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7.2. SR 07-19-2010REQUEST FOR ACTION TO ITEM NUMBER Ci Council 7.2. AGENDA SECTION MEETING DATE PREPARED BY Administration ul 19, 2010 Chris Leeseber ,Park Planner-Planner ITEM DESCRIPTION REVIEWED By Ordinance Amendment Relating to Hunting and Shooting Near Steve Benoit, Recreation Mana er Parks and Trails REVIEWED BY Lori ohnson, Ci Administrator ACTION REQUESTED Amendment to ordinance relating to hunting and shooting near parks and trails. 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. PARKS AND RECREATION COMMISSION RECOMMENDATION At the July 14 Parks and Recreation meeting, the Commission voted 6-1 to make amendments to the existing ordinance in order to balance property owner's rights with the safety of park users. Please see attached ordinance. PUBLIC COMMENT Property owners expressed their desire to work with the City in supporting safety concerns. ATTACHMENTS ^ Parks and Recreation memo dated July 14, 2010 • Ordnance No. 10- ^ Proposed "No Hunting" Map Anion Motion by Second by Vote FOllow Up C:\Documents and Settings\XPMUser\Local Settings\Temporary Internet Files\OLK66\RFA-Council (3).doc /// cty°f REQUEST FOR ACTION ~ ~~ Elk -.., ~'.~ ~ ~ ~~; River TO ITEM I~IUMBER Parks and Recreation Commission 7.1.B. AGENDA SECTION MEETING DATE PREPARED BY Action/Discussion Item ul 14, 2010 Chris Leeseber ,Park Planner-Planner ITEM DESCRIPTION REVIEWED By City Park Hunting Policy Steve Benoit, Recreation Mana er 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, structure, or any platted area. 3. AR, R1-(b,c,d), R2, R3, R4, PUD, BP, DD, MU-ERP, C1, C2, C3, C4 4. Platted lands zoned R1-a Allowed Areas 1. R1-a (unless platted) 2. Al 3. CRT (unless platted) 4. I1 & I2 (unless contiguous on two or more sides to lands zoned R-1b, R-1c, 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 from 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 for one third of a year and during some of the C:\Documents and Settings\XPMUsex\Local Settings\Temporazy Internet Files\OLK66\Pazk Hunting Policy Memo.doc 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 fox a special permit. 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 City being special permit only, they could indicate their position on this to the City Council. ATTACHMENTS Proposed "No Hunting" Map Ordnance No. 10- ACt10(1 Motion by Second by Vote Follow Up C:\Documents and Settings\XPMUser\Local Settings\Temporary Internet Files\OLK66\Park Hunting Policy Memo.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 City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 50-117 titled Hunting and shooting of Elk River City Code shall be amended to read as follows: Sec. 50-117. Hunting and shooting. (a) Generally; written permission required. Hunting ox 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 for 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 areas. 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 area. 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 ox platted area. (3) On lands not zoned R-1a, 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 axe contiguous on two or more sides to lands zoned R-1b, R-1c, R-2, R-3, R-4 or PUD. A request ul writing to hunt in areas 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-1a. (51 Within 500 feet of an~public_park~trail, or public/private school unless in the following circumstances: 1 At an organized biathlon range in a public ark for the discharge of low velocity rifles at an established shooting range directed away from the building or platted area. 2 Allow hunting within 500 feet b~permit only Closing of the trail during the firearm hunting season location to be determined by the jurisdiction of the Police Department. (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 the \\tsclient\S\Public Bodies\Council\Ordinances\2010\Pazk Hunting Policy Ordinance Attachment.DOC 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 are contained on the premises and within the target range and so as not to endanger the life or safety of any person and which axe 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 fired 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 discharge or use of dangerous weapons at outdoor target ranges which are operated in a manner to ensure that projectiles axe contained on the premises and within the target range and so as not to endanger the life or safety of any person and which are otherwise consistent with the requirements of this Code is permitted at any location on lands zoned R-1a (unless platted), A-1, I-1, or I-2 with the written permission of the landowner, provided that the discharge or 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 are 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 City of Elk River this 19th day of July, 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk \\tsclient\S\Public Bodies\Council\Ordinances\2010\Park Hunting Policy Ordinance Attachment.DOC i 0 a k !i s = ~i a ~ ii r ~ _ r 3 P. S ,. i 3 h - I .- R a I ~ i. ~ ~ a ~^ ~ 4 a. ~° .li - .,,._O ,,,. I ~~ .. -~ ~, 3 ,~.. -,, ,- - .s ~ ~~ . F. - - - - ~ u 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 City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 50-117 titled Hunting and Shooting of Elk River City Code shall be amended to read as follows: Sec. 50-117. Hunting and shooting. (a) Generally; written pe~~nisrion 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 for 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 areas. The discharge or use of a dangerous weapon shall be prohibited in the following locations: (1) On lands zoned AR, R1a (if Platted), R1b, R1c,R1d, R2, R3, R4, PUD, BP, CRT (if matted), DD, MU-ERP, C1, C2, C3, C4 and on lands zoned I-1 or I-2 if such zoning districts are contiguous on two or more sides to lands zoned R-1b, R-1c~R- 2. R-3, R-4 or PTTD. A request in writing to hunt in areas that would otherwise be ,urohibited by this subsection~31 mad be approved by the Police Chief, if the request complies with subsection (b~2) of this section and no other extenuating_ circumstances exist. (2) Within 500 feet of any building, er structure, or any platted area. This minimum 500- foot distance maybe 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) ~ , .Within 1000 feet of the ordinary high-water mark of Lake Orono or the Elk River. ~} (41 Within 500 feet of any Public Park, trail, or nT lic/Private school unless in the following circumstances: N:\Departments\Community Development\Planning\Case Files\OA\OA 10-09 Hunting Parks\Ordinance for CC.DOC a. At an organized biathlon range in a Public Park for the discharge of low velocity rifles at an established shooting_ran~e directed away from the building or Platted area. b. A request in writing is obtained and approved by the Police Chief to hunt in these areas. (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 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 are contained on the premises and within the target range and so as not to endanger the life or safety of any person and which are 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 fired 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 discharge or use of dangerous weapons at outdoor target ranges which. are operated in a manner to ensure that projectiles are contained on the premises and within the target range and so as not to endanger the life or safety of any person and which axe otherwise consistent with the requirements of this Code is permitted at any location on lands zoned R-1a (unless platted), A-1, I-1, or I-2 with the written permission of the landowner, provided that the discharge or 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 are operated u7 a safe manner, which are located on lands zoned A-1, and which comply in all other respects with dus 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. N:\Departments\Communits~ Development\Planrung\Case Files\OA\OA 10-09 Hunting Parks\Ordinance for CC.DOC Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the CitS~ of Elk River this 19~ day of July, 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, CitS~ Clerk N:\Departments\Conununin~ Development\Planning\Case Files\OA\Of1 10-09 I-Iunting Parks\Ordinance for CC.DOC