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MEMORANDUM
TO:
Todd Gerhardt, City Manger
FROM:
DATE:
SUB J:
Bob Generous, Senior Planner ~.~(}.
April 12, 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attorney, we have reduced the amount of Section 11-2 that is being repealed to
address only those portions that deal with carrying of firearms. We have also
eliminated the reference to "dangerous weapons", which are also covered by State
Statutes. 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:\planXbg\city code\cc memo ch I I rcv.doc
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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:
Section 1. Section 11-1 (a) and (b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(a) No person shall be on or present in any public street, alley, park or other public or
quasi-public place in the city between the following hours:
(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) I l: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)
The following shall constitute valid exceptions to the 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 minor 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.
(5)
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 right-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.
(10)If the minor is homeless or uses a public or semi-public place as his or her usual
place of abode.
Section 2. Section 11-1 (g) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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 prohibited by law or
ordinance.
Section 3. Chapter 1 i, Section 11-2 (a) of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 4. Section 11-2 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended 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 circumstances, 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) By any person slaughtering farm animals which they own or with the owner's
permission.
Section 5. Section 11-2 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(c) Use of firearm by permit. A person may shoot a firearm 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, 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 from time to time by motion of the city
council.
(4) Only B-B 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.
Section 6. Section 11-2 (d) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(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 (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 pursuant to Minnesota
Statutes section 97.81.
Section 7. Section 11-2 (e) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(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 sixteen (16) is prohibited
except when accompanied by a parent, adult guardian or certified safety training
instructor.
Section 8. Section 11-4 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
It shall be unlawful for any person to drink intoxicating 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. Chapter 11, Section 11-2 (f) of the City Code, City of Chanhassen, Minnesota,
is hereby repealed.
Section 10. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 12th day of April, 2004, by the City Council of
the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
Chapter 11 Miscellaneous Provisions and Offenses
Sec. 11-1. Curfew for Minors
(a) No person ,,.A~ ,[,~ "~,'~ .~ olv,~ (, ~
.......... ~ v ............ : )'ears shall be on or present in any public
street, alley, park or other public or quasi-public place in the city between the
following hours: oe !0:00 ~.= ............................... e ~ ·
(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)
It ir, ,,.~lo..,F,,1 f,~ ~., mi~ ~F ~1~ ~=o oiv~ [I~X ~A o~.,~t~ /1~ .,~o t~
~- The following shall constitute valid exceptions to the 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 minor 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.
(s)
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 right-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.
(10)If the minor is homeless or uses a public or semi-public place as his or her
usual place of abode.
(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.
* Sgt. Olson recommended that we adopt language similar to Carver County Juvenile
Cur/kw Ordinance//25 which was adopted by the county on February 19, 1995. The city
attorneys office recommended the inclusion of the list of exceptions. Section (g) change
recommended by MCC.
Encascd firea.wn._ ..... an> .... ,n~a=a c; ...... ~. ..... ~ ; ........ ~;c~, ;o ,;~
* Definitions have been consolidated in Chapter 1 of the City Code.
Section 11-2. Firearms.
(b) Use of firearms without a permit. The shooting or carrying of firearms
encased or dismantled is allowed without a permit from the city under the following
circumstances, on 1 ....... ; ...... * ~..,,, 'o ~,~ ...... a unless otherwise prohibited by
state or federal law:
3
(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.
(8) By any person slaughtering farm animals which they own or with the owner's
permission.
(c) Use of firearm by permit. A person may shoot or ca,wy a firearm which is nat
encased cr 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, 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.
(3) No firearm may be discharged~,NT0 1~'''''~a o,,~.°~'~" ~.~ ,~o~; ..... '~ for except in the areas
mdieated designated in the City of Chanhassen Shooting Area Map o~4he-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 from time to time by motion of the city council.
(4) Only B-B guns, pellet guns, shotguns, or bows may be discharged within the city
limits pursuant to this section, unless specifically approved by the puJah~-s~y
4
depam:Ftem 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 by resolution in Chapter
4 of the City Code shall be paid to the city.
(2) No permit shall be issued for 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 pursuant to Minnesota
Statutes section 97.81; and
(e) Prohibitions. Except as specifically allowed in subsections (b) and (c):
(2) The shooting of a firearm is prohibited.
(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.
o~11
his/her ........... ;,~,; .... ~ , ..... h;~,~ ,~;o~,~,,;~a~.. · ~*~'rea*en;n~ ........ ~.
offer for sale er Ca:Ty ,, ....... : ....~, .....weapon.
*Recommended by MCC and the city attorney. The regulation of firearms is prohibited
by M.S. .~ 471.633.
471.633 Firearms.
5
The legislature preempts all authority of a 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 of 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 for any person to drink intoxicating liquor or
................... e, 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
City of
Chanhassen
Shooting Area Map
J~ Bow Hunting Only
---']Gun and Bow Hunting
March 17, 2004