HomeMy WebLinkAbout#3 Council Memo Hunting Ordinance 8.2.16MAYOR AND COUNCIL COMMUNICATION
DATE: 8/2/2016
CONSENT
ITEM #: 3
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 received 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.
On 7/16/16, the City Council directed staff to amend the Hunting Ordinance to reference Minnesota
Statutes as they are amended from time to time. Staff has updated the amendment accordingly for the
Council’s approval
ISSUE BEFORE COUNCIL:
The Council should consider approval of the new hunting ordinance.
PROPOSAL DETAILS/ANALYSIS:
Ordinance
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:
City Council Meeting August 2, 2016 Consent Agenda Item #____
Page 2
(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;
Residents do not necessarily understand what land is platted, so the new language referencing Minnesota
Statutes will eliminate the 500 feet of any platted area restriction.
The Washington County Sheriff is in favor of the changes and believes it will make enforcement easier.
FISCAL IMPACT:
The proposed hunting ordinance will make enforcement easier
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 Ordinance 08-
142 as it pertains to hunting in the City of Lake Elmo, Section 300.15; Resolution 2016-55, 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 08-142 as it pertains to hunting in the City of Lake Elmo, Section
300.15.”
ATTACHMENTS:
1) Ordinance 08-142.
479514v3 AMB LA515-1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-142
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING SECTION 130.15 REGARDING THE USE OF FIREARMS AND
HUNTING
SECTION 1. The City Council of the City of Lake Elmo hereby repeals Section 130.15 of the
City Code and replaces it with the following:
§ 130.15 USE OF FIREARMS AND HUNTING.
The use of firearms and hunting in the City shall be in accordance with Minnesota Statutes
Section 97B.001.
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. 08-142 was adopted on this 2nd day of
August, 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.