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HomeMy WebLinkAbout#8 Council Memo Hunting Ordinance 7.5.16MAYOR AND COUNCIL COMMUNICATION DATE: 7/5/2016 CONSENT ITEM #: 7 AGENDA ITEM: Hunting Ordinance SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Sarah Sonsalla, City Attorney Washington County Sheriff’s Department BACKGROUND: In fall of 2015, City staff receive numerous complaint calls about illegal or perceived illegal hunting. In response, Planning Staff drafted an amendment to the Weapons Ordinance, Section 130.15 and held a public hearing at the January 11, 2016 Planning Commission meeting. No member of the public spoke at that public hearing, but the Planning Commission raised a number of issues including wanting to know how the changes related to the MN conceal and carry legislation. Because of the complexities of this Statute, Planning Staff had the City Attorney draft the Ordinance Amendment attached to this report. The City Attorney has informed Planning Staff that the public hearing was not necessary because the Ordinance is not part of the City’s zoning code. ISSUE BEFORE COUNCIL: The Council should consider approval of the new hunting ordinance and map. PROPOSAL DETAILS/ANALYSIS: Hunting is presently addressed by the Weapons Ordinance, Section 130.15. Section 130.15 prohibits hunting as follows: (B) Unlawful acts. Except as otherwise provided in this section, it shall be unlawful for any person: (1) To fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of a residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city and , except on an approved target range; The average resident is not likely to know the differences between platted and unplatted property, making self-enforcement difficult. City Council Meeting July 5, 2016 Consent Agenda Item #7 Page 2 The new Hunting Ordinance is an amendment of the Weapons Ordinance, Section 130.15. The ordinance allows hunting in areas designated on a hunting map established by Council Resolution each year. This allows the City to adjust allowed hunting areas as the City grows and develops. The ordinance references a hunting map which will be updated by City staff from time to time as needed. The hunting map will be posted on the City’s website and at City Hall and will enable residents a greater ability to determine where hunting is allowed and prohibited. In addition to hunting, the amendment also amends Section 130.15B to align with conceal and carry law, MN Statute 624.714. Since the enactment of this statute, the City Attorney believes it is unlawful for the City of Lake Elmo to require a person carrying a loaded weapon to obtain written permission from a property owner in order to carry the weapon on the property. The Statute does allow the city to require written permission from a property owner for another to hunting on the property. FISCAL IMPACT: The proposed hunting ordinance will likely lessen the number of complaints taken by City Staff pertaining to illegal hunting and may eliminate costs associated to enforcement. OPTIONS: The City Council may approve or deny approval to the hunting ordinance. RECOMMENDATION: Staff respectfully requests, as part of tonight’s consent agenda, that the Council approve the Ordinance 08- __ as it pertains to hunting in the City of Lake Elmo, Section 300.15, and Resolution 2016-__approving summary publishing of the ordinance. If removed from the Consent Agenda, the recommended action can be completed through the following motions: 1. “Move to approve Ordinance 08-__ as it pertains to hunting in the City of Lake Elmo, Section 300.15.” 2. “move to approve Resolution 2016-__ approving the summary publishing of Ordinance 08-__” ATTACHMENTS: 1) Ordinance 08-142. 2) Draft Hunting Map. 3) Resolution 2016-55 approving the summary publishing of ordinance 08-142. 479514v2 AMB LA515-1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. ________ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING SECTION 130 OF THE CITY CODE WHICH REGULATES WEAPONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 130.15, paragraph (B) of the City Code by adding the double underlined language and deleting the stricken language as follows: § 130.15 POSSESION, DISCHARGE, OR SALE OF WEAPONS (B) Unlawful acts. Except as otherwise provided in this section, it shall be unlawful for any person: (1) To fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of any residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city, except on an approved target range; (2) To wear or carry a loaded weapon for hunting or other purposes hunt on land not owned by the person wearing or carrying the weapon, hunting in the city, without specific written and dated permission of the owner of the land. The writing containing the permission shall also describe with reasonable accuracy the boundaries of the land owned by the owner giving the permission except on an approved target range. SECTION 2. The City Council of the City of Lake Elmo hereby amends the City Code by inserting the following new sections in Section 130 of the Code as follows: § 130.16 RESTRICTIONS ON THE DISCHARGE OF FIREARMS; HUNTING. No person may discharge any firearm or bow and arrow, or engage in hunting of any game birds or other animals by any means within the corporate limits of the city: (A) Except as otherwise provided in this section; (B) Unless discharged in lawful defense of person or property; or (C) Unless the person is a duly authorized law enforcement officer engaged in the performance of his or her official duties. § 130.17 HUNTING REGULATIONS. (A) Hunting with a shotgun or with a bow and arrow as authorized by the Minnesota Department of Natural Resources, state laws pertaining to trespass, and by landowner permission, is allowed but only in the areas established by the city council. No other firearms, including long 479514v2 AMB LA515-1 guns or hand guns, or any other weapon, except a bow and arrow, are permitted to be used for hunting within the city. (B) The city council shall, by resolution, establish by map or other means the areas in which the discharge of shotguns and the use of a bow and arrow are allowed for hunting and the areas in which only the use of a bow and arrow is allowed for hunting. No hunting shall be allowed in other areas of the city. § 130.18 HUNTING TO MANAGE WILDLIFE Notwithstanding anything herein to the contrary, the city’s law enforcement agency shall be entitled to issue permits to hunt in any area of the city to manage wildlife populations upon evidence that all required state permits have been secured and a determination by law enforcement that such hunting will not pose an undue risk to public health and safety. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance No. ____ was adopted on this _____ day of _____________, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance ________ was published on the _____ day of _________________, 2016. Long Lake Sunnybrook Long Lake Cle ar L a k e LakeJane Sunfish Lake LakeElmo E a g l e P o i n t L a k e Downs Lake HorseshoeLake A r m s tr o n g L a k e Goose Lake Rose Lake Marksgraf Lake W il m e s LakeOlson L a k e D e M o ntre ville Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Legend Ap proved Hunting Areas* Propo sed Approved Hunting Areas The following map outlines where hunting is allowed. Hunting is not allowed w ithin 500' of any residence, structure or platted area in the city unlss in an approved target range.Hunting ordinance and trespassing laws apply. *Map is updated from time to time but may not reflect structures recently erected. Hunting is prohibited within 500 ft of a structure regardless if this map shows the area to be an approved hunting area. 0 21 Miles CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-__ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-___ BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-___, an ordinance to amend Section 130 of the Lake Elmo City Code which regulates weapons; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-___ to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-___, which amends the Chapter 130: General Offenses: • By amending Section 15: Possession, discharge, or sale of weapons, to replacing language that makes it unlawful to wear or carry a loaded weapon with language that makes it unlawful to hunt on land not owned by the person or without specific written and dated permission of the owner. • By inserting Section 16: Restrictions on the discharge of firearms; that restricts hunting of any game birds or other animals. • By inserting Section 17: Hunting regulations, that establishes restrictions on hunting by establishing a map that designates areas in which the discharge of shotguns and the use of a bow and arrow are allowed for hunting. • By inserting Section 18: Hunting to manage wildlife, that entitles law enforcement to issue permits to hunt in any area of the city to manage wildlife populations. The full text of Ordinance No. 08-___ is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: July 5, 2016 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _________________________ and upon vote being taken thereon, the following voted in favor thereof:____________________________________and the following voted against same:________________________________________ Whereupon said resolution was declared duly passed and adopted.