5.3. SR 08-02-2010REQUEST FOR ACTION
ver
TO ITEM NUMBER
Ci Council 5.3
AGENDA SECTION MEETING DATE PREPARED BY
Administration Au st 2, 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
Staff and the Parks and Recreation Commission recommend the City Council approve the Ordinance
Amendment.
BACKGROUND/DISCUSSION
On July 19, 2010, the City Council postponed acting on the ordinance amendment request and directed
staff to continue to work on the ordinance to address the concerns raised at the Council meeting. Staff
(Police, Parks, and Planning) has drafted text which addresses the concerns as well as made it easier to
understand where the discharge of dangerous weapon is allowed.
ATTACHMENTS
^ Parks and Recreation Commission memo dated July 14, 2010
^ Ordnance No. 10-
^ Proposed "No Hunting" Map
Action Motion by Second by Vote
Follow Up
N:\Departments\Communiry Development\Planning\Case Files\OA\OA 10-09 Hunting Parks\OA 10-09_CC-2.doc
//
City of
El -.~-~
River
REQUEST FOR ACTION
TO ITEM NUMBER
Parks and Recreation Commission
AGENDA SECTION MEETING DATE PREPARED BY
ul 14, 2010 Chris Leeseber ,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
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 minimise 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
N:\Departments\Community Development\Plaruiing\Case Files\OA\OA 10-09 Hunting Pazks\OA 10-09_P8rR.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 for 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-
Action Motion by Second by Vote
Follow Up
N:\Departments\Communiry Development\Planning\Case Files\OA\OA 10-09 Hunting Parks\OA 10-09_P&R.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 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) Pynhibited areas. The discharge or use of a dangerous weapon shall be prohibited in the
following locations:
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1) On lands zoned AR, R1a (if ~latted~, R1b, R1c,R1d, R2a, RZb, R3, R4, PUD,
BP~CRT (if Matted), DD, MU-ERP, C1, C2ti C3, C4
2) 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 PUD
3) Within 500 feet of any building, structure„~latted area, public dark, public
trail, or public/private school
4) Within 1,000 feet of the ordinary high-water mark of Lake Orono or the Elk
River
N:\Departments\Community Development\Planning\Case Files\OA\OA 10-09 Hunting Parks\Oxdinance Fina1.DOC
5) The discharge or use of a dangerous weapon may be allowed in the prohibited
areas of subsection bbl (1-4) under the following circumstances:
a) At an organized gun club as defined in section 50-118 for the discharge of
shotguns from a currently existing~ermanent shooting ads and rifles
from currently existing shooting ads and target placements directed awav
from buildings and~latted areas; or
b) If an individual is a registered participant at an organized biathlon range in
a nupark for the discharge of low velocity rifles at an established
shooting range directed away from the buildings, other public uses, or
platted areas; or
c) Only archery target practice may occur at a City permitted archery range
within the confines of a Cit~_>n~k, as approved by the Park Commission
and City Councilor
d) A request in writing to hunt in these areas may be approved by the Police
Chief or their designee may approve these requests if the person requesting
is either the landowner or has received permission from the landowner, and
the hunting can be done in a safe manner. Granted requests require that
the hunters be issued a special permit which shall be displayed at all
times while hunting on the permitted property.
(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 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 axe located on lands zoned A-1, and which comply in all other respects
N:\Departments\Communiry Development\Planning\Case Files\OA\OA 10-09 Hunting Parks\Ordinance FinaI.DOC
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 2nd day of
August, 2010.
Stephanie Klinzing, Mayor
ATTEST:
Tina. Allard, Ciry Clerk
N:\Departments\Community Development\Planning\Case Files\OA\OA 10-09 Hunting Parks\Ordinance Fina1.DOC
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