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ORD 10-13• ORDINANCE 10- 13 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 50-117 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) Prohibited areas. The discharge or use of a dangerous weapon shall be prohibited in the following locations: -- IL - - - - 1) On lands zoned AR, R1a (if platted), R1b, R1c,R1d, 112a, 112b, R3, R4, PUD, BP, CRT (if platted), DD, MU -ERP, C1, C2, 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, platted area, public park, public trail, or public /private school 4) Within 1,000 feet of the ordinary high -water mark of Lake Orono or the Elk • River NAPublic Bodies \City Counci1\0rdinances \2010 \Park Hunting Policy.DOC 5) The discharge or use of a dangerous weapon may be allowed in the prohibited • areas of subsection (b,) (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 permanent shooting_ pads and rifles from currently existing shooting pads and target placements directed away from buildings and platted areas; or b) If an individual is a registered participant at an organized biathlon range in a public park 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 City park, as approved by the Park Commission and City Council; or d) A request in writing to hunt in these areas may be approved by the Police Chief or his designee 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 hunter(s) 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 owners 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 1 -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 N: \Public Bodies \City Council \Ordinances \2010 \Park Hunting Policy.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. } ' -y StepharAp Klinzing, May ATT Tina Allard, City Clerk NADepartments \Community Development \Planning \Case Files \OA \OA 10 -09 Hunting Parks \Ordinance Final.DOC - • 'V 1; - AN ORD ANCE OF THE CITY O V RIVER AMMMI) G SECTION 50 -117 OF CITY CODE AND The City . uncil of the City of Elk River idges hereby ordain as follows: , Section -1. iThat.'Section 50 -117 titd Hunting and Shooting of Elk River City Code shall be an4ended to read as follows: Sec. 50417.Hunting and shooting., (a) Grenerjally; written per - mission.regtired. Hunting or shooting up�n land within the city may be donducted with the written peroission of the land- owner 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 dis- charge or u$q of a .dangerous ,eapon,shall be prohibited in le followingdocations: 1)On lands zoned AR, Rla (if platted), Rlb, R1c,Rld, R2a, R2b, R3, R4, PUD, BP, CRT (if platted), DD, MU -ERP, Cl, C2, C3, C4 2) On lands zoned I -1 or I -2 if such zoning districts are con - tiguous on two or more sides to lands zoned. R -lb, R -lc, R -2, R -3, R-4 or PUD 3) Withini 500 feet of any building, structure, platted area, public park, public trail, or publi4ri vatle school 4) Within l,000 feet of the ordinary hijh -water mark of Lake Orono o the Elk River 5) The dis(harge or use of a dangerqus fivpapon may be allowed in the prohibited areas of subseFtionlb) (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 permanent shooting pads and rifles from currently existing shooting pads and target placements tered pWicipmt at an snoozing range airectea away from the buildings, other pub- lic uses, or platted areas; or c) Only archery target prac- tice may occur at a City permit- ted archery range within the confines of a City park, as approved by the Park Commis- sion and City Council; or AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF SHERBURNE SS Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all of the requirementsconstituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 21 st day of August, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 21 st day of August, 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 abcdefghijklmnopgrstuvwxyz jj Sal' es Manager Subscribed and sworn to before me on this 21 st day of August, 2010 HEIDI ,10 QUANRUD NOTARY PUBLIC MINNESOTA qk4'� /( MY Commission Expires Jan. 31, 2015 Notary Public RATE INFORMATION (1) Lowest classified rate paid by $ 21.00 commercial users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,307,467 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate) d) A request in writing to hunt in these areas may be approved by the Police Chief or their his 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 (d) N o rifles shall b e a safe manner. Granted discharged within the city requests, require that the hunter(s) be issued a special except at indoor target ranges which are in compliance with permit which shall be displayed subsection (c) (2) of this section at all times while hunting on the permitted property. and at outdoor target ranges which are operated in a safe (c) Notwithstanding the manner, which are located on lands zoned A provisions of subsection (b) of this section: -1, and which comply in all other respects (1) The discharge or use of with this division. For the B guns, pellet guns and ,,lingshots in a safe manner by Purposes of this subsection, the term "rifle" does not include .22 adults over the age of 18 years, caliber rim -fire rifles using .22 caliber short, long, or by minors under the age of 16 or long rifle bullets; or smooth years who are under the direct supervision of their -bore muzzle loading muskets of not less parent or guardian, is than .45 caliber and rifle permitted upon any land the muzzle loading muskets of not less than caliber that within city with the written permission of the Iandowner, .40 are ncapable of being loaded at the except that no permission shall be required for the owner of areech. (e) Nothing in this section such land or for members of the owner's immediate family or shall prohibit peace officers from enforcing the provisions of guests in the company of the state law applicable to firearms owner of the land. or the hunting of big or small (2) The discharge or use of dangerous weapons at indoor game• Section 2. That this target ranges which are ordinance shall take effect operated in a manner to ensure upon publication as provided by law. that projectiles are contained on the premises and within the Passed and adopted by the target range and so as not to City Council of the City of Elk River this 2nd day endanger the life or safety of of August, 2010. y person and which are ,nerwise consistent with the Stephanie Mining, requirements of this Code is Mayor ATTEST: permitted in any location within the city. A projectile Tina Allard, leaving the premises upon City Clerk which a target range is (Ag21) 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 mariner and in violation of this division. (3) The discharge or use of dangerous weapons at outdoor target ranges which are operated in a manner tb ensure that projectiles are contained an 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.