two public hearings from hunters, who pointed out that Chanhassen has a very safe record,
and that hunting should continue to occur. All issues presented at the hearings were taken into
consideration by the Commission, along with concerns I had in my file that have been made to
' us over the years.
Also addressed by the Commission was the issue of wildlife management. Issues that have
remained a concern in Chanhassen are the increased goose population which has caused
problems, and the size of the deer population, which also has problems associated with it (not
the least of which are increasing car/deer accidents in the metro area).
Also discussed by the Commission was the issue of controlling the use of shotgun slugs used by
' hunters. The possibility of permitting slug shooting only from tree stands was discussed, so that
the slug projectile would always be going down. Because of the limited area of deer hunting,
it was decided that this was not a regulation that is necessary at this time.
There are some property owners in town that have shared with us the damage that deer are
causing. The Mike Gorra property located to the south and west of Lake Ann and Lake Ann
I Park is one, and the Halla Nursery is another. They have asked for permission to control deer
Mayor, City Council
Don Ashworth
April 27, 1994 ,
Page 3
on their property, which the Commission has acknowledged by recommending that bow and '
arrow hunting be permitted on those properties.
Mr. Ben Gowan owns property located immediately south of the 64th street cul -de -sac just west '
of Hwy 41, where he operates a commercial flower growing operation which he says sustains
damage from deer as well. The Commission has not endorsed his request to permit shooting on
his property because of the small size of this parcel, the proximity to the park and highway (see ,
attached memo from the Engineering Department), together with the fact that there are so many
deer at the regional park that it would be arguably difficult to control. Also, deer shot with ,
arrows do not generally drop where they are hit, but continue moving until they die, and could
find themselves getting onto the highway or even onto the Minnetonka Intermediate School
property. Mr. Gowan takes strong issue with this recommendation by the Public Safety ,
Commission.
The Public Safety Commission has also heard testimony from the Capable Partners Group, which
assists handicapped hunters in getting out and enjoying the sport with escorts. We have - had a
great deal of success with this group and the Commission initially recommended that they be
permitted to hunt waterfowl in areas north of Hwy 5 on parcels that were three acres or greater '
in size. The City Attorney does not recommend that we include in our ordinance permission for
one specific organization to hunt, although it would be endorsing a group that we have had
success with while helping limit the waterfowl population that does cause problems north of Hwy
5. The Public Safety Director expressed his concern to the Commission about the City allowing
hunting on property otherwise listed as non - hunting areas, because of the problems created when
discretion is permitted with these types of permits (how does one ultimately decide who ,
should/shouldn't get permits). However, the Commission did request that the proposed ordinance
amendment provide the Public Safety Director with the authority to permit controlled hunts if
necessary. '
RECOMMENDATION I
It is the recommendation of the Public Safety Commission that the City Council accept the
attached ordinance amendment concerning firearms and the attached map a"s the official map
indicating where hunting/shooting is and is not permitted. The ordinance amendment provides '
more clear and concise definitions; provides the Public Safety Director with the authority to
permit controlled hunts if necessary; and prohibits the shooting of bow and arrow within 500' '
of roads, streets, trails or buildings (state statute does not so prohibit). The changes from the
existing map are that current and platted developments have been excluded from areas that are
permitted; the Gorra and Halla properties have been included for bow and arrow hunting only I
t
Mayor, City Council
Don Ashworth
April 27, 1994
Page 4
during deer season (as indicated by areas with the broken lines on the map); and a parcel off of
Bluff Creek and Pioneer Trail opened, which had been previously closed for a reason nobody
knows, but the owner had requested it be reconsidered. There was no reason that it should not
be opened. Also shaded on the map are the 500' areas in which shooting is not permitted.
With the understanding that the Public Safety Commission will continue to review the map on
an annual basis to see to it that platted areas and developments are kept out of shooting areas,
it is the recommendation of the Public Safety Commission and staff that the attached map be
accepted by the City Council as the official shooting boundaries map.
ATTACHMENTS
• Proposed Ordinance Amendment
• Memo from Engineering Technician, Dan Remer, regarding the Benjamin Gowen Property
• Existing Permit Application & Shooting Boundary Map
• Existing City Ordinance
\huntshot.mem
PROPOSED ORDINANCE AMENDMENT
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
read:
AN ORDINANCE AMENDING C HAPTER 11 OF THE
CHANHASSEN CITY CODE CONCERNING FIREARMS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1 . Section 11 -2 of the Chanhassen City Code is amended in its entirety to
Sec. 11 -2. FIREARMS.
(a) The following definitions apply to this section.
1
Approved firearms sgfety course means a program of instruction in the safe and '
proficient use of any firearm which is sponsored:
(1) By any accredited private or public school system; or
(2) By the commissioner of natural resources pursuant to Minnesota
Statutes section 97.81.
13549
x05/03/94
Carry means the handling or transportation of a firearm concealed or otherwise
outside a person's domicile.
Dangerous weapons mean slingshots, clubs, blackjacks, spring guns, brass or metal
knuckles or any knife with a switch blade which opens automatically under spring
pressure with a button or release mechanism or by any other mechanical contrivance.
Dismantled firearm means any unloaded firearm or bow which is dismantled in such
a manner so as to prevent shooting.
Encased firearm means any unloaded firearm or bow, placed in a case which is tied
or otherwise secured in the manner provided, to prevent shooting it.
Krearm means any gun, pistol, rifle, shotgun, B -B gun, pellet gun, bow, or any
device capable of discharging arrows, slugs or blanks, metal projectiles or paint.
Landowner means any person, group, firm or corporation owning, leasing or legally
controlling any lands within the territorial limits of the City.
11
f,
C
Parent or guardian means the natural or adoptive parent of a 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 the person has in his /her possession or
under his /her control any firearm.
'
Shooting eans the firing or discharge f
g g arge o any firearm.
' Suitable backstop means any natural or manmade barrier of sufficient mass, size or
construction to wholly contain the projectile being discharged.
Written permission requires that the following information must be included: The full
name, address, date of birth and signature of the person authorized to hunt or shoot;
' the full name, address and signature of the landowner.
(b) Use of Firearms Without a Permit. The shooting or carrying of firearms
which are not encased or dismantled is allowed without a permit from the City under the
following circumstances, so long as no innocent party is endangered, unless otherwise
prohibited by State or Federal law:
(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) For the destruction or control of animals or birds for the welfare or
public safety of the community if authorized to do so in writing by the
' Director of Public Safety.
(7) By any person possessing, transporting or carrying handguns as
' specifically allowed by State law.
(8) By any person slaughtering farm animals which they own or with the
' owner's permission.
' 13549 2
x05/03/94
Use of Firearm B Permit. A person may shoot r fi(c ) y pe y o carry a rearm which is
not encased or dismantled pursuant to a permit issued by the City under the following '
conditions, unless otherwise prohibited by State or Federal Law:
(1) No gun, pistol, rifle, shotgun, B -B gun, pellet gun may be discharged
'
within five hundred feet (500') 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.
'
(2) No bow may be discharged within five hundred feet (500') 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.
a. The individual has been issued a valid firearms safety course
,
(3) No permit shall be issued for the area indicated on the map,
incorporated herein, on file in the City Clerk's office where firing
'
weapons is prohibited unless so authorized by this ordinance. The map
'
may be amended from time to time by motion of the City Council.
'
(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 by resolution shall be paid to the City.
,
2 No permit shall be issued for period exceeding one
() Pe Pe g 1 () Y ear.
(3) No permit shall be issued to any person under sixteen (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 Minnesota Statutes section 97.81; and
'
b. The individual is at least fourteen (14) years of age.
'
(e) Prohibitions. Except as specifically allowed in subsections (b) and (c):
(1) The carrying of an uncased firearm in a motor vehicle, in a place or
,
area open to the public or in any private place or area unless the
private place or area is owned by the person carrying the firearm or
with the owner's permission, is prohibited.
'
(2) The shooting of a firearm is prohibited.
13549 3 ,
x05/03/94
(3) Carrying or shooting a firearm by any person under the age of sixteen
(16) is prohibited except when accompanied by a parent, adult guardian
or certified safety training instructor.
(d) Dangerous Weapons:
(1) Weapons prohibited: No person shall wear under his /her clothes,
conceal about his /her person or within a motor vehicle, display in a
threatening manner, or sell, offer for sale or carry or use any
dangerous weapon.
(2) Exceptions: The prohibition of this Section shall not be construed to
forbid any law enforcement officer from carrying or using dangerous
weapons in the proper discharge of his /her duties.
SECTION 2 . Section 11 -3 is repealed in its entirety.
SECTION 3 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED by the Chanhassen City Council this day of
1994.
ATTEST:
Don Ashworth, Clerk/Manager
(Published in the Chanhassen Villager on
13549
r05/03/94
4
Donald J. Chmiel, Mayor
1994.)
CITY of
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Scott Harr, Public Safety Director
FROM: Dan Remer, Engineering TechnicianT
DATE: March 25, 1994
SUBJ: Benjamin Gowen Property
Pursuant to your request, I have laid out an measured on the map Mr. Gowen's property in order
to determine distances. The width of the lot is approximately 426 feet + or -, the length of the
north property line is 799 feet + or -, and the length of the south property line is 40 rods (660
feet).
From the east boundary and west boundary, the 500 foot measurement from either direction
overlaps. In making the measurement on the east side of the property, I gave him the benefit of
the doubt by actually starting my measurement from the center line of state Hwy 41 right of way,
rather than actually from his property line.
There would be no area available for shooting that would be beyond 500 feet anywhere on the
property from platted, ` land; park land; or, state highways. Also, please note that the Minnetonka
school property is directly east :of >the Gowen parcel across Hwy 41.
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CITY OF
CHAKHASSrx
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor Don Chmiel
FROM: Scott Han, Public Safety Director
DATE: July 20, 1993
SUBJ: Public Announcement Request
Mayor:
Could I ask that you read this public announcement at the next two City Council meetings (July
26 & August 9).
I WOULD LIKE TO MAKE A PUBLIC'ANNOUNCEM
COMMISSION WILL BE HOLDING A�WBLIC HEARI
& HUNTING BOUNDARIES WITHIN THE CITY O
HEARING WILL BE HELD IN THE COUNCIL CHAN
AUGUST 12, FROM 6 PM TOE PM. IF YOU HAVE
YOU WOULD LIKE TO BRING TO OUR ATTENTI
SHOOTING & HU OUNDARIES WITHIN THE
THE AUGUST 12 Pt1BL�IC °SA � ° � MMISSION PIJ
PM IN THE CO�C:IIHAMBERS: MIVBSSG
JT THAT THE PUBLIC SAFETY
3 ON THE ISSUE OF SHOOTING
CHANHASSEN. THIS PUBLIC
ERS ON THURSDAY EVENING,
a Y THOUGHTS OR CONCERNS
9 REGARDING THE ISSUE OF
[TY, PLEASE PLAN TO ATTEND
JIC HEARING FROM 6 PM TO 7
tp,LL &LSO.A EPT WRITTEN
..
COMMENTS, WHIG ., "AY BE SUBMITTED TO THE PUBLIC SAFE T - - - '-�IRECTOR AT
. .
CITY HALL. ANY Q fiS QNS SHOULD BE DIRECTED T kV� I SAFETY
DIRECTOR SCOTT HARR AT CITY T° 937- J900a- : -111— A
4IFf
t10 PRINTED ON RECYCLED PAPER
MEMORANDUM
c:i'l °) OF (AIANIIASSI :.N SHOGI'ING A 11PL1CATI()1 /PERMI"I,
69:0 Coulter Drive
C hanhasscn, MN 55317
YOU AIU: RLDU I RED TO CARRY 111 I S
PU?M I T SHOOTING AND A COPY MUST
131" PLACED ON THE DASH OF YOUR VID11CLE
PLCASr.. PRINT FULL NAkfE:
Name:
First Middle Last
Address:
Date of Birth:
Peron t No.
Fee:
EXISTING PERMIT APPLICATION
Gun Safety Cert. Number: * — ---_
Telephone• / W)
,Address /Legal Description of Property You Propose to Use Weapon:_
I Describe * Weapon,(Shotgun & Bow /arrow only):
Make Model
Mfg.
tescribe Vehicle That Permit Holder Will Use When Hunting:
Lic Make Color
�urpose for Which Permit is Requested:
ength of Time for Which Permit is Requested (One Year Maximum):
t ill out below if you are using the weapon on property not owned by yourself:
I, the owner of the property for which this permit is requested, authorize
to shoot on my property as described above.
gnature of Land Owner:
making this application, I understand that this permit does not invalidate any
laws or absolve me from any safety requirement other
or
viewed the permit illegal trespassing. I have
map on the reverse side of this permit, and am aware of the no shooting
leas as indicated on said map.
Signature of Applicant
j ert if icate number required for persons under 16 s person)under 16, the application must be si Years of age. Additionally, for per-
;nature to be made in fined by the young adult s parent or guardian
.
Signature of Parent /Guardian
U>�er the provisions of Ordinance 9B Permit is hereby ____
described above and is valid until eby granted for the purposes
SEE ' REVERSE SIDE
Scott Harr, Public Safety Director
_ ( f iE)(I$TIN TIN
— � • � � >, �n3 ` �\ \ � I,�/ 4 � � � r i . any '—<•i '>`y
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1
:n addition to those areas -
nd i ca t ed on t h i s rnap , no -
:hootirig is allo�fd:
On ark%• platted lot.
On an tract of unp latted
j !
land of less than 3 acres.
V,'i thin 500 f t . of any bldg.
occupied by a human being or
by l i vestocl: or within 500
ft- o f arty stockade or corral
containing
no without ' "�> � ''' � � � �,, \;�::�' «: >. :- = s•:. > _ --
�.
the consent or permission of
the owner or occupant of such �" s...: aL� • < <
premises. - - --
4Ii tliin 500 ft. of arty road,
street or highway. -- �a� � • � ••• 6
In such other areas or under
such other circimistances as - --
shall be prohibited by State
ulations of the
law or reg - -�� --
Commissioner of Natural -
Resources of the State of - --
Minnesota. - - 7
I.
I ND I GATE ON THE ABOVE MAP TI IE PR OpERTY C I IVI I I CN YOU - WILL SIIOOT ING .
I have revie:ced th m
e above ap, and am aware of tlic no shooting 7 � O
areas as indicated in gray. a4AN {ASSEN
I i c r . -- -- -- - - --
1
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.CITY OF
690 COULIER DRIVE • PO BOX 147 •
CHANHASSEh. MINNESOTA 55317
(612) 937- i 900 • FAX (612) 937 -5739
NOTICE
When hunting. you Must place a copy of dn the dash of your veh our permit face -up
know you i<'le su that law enforcement agen.c[es
k have a permit (you [,lust still have
in u
the 2 -sided permit
yor possession). Thank �-
ou.
. 1
I n ut needed..on city
p
j f
b 1
h :o.ot� n s {
s .g
By Scott Harr
During the six years that I have commentary .
.been with Chanhassen Public ,
Safety, the issue of shooting and
hunting boundaries has been re- solicit input on the topic from
examined on an annual,basis. .residents. Because a previously '
Frankly, the city has receive.'d calls scheduled, public hearing in July
both requesting that .thes`e .bounda produced excellent input, .though
Ties be lessened or eliminated,. as lightly attended; the commission
well i s tieing opened up beyond -has decided to hold another public I
that which the,caty permits at this hearing from 6 to 7 p.m. on Thurs-
-� rime - �: day,'August 12; in the Chanhassen
\\ The"i'u`bliC�Safety Commission . City Cquncil Chambers. Written
has exaamu}ed the boundaries each comments will also be. accepted and
year, `recommending annually that ` ma the Public Safety
y be sent to ,
the official boundary map be,':: Duector, 69Q Coulter Dnve,
adjusted; which'has resulted in Chanhassen, MN,S5317 E ;.,�
i reducing the areas where :hunting A TMs >s as important rssue, and ,
and shooting are permitted as mQre 3 ° we $trongiy,recommend anyg -..
land has Seen. developed Others ; ;aIIirnents to lieprovi$ed to
,ns have in4uded prohibit ` comnmissmon,i'or'consideration. If
restrictio
w „. ` l free to
• ing•shciotin� did d�acent to you�ha�e any questions, ep
pazks sitd trail i ' t n act mew 9 7x190 4 �xg t., 7 t
,� �'liis year ekTublic � �
�vdhich series aa: an` ca :the --pu 9 e
as ry gj to theytY oouacil, ' fdirctor orthe o� C�anhas
..decided to: have a . hearing
public to " se>r)�": ' 1
(4) Is in a motor vehicle with parental consent for normal travel (with interstate travel
to, through or from the city being excepted in all cases);
(5) Is upon an emergency errand or other legitimate business directed by the minor's
' parent, guardian, or other adult having the lawful custody of the minor;
(6) Is on the sidewalk or boulevard of his residence.
(e) It shall be unlawful for any parent, guardian or other person having the lawful care,
custody or control of any minor under the age of eighteen (18) years to allow or permit any
such minor to violate the provisions of this section.
(f) It shall be unlawful for any person operating or in charge of any place of amusement,
entertaining or refreshment, or other place of business, to permit any minor under the age of
' eighteen (18) years to loiter in such place during the hours prohibited by law or ordinance.
611
1
EXISTING ORDINANCE
'
Chapter 11
MISCELLANEOUS PROVISIONS AND OFFENSES
Sec. 11 -1. Curfew for minors.
'
(a) No person -under the age of sixteen (16) years shall be on or be present in any public
street, alley, park or other public or quasi - public place in the city between the hours of 10:00
'
p.m. and 5:00 a.m. of the following day. .
(b) It is unlawful for any minor of the ages of sixteen (16) and seventeen (17) years to
loiter on or about any public street, alley, park or other public or quasi-public place in the city
between the hours of 12:00 a.m. and 5:00 a.m. of the following day.
(c) A "quasi- public place" is defined as an area in private ownership which is established
for the
'
convenience of members of the public as invitees or business visitors and shall include,
but shall not be limited to, parking lots, business establishments, shopping center areas,
school and church grounds or arcade amusement centers.
'
(d) Subsections (a) and (b) do not apply when the minor:
(1) Is accompanied by the minor's parent, guardian, or other person having the minor's
lawful care, custody and control;
(2) Is returning home by direct route from and within thirty (30) minutes after, a school
'
activity, an activity of a religious or supervised voluntary association, such as scouts,
4 -H, community leagues, fraternal and social clubs, etc., or other community events.
Examples of such events shall include but not be limited to, dances, community
'
celebrations and carnivals;
(3) Is in a place or returning home from such place, connected with and required by some
legitimate business, trade, profession or occupation in which the minor is permitted
'
by law to be engaged;
(4) Is in a motor vehicle with parental consent for normal travel (with interstate travel
to, through or from the city being excepted in all cases);
(5) Is upon an emergency errand or other legitimate business directed by the minor's
' parent, guardian, or other adult having the lawful custody of the minor;
(6) Is on the sidewalk or boulevard of his residence.
(e) It shall be unlawful for any parent, guardian or other person having the lawful care,
custody or control of any minor under the age of eighteen (18) years to allow or permit any
such minor to violate the provisions of this section.
(f) It shall be unlawful for any person operating or in charge of any place of amusement,
entertaining or refreshment, or other place of business, to permit any minor under the age of
' eighteen (18) years to loiter in such place during the hours prohibited by law or ordinance.
611
1
§ 11 1 CHANHASSEN CITY CODE
(g) This section shall not be construed as permitting the presence at any time of any
^'
person under eighteen (18) years in any place where this presence is now prohibited by law or
ordinance.
,
(h) Wherever the owner or person in charge or in control of any place of amusement,
entertainment, refreshment, or other place of business shall find a minor under the age of
eighteen (18) years loitering in such place of business during the hours prohibited by this
'
section, he shall immediately order such minor to leave, and if such minor refuses to leave
the place of business, the operator shall immediately inform the police department of the
violation.
'
(Ord. No. 43 -A, §§ 1 -6, 12- 19 -83)
Sec. 11 -2. Weapons generally.
'
(a) The following definitions apply to this section 11 -3.
Approved
'
shooting range means a shooting range approved under section 11 -3.
Approved weapons safety course means a program of instruction in the safe and proficient
use of any weapon sponsored:
'
(1) By any accredited private or public school system; or
(2) By the
,
commissioner of natural resources pursuant to Minnesota Statutes section
97.81;
and approved by resolution of the city council.
Parent or guardian means the natural or adoptive parent of a 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.
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, metal projectiles, or paint.
(b) Any person violating any of the provisions of this section shall be guilty of a misde-
meanor. In addition, any person violating the provisions of this section shall incur immediate
permit revocation and shall not qualify for reissuance of any weapon permit from the city
within a two -year period following the violation.
,
(c) It shall be a unlawful for any parent or guardian of any person unddr the age of
sixteen (16) years, knowingly to permit any such person to discharge any weapon within the
city in violation of this section.
(d) This section does not prohibit any firing or discharge of a weapon: ,
(1) When in lawful defense of person, property or family; or
(2) By a duly authorized officer of the law.
612
I
MISCELLANEOUS PROVISIONS AND OFFENSES § 11 -2
' (e) City council approval of an approved weapons safety course shall be given upon such
terms and conditions as the city council deems necessary and appropriate to protect the public
safety, health and welfare.
(f) No person shall carry uncased or discharge any weapon:
(1) Without a written weapons permit issued by the city;
' (2) Except in the areas designated for same on the map on file in the city hall.
No permit is required:
(1) For a person over twelve (12) years of age and under sixteen (16) years of age, who:
a. Has completed an approved firearm safety course; and
b. Carries certification of completion of the firearm safety course on his person; and
C. Is accompanied by a parent or guardian, to whom a valid permit has been issued
pursuant to this section;
(2) For a person under sixteen (16) years of age while participating as an enrolled pupil
in an approved weapons safety course, under the direct supervision of the course
instructor;
(3) For the discharge of weapons for target practice purposes within the confines of an
' approved shooting range;
(4) For pistol firing blanks used solely for timing of athletic events.
' (g) 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 by resolution shall be paid to the city.
(h) Except as otherwise provided, weapon permits for hunting may be issued only for
shotgun and bow and arrow use. No permit shall be issued to any person under sixteen (16)
' years of age, unless:
(1) He has been issued a valid firearms safety course completion certificate by the
commissioner of natural resources pursuant to Minnesota Statutes section 97.81; and
(2) He is at least fourteen (14) years of age.
' No weapons permit shall be issued for the area indicated on the map on file in the city hall
where the discharge of weapons is prohibited.
' (i) A permit shall be issued only if the city finds that the issuance of the 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 cop, shall be on applicant's person at all times while
using the weapon so licensed.
0) No permit shall be issued for a period exceeding one (1) year.
613
§ 11 -2 CHANHASSEN CITY CODE
:
(k) Weapon permits shall be personal to the applicant, and shall not be transferable from '
one (1) person to another, or from one (1) 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.
(Ord. No. 913, §§ 1 -9, 8 -3 -81)
State law reference — Discharge of weapons, M.S. § 609.60.
Sec. 11 -3. Shooting ranges.
(a) 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.
(b) No person shall operate a shooting range except between 10:00 a.m. and one -half hour '
before sundown or 9:00 p.m., whichever is earlier. The city council may specify shorter hours
for any shooting range.
(Ord. No. 913, §§ 1.02, 7, 8 -3 -81; Ord. No. 9 -C, § 1, 5- 20 -85) '
Sec. 11-4. Public possession or consumption of alcoholic beverages.
(a) The definitions in Minnesota Statutes section 340A.101 apply to this section. In this
section:
Public property shall mean any public street, highway, school ground, playground, or
other publicly owned property within the city except parks and lakes. '
Semipublic property shall mean an
P P P y y parking lot operated incident to any commercial use
of land, any auto service station, or any parochial or private school ground for which no
special on -sale nonintoxicating malt liquor permit has been issued by the city. '
(b) No person shall have in his possession while on public property or while on semi-
public property any bottle or receptacle which contains intoxicating liquor or nonintoxicating
malt liquor which has been opened, or the seal broken, or the contents of which have been '
partially removed.
(c) It shall be unlawful for any person to drink intoxicating liquor or nonintoxicating ,
malt liquor on any public property or semi - public property.
(Ord. No. 57, § 5.02, 6- 17 -75; Ord. No. 57A, § 1, 9- 20 -76; Ord. No. 2H, § 7.19, 4- 19 -82)
Cross references — Consumption of nonintoxicating malt liquor on premises when sale '
prohibited, § 10 -34; consumption of intoxicating liquor on licensed establishments after hours
of sale, § 10-82; removal of open containers of intoxicating liquor from licensed establish-
ments, § 10-85; alcoholic beverages in parks, § 14 -62.
Sec. 11-5. Littering.
(a) The definitions in section 11-4 apply to this section.
(b) No person shall dump or deposit bottles, broken glass, ashes, paper, boxes, cans or
refuse of any kind upon public property or semi - public property, except in trash containers
designated by the owners of the property. '
(Ord. No. 57, § 5.04, 6- 17 -75; Ord. No. 57A, § 1, 9- 20 -76)
Cross references —Solid waste, Ch. 16; litter in parks, § 14-66.
State law reference — Littering, M.S. § 169.42. '
[The next page is 6651
614
May 13, 1994
Mr. Ben Gowen
6440 Hazeltine Blvd.
Excelsior, MN 55331
Dear Mr. Gowen:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Attached please find the material that will be submitted to the City Council for the first reading
of the proposed ordinance change and consideration of the revised shooting map on Monday,
May 23, 1994; however, because occasionally sthe agenda does change, please call for agenda
confirmation. The City Council meeting begins at 7 :30 p.m., but frankly I do not know what
time this item will be addressed.
This letter is being sent to you because of its effect on your property, or because you have
requested a change regarding shooting on property, in the event you wish to contact me or
be present.
g- 'Wer/�h'shoao.Uv
.2.
Scott Harr
Public Safety
11
May 13, 1994
I
I
Mr. Mike J. Gorra
1680 Arboretum Blvd.
Chanhassen, MN 55317
Dear Mr. Gorra:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
Attached please find the material that will be subrn*tted to the City Council for the first reading
of the proposed ordinance change and consideration of the revised shooting map on Monday,
May 23, 1994; however, because occasionally I W* enda does change, please call for agenda
confirmation. The City Council meeting begins at 730 p.m., but frankly I do not know what
time this item will be addressed.
This letter is being sent to you because of �its effect on your property, or because you have
requested a change regarding shooting on your property, ` I . n the event you wish to contact me or
be present.
Sin
I
I
I
I
I
I
i1
I
r,-.\-&fctNab'*hootovdJtr
Ar
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May 13, 1994
Mr. Charles Webber
1560 Bluff Creek Drive
Chaska, MN 55318
Dear Mr. Webber:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Attached please find the material that will be submitted to the City Council for the first reading
of the proposed ordinance change and consideratiob of the revised shooting map on Monday,
May 23, 1994; however, because occasionally the agenda does change, please call for agenda
' confirmation. The City Council meeting begins at 7:30 p.m., but frankly I do not know what
time this item will be addressed.
�Ga
' This letter is being sent to you because of its effect on your property, or because you have
requested a change regarding shooting on your property; in the event you wish to contact me or
be present.
Si
f.
Scott Harr
Public Safety Director,,,
R ✓ ;Y'
I &Nufe qNs 6v600tordJtr
F
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May 13, 1994
1
Mr. Mike Mulligan
8501 Tigua Circle
Chanhassen, MN 55317
Dear Mr. Mulligan:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Attached please find the material that will be submitted to the City Council for the first reading
of the proposed ordinance change and consideratton of the revised shooting map on Monday,
May 23, 1994; however, because occasionally,, e agenda does change, please call for agenda
confirmation. The City Council meeting begins at 7:30 p.m., but frankly I do not know what
time this item will be addressed.
This letter is being sent to you because of p its effect on your property, or because you have
requested a change regarding shooting on your property,n the event you wish to contact me or
be present.
Sincere
Y• "i
Scott Han: t .
Public Safety
&.Ns&fct3NWshootmdAr
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Is
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t
May 13, 1994
I I ' ,
.1
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Halla Nursery
ATTN: Mr. Don E. Halla, President
10000 Great Plains Boulevard
Chaska, MN 55318
Dear Mr. Halla:
Attached please find the material that will be submitted to the City Council for the first reading
of the proposed ordinance change and cons idera' bon of the revised shooting map on Monday,
May 23, 1994; however, because occasionally the agenda does change, please call for agenda
confirmation. The City Council meeting begins at 7 :30 p.m., but frankly I do not know what
time this item will be addressed.
This letter is being sent to you because of its effect on, your property, or because you have
requested a change regarding shooting on your property, m the event you wish to contact me or
be present.
x
Sind
Scott Han
Public Safety Directo "r'
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