HomeMy WebLinkAboutMinnetrista Hunting Ordinance Section 1125 — Weapons
1125.01. Definitions.
Terms used in this section, unless expressly defined in this subsection, will have the
meaning prescribed by Minnesota Statutes, chapter 609 for the same terms. The
following terms will have the following meaning:
Club means any group of persons having a regular membership and improved or
permanent facilities for target or trap and skeet shooting.
Concealed manner means having the object on the person in such a manner so that
it is not completely visible to any other person. Having a knife in a sheath will be
considered as having the knife concealed, irrespective of the position of the sheath on
the person.
Firearms mean any device from which is propelled any projectile or bullet by means
of explosions or gas.
Military type weapon means any firearm or other weapon such as bazookas,
machine guns, mortars or grenades.
Nunchucks mean any device constructed of two solid cylindrical objects joined
together on one end by a chain, rope, thong or other such material.
Person means any natural individual, firm, partnership, trust, estate, club,
association or corporation.
Public place means any building or establishment, place, or public street or highway,
where the business, social or governmental activity ordinarily conducted is generally
held open to the public; specifically including, but not limited to, such locations as
governmental buildings, meeting halls, centers for art and culture, places of
amusement, liquor or beer establishments, and restaurants. It must also include any
private residence, which is the site of unlawful activity. Public place will not include:
(a) A dwelling place or residence when a person is present with the permission of
its lawful possessor, or one's own place of business;
(b) Business premises at which the buying, selling, repair, or trade in weapons or
firearms is regularly conducted;
(c) Places at which an event or activity is conducted involving the exhibition,
display, or carrying of a weapon, done in a manner not intended or
calculated to result in or lead to the unlawful use of the weapon, including,
but not limited to, educational or training programs, weapons or collectors'
Minnetrista City Code Chapter 11 -Public Safety Page 62 of 67
shows or exhibitions, or religious, artistic, educational, or cultural events;
or
(d) Parades or other public events when the use or display of weapons is
specifically authorized by the city for such events;
(e) Places at which the weapon is used in a lawful manner for hunting, fishing,
recreation, or agricultural purposes.
Secured container means a closed and fastened case, box or securely tied package
having no mechanical features designed for immediate weapons removal or use and
containing no other nonrelated objects. A sheath or scabbard alone will not constitute a
secured container.
Unlawful use means, with respect to a weapon or a firearm, to brandish, assault
with, threaten with, or otherwise employ in a manner calculated and likely to cause
death, great bodily harm, or substantial bodily harm, or the reasonable and immediate
fear thereof.
Weapon means any firearm, whether loaded or unloaded, or device designed as a
weapon and capable of producing death, great bodily harm, or substantial bodily harm,
or any other device or instrumentality which, in the manner it is used or intended to be
used, is calculated or likely to produce death, great bodily harm, or substantial bodily
harm, or the reasonable and immediate fear thereof. Weapon includes but is not limited
to any bow and arrow, bayonet, blackjack, chain club, Chinese stars, dagger, dirk,
firearm, folding knife with a blade in excess of four inches, fixed blade knife carried in a
concealed manner or within reach of any person in a motor vehicle, gravity knife,
machete, nunchucks, pipe club, push-button knife, sand club, slingshot, stiletto, or
switchblade.
[Revised 5-18-15, Ordinance 429]
1125.03. Carrying weapons.
Except as otherwise provided for herein or by state law, it is unlawful for any person
within the limits of the city to carry on that person in a public place or transport in any
vehicle in a public place any weapon, except that:
(a) Any weapon may be transported by a person not in a vehicle directly to or
from any place or activity referred to in subsection 1125.01 under the
definition of public place or to or from person's vehicle and the places,
gatherings or activities set forth therein, in a secured container; or
(b) Any weapon may be transported in a motor vehicle in a secured container or
in the locked trunk of such vehicle.
The provisions of this subsection will not be applicable to the transport of weapons
Minnetrista City Code Chapter 11 -Public Safety Page 63 of 67
by persons who are regularly engaged in the lawful manufacture, distribution, or sale at
retail or wholesale of weapons, or the agents of any of them while engaged in such
business; to the carrying or transport of weapons by licensed police officers, law
enforcement officers or military personnel while in the course of their duties; to any
officer of a state adult correctional facility when on guard duty or otherwise engaged in
an assigned duty; to an owner or agent while owner or agent is present at a business
place operated by owner or agent, except a business which is the site of unlawful
activity; or to persons holding a permit to carry a weapon while acting within the scope
of such permit.
[Revised 5-18-15, Ordinance 429]
1125.05. Target shooting.
Annual permits authorizing the use of firearms may be granted for target shooting or
trap and skeet shooting to clubs if the city determines that such use is not contrary to
the public safety or welfare and if the use of the firearms would not constitute a hazard
to persons or property or would not create a nuisance. The applicant must be
responsible for meeting all conditions imposed by the city and provide a detailed
application that demonstrates that issuance of a permit would not be contrary to the
provisions in this section.
[Revised 5-18-15, Ordinance 429]
1125.07. Training dogs.
Annual permits authorizing the use of firearms may be granted to clubs or individuals
for the training of dogs. Such permit will allow this activity on land described in the
permit by other persons with the consent of the owner or lessee thereof. Applicants for
the training of dogs from April 16th to July 14th must also comply with Minnesota
Statutes, section 97B.005. A person carrying a firearm, while training dogs, may only
have in possession and discharge blank cartridges and shells.
[Revised 5-18-15, Ordinance 429]
1125.09. Hunting restricted.
Subd. 1. Restrictions.
No person may discharge any firearm or bow and arrow, or engage in hunting of
any game birds or animal by any means within 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 duty.
Minnetrista City Code Chapter 11 -Public Safety Page 64 of 67
Subd. 2. Regulations.
(a) Hunting with shotgun or with bow and arrow as authorized by the Minnesota
department of natural resources, state laws pertaining to trespass and by
landowner permission is allowed only in the areas established by the city council.
No other firearms, including long guns; or hand guns, or other weapons, except
bow and arrow, are permitted to be used for hunting within the city.
(b) The city council shall, by resolution, establish by map or by other means the
areas in which the discharge of shotguns and the use of bow and arrow are
allowed for hunting, and the areas in which only the use of bow and arrow is
allowed for hunting. No hunting shall be allowed in other areas of the city.
Subd. 3. Property.
Property owners in areas in which no hunting is allowed may apply for a waiver
to hunt by bow and arrow. Property owners in the areas in which only bow and
arrow may be used may apply for a waiver to use shotguns to hunt. City staff may
administratively grant or deny a waiver on the basis of the following criteria:
(a) The property must be a minimum of 10 acres in size and able to
accommodate hunting safely;
(b) Hunting may only be conducted from a fixed location identified by the property
owner and which must be 500 feet or more from any residence located on
another property;
(c) Hunting locations for deer or turkeys and any discharge of a shotgun slug
must be from an elevated platform and shots must be downward in direction;
(d) The property owner must provide prior written notice to the owners of all
abutting properties regarding the owner's intent to apply for a waiver; and
(e) The city's public safety department shall conduct a site visit and investigation
to verify the application, identify any additional safety concerns and take input
from the owners of adjacent properties. The proximity of structures other than
residences within 500 feet of the proposed shooting area and other relevant
factors may be considered as additional safety concerns.
Application for a waiver must be received at least 30 days prior to the applicable
hunting season. Any waiver granted shall only be valid through the end of that
hunting season. The city may impose such limitations or restrictions as it deems
necessary to ensure the public safety and welfare.
Subd. 4. Bow and Arrow Target Practice Waiver
Minnetrista City Code Chapter 11 -Public Safety Page 65 of 67
Property owners may apply for a waiver to allow target practice with a bow and
arrow and city staff may administratively grant or deny a waiver on the basis of the
following criteria:
(a) The property must be a minimum of 2 acres and able to accommodate target
practice safely.
(b) Target practice may only be conducted from a fixed location identified by the
property owner at a single target.
(c) Target practice must be from an elevated platform and arrows must be
discharged in a downward direction.
(d) The city's public safety department shall conduct a site visit and investigation
to verify the application and identify any additional safety concerns. The
proximity of structures and other relevant factors may be considered as
additional safety concerns,
Subd. 5. Appeals.
Applications made under subds. 3 or 4 above and denied by staff may be
appealed to the city council. The city council shall conduct such hearing as it deems
appropriate to review the application, the staff findings, the reasons for denial, input
by the applicant, and input by the owners of adjacent properties and shall uphold,
reverse or modify the staff's decision regarding the waiver.
Subd. 6. Hunting to Manage Wildlife
Notwithstanding anything herein to the contrary, the city's public safety
department 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 that such hunting will not pose an undue risk to public
health and safety.
[Revised 5-18-15, Ordinance 4291
1125.11. Exemption.
Nothing in this section will be construed to restrict firing of any gun, pistol or other
species of firearms when done in the lawful defense of persons or property or the
necessary enforcement of the law.
[Revised 5-18-15, Ordinance 4291
1125.13. Possession of knives in schools.
It is unlawful for any person to be in possession of, carry, transport, or control any
Minnctrista City Code Chapter 11 -Public Safety Page 66 of 67