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HomeMy WebLinkAbout5.F.3. Amendment to City Code, Sec. 10.20-Hunting-Ord. No. 839TO: FROM: SUBJECT: DATE: CITY OF SHAKOPEE Memorandum Mayor and City Council Mark McNeill, City Administrator Modification to City Code 10.20- hunting December 7, 2010 Comment: Introduction: The Council is asked to modify a section of the City Code relating to hunting and shooting within the City limits, specifically, on land owned by Excel Energy (formally Northern States Power Company). Background: Section 10.20, Subd. 4. C.6 states that it is generally illegal to hunt in certain areas, except (among other locales): 6. "That hunting or shooting with a bow and arrow or shotgun using shot shells (shall be allowed) only within the National Wildlife Refuge east of Valleyfair to the easterly City limits and north of Highway 101. (Hunting with a bow and arrow shall also be allowed North of CSAH 16 on the Northern States Power Company Blue Lake Generating Plant property, during the Minnesota archery deer hunting season, with written land owner permission.) " I was contacted by Xcel Energy in November. Its representative stated that the Company does not allow hunting on its property, and asks that the section of the City code with the (now obsolete) language described above be eliminated. To do that, Council would need to eliminate the underlined language in Section 6 above. That would be done through an ordinance revision (attached). Recommendation: I recommend that the City accept the request of Xcel Energy as property owner, and delete reference to hunting on the NSP land (including the Blue Lake Generating Plant property) as requested. Relationship to Visioning: This supports Goal F, "Housekeeping ". Action Required: If the Council concurs, it should, pass the following ordinance: Ordinance No. 839, Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 10.20, Dangerous Weapons and Articles, Subdivision 4, Exceptions, Paragraph C. 6. Mark McNeill City Administrator • • • §10.20 SEC. 10.20. DANGEROUS WEAPONS AND ARTICLES. Subd. 1. Acts Prohibited. It is unlawful for any person to: A. Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another; or, G. Possess, sell, transfer, or have in possession for sale or transfer, any weapon commonly known as a throwing star or nunchaku. For the purposes of this Subparagraph, (1) a "throwing star" means a circular metallic device with any number of points projecting from the edge, and (2) a "nunchaku" means a pair of wood sticks or metallic rods separated by chain links attached to one end of each such stick or rod. (Amended, Ord. 649, December 26, 2002) Subd. 2. Exception. Nothing in Subdivision 1 of this Section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art. Subd. 3. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks, air gun, air rifle, or other similar device commonly referred to as a B -B gun. Subd. 4. Exceptions. page revised in 2009 920 B. Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or, C. Manufacture or sell for any unlawful purpose any weapon known as a slung -shot or sand club; or, D. Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or, E. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or, (Amended, Ord. 649, December 26, 2002) F. Permit, as a parent or guardian, any child under fourteen (14) years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive; or, (Amended, Ord. 649, December 26, 2002) A. Nothing in Subdivision 3 of this Section shall apply to a display of fireworks by an organization or group of organizations which has obtained a permit under the Fire Code, or to a police officer in the discharge of the officer's duty, or to a person in the lawful defense of their person or family. This Section shall not apply to the discharge of firearms in a range authorized in writing by the Council. B. Nothing in Subdivision 3 of this Section shall apply to consumer fireworks as defined in Section 10.38, Subdivision 2. (Added, Ord. 629, June 13, 2002) • • • C. Nothing in Subdivision 3 of this Section shall apply to hunting or target shooting if the following provisions are observed: (Amended, Ord. 629, June 13, 2002) page revised in 2009 §10.20 1. That only B -B guns, shot guns with shot shells, or bows and arrows are used. 2. That shooting is done on contiguous tracts of at least forty (40) acres. 3. That the person shooting either owns or has the written permission of the owner of the tract. 4. That the gun is not discharged within 500 feet of a building or public road. 5. That the area within which the shooting is done lies south of Vierling Drive extended easterly and County State Aid Highway #16 and east of Spencer Street and County Road #79 and also an area within which said shooting is done lies in Section 1, Township 115, Range 23, Scott County, Minnesota, lying northerly of the Minnesota River and westerly of U.S. Highway #169. 6. That hunting or shooting with a bow and arrow or shotgun using shot shells only within the National Wildlife Refuge east of Valleyfair to the easterly City limits and north of Highway 101. Hunting with a bow and arrow also shall be allowed North of CSAH 16 on the Northern States Power Company, Blue Lake Generating Plant property, during the Minnesota archery deer hunting season, with written land owner permission. D. Nothing in Subdivision 3 of this Section shall apply to the discharge of firearms in such areas, and under such conditions of supervision, as the Council may specifically permit. (Amended, Ord. 629, June 13, 2002) Subd. 5. Possession, Use and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, except as allowed in Subdivision 4 of this Section, any firecrackers, sky rockets or other fireworks. It is unlawful for any person to use consumer fireworks on public property. (Amended, Ord. 629, June 13, 2002) Subd. 6. Exposure of Unused Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges or latches. Subd. 7. Use of Bow and Arrow. Except as otherwise provided in this Section, it is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council. Subd. 8. Model Rockets. It is unlawful for any person to fire or set off model rockets except under supervision and required approval of the Council. 921 §10.20 Subd. 9. Fireworks Defined. For purposes of this Section, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, dayglo bombs, or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablet or other device containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25 hundredths grains or less of explosive compound are used, toy pistol caps which contain less than 20 hundredths grains of explosive mixture, and any articles that meet the definition of "consumer fireworks" under Section 10.38 of the City Code. (Ord. 1, April 1, 1978; Ord. 182, August 29, 1985; Ord. 207, October 16, 1986; Ord. 223, August 13, 1987; Ord. 314, July 25, 1991; Ord. 343, October 29, 1992; Ord. 629, June 13, 2002) SEC. 10.21. DOG, CAT AND DOMESTIC ANIMAL REGULATION AND LICENSING. Subd. 1. Definitions, The following terms, as used in this Section, shall have the meanings stated: page revised in 2009 922 A. "At large" means outside of the premises of the owner and not under restraint. B. "Owner" means any person as defined in Section 1.02, Subdivision 4 possessing, 54harboring, keeping, having care or custody or control of a dog or cat, or the parents or guardians of a person under eighteen (18) years of age who possesses, harbors, keeps, or has the care or custody or control of a dog or cat. C. "Under restraint" means on the premises of the owner, or on a leash and under a responsible person's control and obedience. The leash shall be a restraint or a line, belt, cord or chain, not more than ten (10) feet in length for leading or restraining a dog, securely fastened around the neck or collar of said dog. In the case of a potentially dangerous or dangerous dog, the leash shall be no longer than four (4) feet in length. (Amended, Ord. 660, April 10, 2003) D. "Dangerous Dog" means any dog that has: 1. without provocation, inflicted substantial bodily harm on a human being on public or private property; 2. killed a domestic animal without provocation while off the owner's property; or 3. been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. (Added, Ord. 660, April 10, 2003) E. "Potentially Dangerous Dog" means any dog that: 1. when unprovoked, inflicts bites on a human or domestic animal on public or private property; • • • ATTEST: City Clerk ORDINANCE NO. 839, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKPOEE, MINNESOTA, AMENDING CITY CODE SECTION 10.20, DANGEROUS WEAPONS AND ARTICLES, SUBDIVISION 4, EXCEPTIONS, PARAGRAPH C. 6. (New language is indicated by underlining and deleted language is indicated by strikethroughs) THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 10, Dangerous Weapons and Articles, Subdivision 4, Exceptions, Paragraph C. 6. is amended to read as follows: Subd. 4. Exceptions. C. Nothing in Subdivision 3 of this Section shall apply to hunting or target shooting if the following provisions are observed: 6. That hunting or shooting with a bow and arrow or shotgun using shot shells only within the National Wildlife Refuge east of Valleyfair to the easterly City limits and north of Highway 101 _ .. w also shall be • _ . 1 • with written land owner permission. Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 2010. Mayor of the City of Shakopee Published in the Shakopee Valley News on the day of 2010.