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