7.1.B. PRSR 07-14-2010REQUEST FOR ACTION
TO ITEM NUMBER
Parks and Recreation Commission 7.1.B.
AGENDA SECTION MEETING DATE PREPARED BY
Action/Discussion Item ul 14, 2010 Chris Leeseber , Pazk Planner-Planner
ITEM DESCRIPTION REVIEWED BY
City Park Hunting Policy Steve Benoit, Recreation Mana ex
REVIEWED BY
Lori ohnson, Ci Administrator
ACTION REQUESTED
Staff recommends that the Parks and Recreation Commission recommend the following:
1. Not allow hunting, unless with a special permit, within 500 feet of any city park or trail year
round. (Proposed ordinance attached)
BACKGROUND/DISCUSSION
After discussing the concerns of hunting along the recently completed portion of the Great Northern
Trail at the June 9, 2010 Parks and Recreation Commission meeting, the Commission asked staff to
review options that might help minimize possible conflicts between hunting and park users.
Even though hunting is not allowed in any City park, there are proprieties where hunting is allowed that
are directly adjacent to park land. The concern is the possible discharge of a dangerous weapon into park
land. Below is a summary of where hunting is currently "prohibited" and allowed.
°°Prohibited" Areas (unlessyou have a special permit):
1. Within 1,000 feet of the ordinary high-water mark of Lake Orono or the Elk River
2. Within 500 feet of any building, strucrure, or any platted area.
3. AR, Rl-(b,c,d), R2, R3, R4, PUD, BP, DD, MU-ERP, Cl, C2, C3, C4
4. Platted lands zoned Rl-a
Allowed Areas
1. Rl-a (unless platted)
2. Al
3. CRT (unless platted)
4. Il & I2 (unless contiguous on two or more sides to lands zoned R-16, R-lc, R-2, R-3, R-4 or
PUD)
Currently hunting is not allowed within 500 feet of any platted property (subdivisions). This is to provide
a buffer between land that allows hunting and that of residential properties. The intent is to keep hunting
activities away Erom a population of people.
Hunting Seasons
The archery season for hunting is from September through December. To close the Great Northern
Trail for this time would not be favorable, as that would be Eor one third of a year and during some of the
S:\Parks & Recreation\7-1410 PRC Packet\Park Hunting Policy RFA.d«
most prime weather/season to enjoy the park trail. This year the firearm (slug) season is from November
6 thru November 14 (9 days) and the muzzleloader season is November 27 thru December 12 (16 days).
At the staff site plan review meeting, after a great deal of discussion, the consensus was the best solution
would be to make the entire City hunting by special permit only. This would not mean a total ban on
hunting as property owners that currently can hunt on their property, would most likely be able to
continue to hunt; they would just now need to contact the Police Department for a special pernvt.
Since this level of change is out of scope for the Parks and Recreation Commission recommendation,
staff is asking the Commission to recommend approval of the 500 foot no hunting without special permit
zone around all city parks and trails. If the Commission feels strongly about the entire Ciry being special
permit only, they could indicate their position on this to the City Council
ATTACHMENTS
Proposed "No Hunting" Map
Ordnance No. 10-
Action Motion by _ Second by _ Vote
Follow Up
S:\Parks & Recreation\7-04-10 PRC Packet\Puk Hunting Poficy RFA.doc
ORDINANCE 10-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTION 50-I 17 OF THE CITY CODE OF ORDINANCES
RELATING TO HUNTING AND SHOOTING NEAR PARKS AND TRAILS
The Ciry Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 50-117 tided Hunting and shooting of Elk River City
Code shall be amended to read as follows:
Sec. 50-117. Hunting and shooting.
(a) Generally; written permiarion required. Hunting or shooting upon land within the city may be
conducted with the written permission of the landowner except as prohibited in this section.
No permission shall be required Eor the owner of such land, or members of the owner's
immediate family or guests in the company of the owner of the land.
(b) Prohibited areaa. The discharge or use of a dangerous weapon shall be prohibited in the
following locations:
(1) Within 1,000 feet of the ordinary high-water mark of Lake Orono or the Elk
River.
(2) Within 500 feet of any building or structure or any platted azea. This minimum
500-foot distance may be reduced to 200 feet in the following circumstances:
a. At an organized gun club as defined in section 50-118 for the discharge of
shotguns at a trap range from a currently existing permanent shooting pad directed
away from the building or platted area; or
b. At an organized biathlon range for the discharge of low velocity rifles at an
established shooting range directed away from the building or platted area.
(3) On lands not zoned R-la, A-1, I-1 or I-2, except that discharge or use of
dangerous weapons shall be prohibited on lands zoned I-1 or I-2 if such zoning
districts are contiguous on two or more sides to lands zoned R-lb, R-Ic, R-2, R-3, R-
4 or PUD. A request in writing to hunt in azeas that would otherwise be prohibited
by this subsection (3) may be approved by the chief of police, if the request complies
with subsection (b)(2) of this section and no other extenuating circumstances exist.
(4) On platted lands zoned R-la.
(5) Within 500 feet of anX.public park trail, orpublic/private school unless in
the following circumstances:
building or platted area.
(c) Notwithstanding the provisions of subsection (b) of this section:
(1) The discharge or use of BB guns, pellet guns and slingshots in a safe manner by
adults over the age of 18 years, or by minors under the age of 18 years who are under
S:\Parks & Recreation\7-1410 PRC Packet\Pazk Hunting Pohty Ordinance AttachmentDOC
the direct supervision of their parent or guardian, is permitted upon any land within
the city with the written permission of the landowner, except that no permission
shall be required for the owner of such land or for members of the owner's
immediate family or guests in the company of the owner of the land.
(2) The discharge or use of dangerous weapons at indoor target ranges which are
operated in a manner to ensure that projectiles aze contained on the premises and
within the target range and so as not to endanger the life or safety of any person and
which aze otherwise consistent with the requirements of this Code is permitted in
any location within the city. A projectile leaving the premises upon which a target
range is operated or a person injured by a projectile feed at the premises is prima
facie evidence of the target range being operated in an unsafe manner and in
violation of this division.
(3) The dischazge or use of dangerous weapons at outdoor tazget ranges which aze
operated in a manner to ensure that projectiles aze contained on the premises and
within the target range and so as not to endanger the life or safety of any person and
which aze otherwise consistent with the requirements of this Code is permitted at
any location on lands zoned R-la (unless platted), A-1, I-1, or I-2 with the written
permission of the landowner, provided that the discharge ox use of dangerous
weapons at such target ranges does not endanger or constitute a nuisance to
adjoining or nearby properties. A projectile leaving the premises upon which a target
range is operated or a person injured by a projectile fired at the premises is prima
facie evidence of the target range being operated in an unsafe manner and in
violation of this division.
(d) No rifles shall be discharged within the city except at indoor target ranges which are in
compliance with subsection (c)(2) of this section and at outdoor target ranges which aze
operated in a safe manner, which are located on lands zoned A-1, and which comply in all
other respects with this division. For the purposes of this subsection, the term "rifle" does
not include .22 caliber rim-fire rifles using .22 caliber short, long, or long rifle bullets; or
smooth-bore muzzle loading muskets of not less than .45 caliber and rifle muzzle loading
muskets of not less than .40 caliber that are incapable of being loaded at the breech.
(e) Nothing in this section shall prohibit peace officers from enforcing the provisions of
state law applicable to firearms or the hunting of big or small game.
Section 2. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the Ciry of Elk River this 19a' day of
July, 2010.
Stephanie I{linzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Pazks & Recreation\~-1410 PRC Packet\Park Hunting Poficy Ordinance Attachment.DOC
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