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LAKE ELMO CITY COUNCIL MEETING, MARCH 4, 1980 —2— TRAPPING ORDINANCE: Mayor Armstrong referenced Ed Nielsen"s proposed ordinance dated February 28, 1980 and read his alternative proposal. Ed Nielsen stated he felt Armstrong's proposal contained more than what is required. He sug— gested deleting number 5, Insurance Requirement, item 2. c., Trapping within 500 ft. of a building, and 2. d., Trapping witnin 200 ft. of road right—of—way. Mayor Armstrong defended the insurance provision stating that the $5,000 bond would insure that trappers would be responsible for injury to a person or animal if they violate the ordinance. Lloyd Knutson, DNR, disagreed with 2. c., and stated a landowner has the right to protect his own property. He feels an ordinance should protect the rights of landowners in keeping unwanted trespassers off their land, but, also allow these activities if the landowner so desires. Minnesota State Trespass Law covers many of the items included in this ordinance. Councilman Mottaz disagreed that leg —hold traps and trapping are the only effective way to control animal population and nuisance animals. Council discussion — Mottaz rejects all other proposals and proposes the original ordinance of banning all spring jawed steel traps. Morgan feels the ordinance, as proposed, is a reasonable compromise, but feels the insurance bond unnecessary. Also, provision should be made to prohibit setting of traps on or in beach areas withat permission or knowledge of the property owner. Armstrong proposed wording to the effect no traps will be set within 50" of the water line of property adjoining lakes, streams, swamps or other water areas without landowners permission. The legality of this provision will be verified by the City Attorney. Novak felt the insurance provision unnecessary, and suggested rewording 2. b., to limit permission only to persons working under the direction of the governing body to handle a nuisance problem. Pott questioned the necessity of item 4 and 5. General agreement was to delete 4 and 5. Armstrong moved, seconded by Morgan, to prepare a final document containing the following changes: 22b., To set traps in any park or other public property except for public p poses upon the order of the governmental body responsible for or owning the real property. 2;c., To place any trap within five hundred (500) feet of a building occupied by human beings, livestock, or domestic animals without first notifying the owner. 2. f., To set traps within 50 ft. of the beach line of property adjoining lakes, streams, swamps, or other meandered water areas without the landowners permission. Delete items 4 and 5. Item 6 to become 4 and item 7 to become 5. The opinion of the City Attorney will be secured, and if necessary any DNR attorney. The final ordinance (7905) to be considered at the March 18 or April 1, 1980 meeting. Discussion: Mottaz stated his oppositon to the revised ordinance, reitterated his position on why leg —hold traps should be banned and refuted many of the statements supporting their use. Pott recommended amending the motion to include adoption of the ordinance in its final form if it is legally appropriate. Morgan agreed. The City has recieved 18 letters opposing the use of leg —hold traps, and supporting an ordinance banning their use. Petitions containing 86 signatures were presented to the Mayor upholding the right to trap and the use of leg —hold traps. Lloyd Knutson stated if the City desires the DNR will make courses available on trapping in the fall. Armstrong amended the original motion that Ordinance 7905 be adopted subject to approval of the City Attorney as to legality. Morgan seconded. Motion carried 4-1. Mottaz opposed. Novak recommended the work "Trapping" be included on the "Hunting" signs in the City. The Council agreed.