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HomeMy WebLinkAbout2010.05.17 ORD 2010-446ORDINANCE 2010-446 AN ORDINANCE AMENDING CHAPTER 50, SECTION 50-1 SHOOTING REGULATIONS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 50, Section 50-1, amend the following: Sec. 50-1. Shooting regulations. (A) Definitions: (1) Controlled Weapon is defined as any device that discharges a projectile by means other than an explosive, a gas, or compressed air, which is capable of producing death or great bodily harm. Controlled weapons include, but are not limited to, bow -and -arrow and crossbow (referred to as "archery equipment"). (2) Firearm is defined as any gun that discharges a projectile or shot by means of an explosive, a gas, or compressed air which is capable of producing death or great bodily harm. (B) Purpose. The city council deems these regulations necessary to protect public and private property and to promote health, safety, order, convenience, and the general welfare of persons within the city. Furthermore, the shooting of firearms within the city limits shall not constitute an unreasonable nuisance to persons in the city. This section is designed to prevent nuisances caused by the noise created from the discharge of firearms, and to minimize the potential that projectiles discharged from firearms could injure individuals. (C) No person shall discharge a firearm or controlled weapon of any kind within the limits of any city road, county road, public park, or other city property with exception of events approved by the City Council. Notwithstanding the foregoing, archery equipment may be discharged on public parks that are officially designated as passive parks by the City with the exception of Clearwater Creek Preserve Park. Within Clearwater Creek Preserve Park archery equipment may only be discharged between November 15`" and the end of the fall archery hunting season. No person shall fire or discharge a firearm or controlled weapon on any private property except with the consent of the owner or legal occupant thereof. (D) This chapter shall not apply to the lawful defense of persons or property, or in the necessary enforcement of the laws, or when ordered by the military authority, or all other acts specifically allowed by State Law, e.g. Shooting Range Protection Act, Minn. Stat. § 87A.01, et seq., as it may be amended from time to time. (E) A person may not discharge a firearm within 500 feet of a building occupied by a human or livestock without the written permission of the owner, occupant, or lessee. Ordinance 2010-446 (F) A person may not discharge a firearm within 500 feet of a stockade or corral containing livestock without the written permission of the owner, occupant, or lessee. (G) Controlled Shooting Area (a) Adopted as a part of the ordinance, and attached hereto and incorporated herein as Exhibit `A', is the Controlled Shooting Area Map designating a controlled shooting area within the City. In addition to the other requirements outlined in this ordinance, land that is within the Controlled Shooting Area is subject to the following restrictions: (1) A person may not discharge a firearm or controlled weapon within 500 feet of a building capable of being occupied by a human or livestock, including buildings located on adjacent properties. (2) A person may not discharge a firearm or controlled weapon within 500 feet of a stockade or corral containing livestock, including stockades or corrals located on adjacent properties. (3) A person may not discharge a firearm or controlled weapon within 500 feet of any public road. (H) The discharge of a firearm is prohibited within the ordinary high water mark of Bald Eagle Lake and within 300 feet inland thereof. (I) Penalty. Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON MAY 17,20 10 ATTEST: 4 ^ � 111", -,t— - Michele Lindau, City Clerk 2 Ordinance 2010-446 Exhibit A - Controlled Shooting Area Map Created by the City of Hugo Community Development Department Date: May 17, 2010 Controlled Shooting Area Parcel Boundary Hugo City Limits Roadways 0 0.25 0.5 0 Miles AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGOORDINANCE 2010-446 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 261hday of May 2010; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefgh ij kl mnopq rstuvwxyz 1 oil 116 3WAM, 1-w4r Title Publisher SUBSCRIBED AND SWORN TO BEFORE ME ON THE 2S DAY OF -June -2010. COURTNEY G. ZUERCM Y SIGNATURE ; NOTARY PUBLIC . MINNESOTA My Commission Expires Jan. 31, 2013 RATE INFORMATION: $9.30/INCH CITY OF HUGO ORDINANCE 2010-446 AN ORDINANCE AMENDING CHAPTER 50, Section 50-1 Shooting Regulations THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 50, Section 50-1, amend the following: Sec. 50-1. Shooting regulations. (A) Definitions: (1) Controlled Weapon is defined as any device that discharges a projectile by means other than an explosive, a gas, or compressed air, which is capable of producing death or great bodily harm. Controlled weapons include, but are not limited to, bow -and -arrow and crossbow (referred to as "archery equipment"). . (2) Firearm is defined as any gun that discharges a projectile or shot by means of an explosive, a gas, or compressed air which is capable of producing death or great bodily harm. (B) Purpose. The city council deems these regulations necessary to protect public and private property and to promote health, safety, order, convenience, and the general welfare of persons within the city. Furthermore, the shooting of firearms within the city limits shall not constitute an unreasonable nuisance to persons in the city. This section is designed to prevent nuisances caused by the noise created from the discharge of firearms, and to minimize the potential that projectiles discharged from firearms could injure individuals. C) No person shall discharge a firearm or controlled weapon of any kind within the limits of any city road, county road, public park, or other city property with exception of events approved by the City Council. Notwithstanding the foregoing, archery equipment may be discharged on public parks that are officially designated as passive parks by the City with the exception of Clearwater Creek Preserve Park. Within Clearwater Creek Preserve Park archery equipment may only be discharged between November 151" and the end of the fall archery hunting season. No person shall fire or discharge a firearm or controlled weapon on any private property except with the consent of the owner or legal occupant thereof. (D)This chapter shall not apply to the lawful defense of persons or property, or in the necessary enforcement of the laws, or when ordered by the military authority, or all other acts specifically allowed by State Law, e.g. Shooting Range Protection Act, Minn. Stat. § 87A.01, et seq., as it may be amended from time to time. (E) A person may not discharge a firearm within 500 feet of a building occupied by a human or livestock without the written permission of the owner, occupant, or lessee. (F) A person may not discharge a firearm within 500 feet of a stockade or corral containing livestock without the written permission of the owner, occupant, or lessee. (G)Controlled Shooting Area (a) Adopted as a part of the ordinance, and attached hereto and incorporated herein as Exhibit 'A' (available at Hugo City Hall), is the Controlled Shooting Area Map designating a controlled shooting area within the City. In addition to the other requirements outlined in this ordinance, land that is within the Controlled Shooting Area is subject to the following restrictions: (1) A person may not discharge a firearm or controlled weapon within 500 feet of a building capable of being occupied by a human or livestock, including buildings located on adjacent properties. (2) A person may not discharge a firearm or controlled weapon within 500 feet of a stockade or corral containing livestock, including stockades or corrals located on adjacent properties. (3) A person may not discharge a firearm or controlled weapon within 500 feet of any public road. (H)The discharge of a firearm is prohibited within the ordinary high water mark of Bald Eagle Lake and within 300 feet inland thereof. (1) Penalty. Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Section 2. Severability. In the event that a court of competent jurisdic- tion adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically in- cluded with that judgment. Section 3. Effective Date This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON MAY 17, 2010 APPROVED: Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on May 26, 2010.