5b AdoptionOfCh11 MiscellaneousCITY OF
CHAN SEN
7700 Market Bouie,¢ard
PO Box 147
Char l~assen lvIN 55317
Administration
Phor'e: 952227 1100
Fax: 952227 1110
Building Inspections
Fax: 952 227 1190
EngineerinD
PI,gne: 9522271160
Fax: 952 227 1170
Finance
Park & Recreation
Phone: 952227.1120
Fax: 952 2271110
Recreation Center
2310 Coulter Boulevard
Phone 9522271400
Fax: 952 2271404
Planning a
Natural Resources
Pn9ne: 952227 1130
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Public Works
1591 Park Road
Phone: 9522271300
Fax 9522271310
Senior Cenler
PP,'sne 9522271125
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Web Site
z~¥~',' c onar~!:asser~ mn us
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Todd Gerhardt, City Manger
Bob Generous, Senior Planner
March 22, 2004
Adoption of Ordinance, Chapter 11, Chanhassen City Code,
Miscellaneous Provisions and Offenses
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment ordinance.
BACKGROUND
The proposed changes to Chapter 11 have been reviewed previously by the
Chanhassen Planning Commission and City Council.
SUMMARY
Staff believes that these changes are primarily administrative, rather than
substantive, in nature and is recommending approval of the amendment. We have
expanded and revised the curfew ordinance to mirror the Carver County
Ordinance. Based on further discussion with the Sheriff's office and the city
attorney, we have reduced the amount of section 11-2 that is being repealed. The
change to section 11-4 makes the city code internally consistent.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance
amending Chapter 11 Miscellaneous Provisions and Offenses of the Chanhassen
City Code and approve a motion adopting the City of Chanhassen Shooting Area
Map dated March 17, 2004.
ATTACHMENTS
1. Ordinance Amending Chapter 11, Chanhassen City Code
2. Chapter 11 Miscellaneous Provisions and Offenses Strike-through and Bold
Format
3. Carver County Juvenile Curfew Flyer
4. Shooting Area Map dated March 17, 2004
g:\plan\bg\city code\cc memo ch I l.doc
The City of Chanhassen · A ¢trowmg comrnumty with clean lakes quality schools a channq~g do~,¥nt,::,'~%n !hriving businesses ,,,~,i i,] iq tra< and ~ ,' parks & c/recur pl~c lC: N~'e ~',',;,[k arid [sla!,
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11
CHANHASSEN CITY CODE,
MISCELLANEOUS PROVISIONS AND OFFENSES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Sectk)n 1. Section 11-1 (a) and (b) of the City Code, City of Chanhassen, Mhmesota, is
hereby mnended to read as fbllows:
(a) No person shall be on or present h~ any public street, alley, park or other public or
quasi-public place in the city between the tbllowing hours:
(1) Under the age of 12.
(i) 9:00 p.m. Sunday through Thursday to 5:00 a.~r~ of the tbllowing day, and
(ii) 10:00 p.n~ Friday and Saturday to 5:00 a.m. of the following day.
(2) Age 12 through 14.
(i) 10:00 p.m. Sunday ttu'ough Thursday to 5:00 a.m. of the tbllowh~g day, and
(ii) 11:00 p.m. Friday and Saturday to 5:00 a. nt of the fbllowing day.
(3) Age 15 through 17,
(i) 11:00 p. nt Sunday through Thursday to 5:00 a.m. of the ~bllowing day; m~d
(ii) 12:01 a.m. to 5:00 a.m. Saturday and Sunday
(b)
The fbllowing shall constitute valid exceptions to the operation of the curfew:
(1) At any thne, if a mh~or is acco~npanied by his or her parent or an authorized adult.
(2) At any time, if a lninor is involved in, or attempting to remedy, alleviate, or respond
to an emergency.
(3) If the minor is engaged h~ a lawful employment activity, or is goh~g to or returning
home from his or her place of employment.
(4)
If the minor is attending an official school, religk)us, or other social or recreational
activity supervised by adults and spon~red by a city or the county, a civic
orgmtization, or another similar entity that takes responsibility fbr the minor.
(5)
If the minor is going to or mtm~lhlg home fi'om, without any detour or stop, an
official school, religious, or other recreational activity supervised by adults and
sponsored by a city or the county, a civic orgmfization, or another similar entity that
takes resix)nsibility fbr the lninor.
(6) If the nfinor is on mi errand as directed by his or her parent, without any detour or
stop.
(7) If the minor is engaged in interstate travel.
(8)
If the mh~or is on the public fight-of-way boulevard or sidewalk abutth~g the mh~or's
residence or abutth~g the residence of the next-door neighbor if the neighbor has not
complained to the tx)lice department about the minor's presence.
(9)
If the minor is exercish~g First Amendment rights protected by the United States
Constitution (or those similar fights protected by Article I of the Constitutk)n of the
State of Minnesota), such as free exercise of religion, freedom of speech, and the
fight of assembly.
(10)If the mh~or is homeless or uses a public or semi-public place as Iris or her usual
place of abode.
Section 2. Section 11-1 (g) of the City Code, City of Chanhassen, Mim~esota, is hereby
amended to read as fbllows:
This section shall not be construed as permitth~g the presence at tu~y time of any person
under eighteen (18) years in any place where this presence is prohibited by law or
ordhmnce.
Section 3. Chapter 11, Section 11-2 (a) of the City Code, City of Chanhassen,
Mh~nesota, is hereby repealed.
Section 4. Section 11-2 (b) of the City Code, City of Chanhassen, Mim~esota, is hereby
mnended to read as follows:
(b) Use of firearms without a permit. The shooting of firearms without a permit issued
by the city is prohibited except under the following circumstm~ces, unless otherwise
prohibited by state or federal law:
(1) By law entbrcemem officers in the line of duty or military persom~el hi the line of
duty.
(2) By any person fbr firing blanks used solely fbr thning of athletic events.
(3) By any person wlfile participating as an enrolled pupil in ail approved firearms
safety course, under the direct supervision of the course instructor.
(4) By a certified firearms safety training instructor while participating in an
approved firearlns safety course.
(5) By any person slaughtering farln animals which they own or with the owner's
permission.
Section 5. Section 11 ~2 (c) of the City Code, City of Chanhassen, Mflmesota, is hereby
amended to read as tbllows:
(c) Use of firearm by permit. A person may shoot a firearm pursuant to a permit issued
by the city under the fbllowing conditions, unless otherwise prohibited by state or federal
law:
(1) No gun, pistol, shotgun, B-B gun, pellet gun, or bow may be discharged within
five hundred (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.
(2) No firearm may be discharged except in the areas designated in the City of
Chanhassen Shooting Area Map, incorporated herein, on file in the city manager/city
clerk's office where firing weapons is permitted as authorized by this section. In the
balance of the city, the discharge of a firearm is prohibited unless so authorized by
this section. The map may be amended fi'om time to tflne by motion of the city
council.
(4) Only B-B guns, pellet guns, shotguns, or bows may be discharged witl~h~ the city
limits pursuant to this section, unless specifically approved by the city manager/city
clerk tbr the welfare or public safety of the community.
Sectk)n 6. Section 11-2 (d) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as fbllows:
(d) Pemfit application and conditions.
(1) Application fbr any permit required by this section shall be made on fbrms
furnished by the city. The applicant shall furnish the infbrmation required by the
applicatk)n. A fee fbr 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 tbr a period exceeding one (1) year.
(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 pursum~t to Milmesota
Statutes section 97.81.
Section 7. Section 11-2 (e) of the City Code, City of Chanhassen, Mhmesota, is hereby
amended to read as fbllows:
(e) Prohibitions. Except as specifically allowed in subsections (b) mid (c):
(1) The shooting of a firearm is prolfibited.
(2) Shooting a firearm by any person under the age of sixteen (16) is prohibited
except when accompalfied by a parent, adult guardian or certified safety training
instructor.
Section 8. Section 11-4 (c) of the City Code, City of Chanhassen, Mim~esota, is hereby
amended to read as fbllows:
It shall be unlawful fbr any person to drhhk intoxicath~g liquor or 3.2 percent malt liquor
on any public property or semi-public property. However, 3.2 percent malt liquor may be
consumed at public parks.
Section 9. This ordinance shall be effective imlnediately upon its passage and
publication.
PASSED AND ADOPTED this 22nd day of March, 2004, by the City Council of
the City of Chanhassen, Mim~esota
Todd Gerhardt, City Manager
Thomas A. Furkmg, Mayor
(Published in the Chanhassen Villager on
4
Chapter 11 Miscellaneous Provisions and Offenses
Sec. 11-1. Curfew Ibr Miuors
(a) No perSOll ....,.,,~,~,~ ,n~,~ ..... ~s'~ ,,.c ~,.~."; ....... ( ~, <x~j yc~:; shall ~ on or present h~ any public
street, alley, p~k or other public or quasi-public place M the city between the
(1) Under the age of 12.
(i) 9:00 p.m. Sunday through Thursday to 5:00 a.m. of the following day,
and
(ii) 10:00 p.m. Friday and Saturday to 5:00 a.m. of the following day.
(2) Age 12 through 14.
(i) 10:00 p.m. Sunday through Thursday to 5:00 a.m. of the following day,
and
(ii) 11:00 p.m. Friday and Saturday to 5:00 a.m. of the following day.
(3) Age 15 through 17,
(i) 11:00 p.m. Sunday through Thursday to 5:00 a.m. of the following day;
and
(ii) 12:01 a.m. to 5:00 a.m. Saturday and Sunday
(b)
~,~r~[, .... ~, park or
~. ~e bBowing shall constitute v~d excepfio~ to ~e operation of the
curfew:
(1) At any time, if a minor is accompanied by his or her parent or an authorized
adult.
(2) At any time, if a minor is involved in, or attempting to remedy, alleviate, or
respond to an emergency.
(3) If the minor is engaged in a lawful employment activity, or is going to or
returning home from his or her place of employment.
(4)
If the nfinor is attending an official school, religious, or other social or
recreational activity supervised by adults and sponsored by a city or the
county, a civic organization, or another similar entity that takes responsibility
for the minor.
If the minor is going to or returning home from, without any detour or stop, an
official school, religious, or other recreational activity supervised by adults and
sponsored by a city or the county, a civic organization, or another similar entity
that takes responsibility for the minor.
(6) If the minor is on an errand as directed by his or her parent, without any
detour or stop.
(7) If the minor is engaged in interstate travel.
(8)
If the minor is on the public fight-of-way boulevard or sidewalk abutting the
minor's residence or abutting the residence of the next-door neighbor if the
neighbor has not complained to the police department about the minor's
presence.
(9)
If the minor is exercising First Amendment rights protected by the United
States Constitution (or those similar rights protected by Article I of the
Constitution of the State of Minnesota), such as free exercise of religion,
freedom of speech, and the right of assembly.
(lO)If the minor is homeless or uses a public or semi-public place as his or her
usual place of abode.
(g) Tlfis section shall not be construed as pennitth~g 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.
* Sgt. Olson recommended that we adopt language similar to Carver County Juvenile
Curfew Ordinance #25 which was adopted by the county on Februa~. 19, 1995. The city
attorneys office recommended the inclusion of the list of exceptions. Section (g) change
recommended by MCC.
2
........ ' *- ....
person, ......... ^- an3 .... '-~- per,qcn ...... ,gh ..... (18) year:, o," ~s~ ....who has
fir ng .......1,- e,'- cf any, ........
* Definitions have been consolidated in Chapter 1 qf the Ci~. Code.
Section 11-2. Firearms.
(b) Use of firearms without a permit. The shooth~g or carryLng of firearms Md,et:~qe.~
enca,sed ar dismantled is allowed without a permit frmn the city under the tbllowh~g
· '~ ' .......... ; ..............; ....... ~ ......... ~ unless otherwise prohibited by
circumstances, ....... e ................. t .... .r .......... ~ .... ,
state or federal law:
3
(1) By law entbrcement officers in the line of duty or military persoimel hi the line of
duty.
(3) By m]y person tbr firing blm~ks used solely tbr thning of athletic events.
(4) By any person while participating as ail em'oiled pupil in ail 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.
(8) By any person slaughtering farm animals which they own or with the owner's
permission.
(c) Use of firearln by pernfit. A person may shoot or-ea~ a firearm v,'k,i-c~a it; 'not
cn-ca.~cd or dismantled pursuant to a pemfit issued by the city under the following
conditions, unless otherwise prohibited by state or federal law:
(1) No gun, pistol, Nile, shotgun, B-B gun, pellet gun, or bow may be discharged
within five hundred (500) fbet 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.
(3) No firearm may be discharged ~'~ ..... :+ ~"~ ~^: ....... ~ *×~
.... }, ........................... except in the areas
~ designated in the City of Chanhassen Shooting Area Map out-he-map,
incorporated herein, oil file in the city manager/city clerk's office where firing
weapons is permitted as authorized by this section. In the balance of the city, the
discharge of a firearm is prohibited unless so authorized by this section. The map
may be amended from time to thne by motion of the city council.
(4) Only B-B gUlls, pellet guns, shotguns, or bows lnay be discharged within the city
limits pursuant to tlfis section, unless specifically approved by the
t ..... ~c safety
4
~ city manager/city clerk tbr the welfare or public safety of the
cmmnunity.
(d) Permit application and conditions.
(1) Application tbr any permit required by this section shall be made on forms
funfished by the city. The applictmt shall furnish the hfformation required by the
application. A tee for the permit iii the amount established by resolution in Chapter
4 of the City Code shall be paid to the city.
(2) No permit shall be issued fbr a period exceeding one (1) year.
(3) No permit shall be issued to rely person under sixteen (16) years of age, unless:
a. The hldividual has been issued a valid firearms safety course completion
certificate by the commissioner of natural resources pursuant to Minnesota
Statutes section 97.81;
(e) Prohibitions. Except as specifically allowed h~ subsections (b) and (c):
(2) The shooting of a firearm is prohibited.
(3) r~ ....: ....
.... .~ ~.~ or shoothlg 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.
(0 Dangerous weapons:
(I) Weapons prohibited. No person shall wear under his/her clothes, conceal about
lfis/her person or withhl a motor vehicles, 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 fbrbid any
law enforcement officer from carrying or using dangerous weapons iii the proper
discharge of his/her duties.
*Recommended by MCC and the ci~ attorney. The regulation qf~firearms is prohibited
by M.S. § 471.633.
471.633 Firearms.
5
The legislature preempts all authori~., ora home rule charter or statutory city
including a city of the first class, county, town,, municipal corporation, or other
governmental subdivision, or any of their instrumentalities, to regulate firearms,
ammunition, or their respective components to the complete exclusion o. f any
order, ordinance or regulation by them except that:
(a) a governmental subdivision may regulate the discharge of firearms; and
(b) a governmental subdivision may adopt regulations identical to state law.
Local regulation inconsistent with this section is void.
Sec. 11-4. Public possession or consumption of alcoholic beverages.
(c) It shall be unlawful tbr m~y person to drhlk h~toxicating liquor or
n~,nintaxicat:mg 3.2 percent malt liquor on any public property or semi-public property.
However, 3.2 percent malt liquor may be consumed at public parks.
*Section 14-61 (b ) permits consumption of 3.2 percent malt liquor at public parks.
6
Carver County
Juvenile Curfew
(Ordinance # 25)
Juveniles under the age of 12:
9:00pm Sunday thru Thursday
10:00pm Friday and Saturday
Juveniles
12- 14 years of age:
10:00pm Sunday thru Thursday
11:00pm Friday and Saturday
Juveniles 15- 17 years of age:
11:00pm Sunday thru Thursday
12:01 am Friday and Saturday
No juvenile is allowed in a public place within Carver County before 5:00am
Sunday through Saturday. ("Public Place" is defined as any place to which the public or
a substantial group of the public has access and includes, but is not limited to, streets, highways,
roadways, parks, public recreation, entertainment or civic facilities, schools, and the common
areas of hospitals, apartment houses, office buildings, transport facilities and shops.)
Common sense exceptions include:
If a juvenile is in the company of his/her parent, or on duty at work, or attending an official,
supervised activity.
Carver County Sheriff's Office
361-1212 or 361-1231
City of
Chanhassen
Shooting Area Map
Bow Hunting Only
Gun and Bow Hunting
l
March 17, 2004