5.1. SR 06-12-2000'ity of
TO:
FROM:
Item
Memorandum
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR ~'p_._
5.1.
DATE:
JUNE 12, 2000
SUBJECT:
ORDINANCE AMENDMENT SECTION
404.12, TITLED "HUNTING AND
SHOOTING, PERMISSION BY
LANDOWNER"
CASE # OA 00 -
Several issues have arisen that necessitate a review of the city's hunting ordinance. The
Park and Recreation Commission is considering whether or not to allow bow hunting in
city parks to control the deer population and each year the City Council receives request
to allow hunting on undeveloped lands in the current no hunting zone.
This year a new issue has come up, which is controlling the number of geese within the
city. Staff has been working with the Lake Orono Water Quality Task Force on this
issue. A recommendation to the City Council to trap geese this year is pending. To get a
permit from the Department of Natural Resources to do this trapping, the city must
demonstrate that it is allowing every legitimate (safe) hunting opportunity.
Staff believes the attached ordinance amendment addresses all of the issues listed above.
The proposed changes allow hunting in city parks with Council authorization and owners
of large undeveloped parcels in the no hunting zone can receive permission to hunt from
the Chief of Police without burdening the Council with these requests.
The specific changes are as follows:
404.12 (2) (B) - Bow and gun hunting are still required to be 500 feet from a plat
or building, however, bow hunting is no longer required to be 500 feet from a
property line (gun hunting still is).
404.12 (2) (C) - If the setbacks stated in 404.12 (2) (B) can be met, hunting in the
R-la, A-l, I-1, and 1-2 with permission of the landowner is still allowed without
any special permission from the city. The change to this section now allows the
Chief of Police to approve hunting in zones other than those listed, if the setbacks
can be met and no other unique circumstances exist. This case-by-case review
gives the Chief of Police the criteria he needs to say yes to hunting and the
flexibility to say no without trying to spell out every possible cause for his denial.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
The proposed change also accommodates hunting in the city's parks, if the
Council chooses to allow it.
· 404.12 (2) (D) - This Subpart is not needed and staff is proposing it be
eliminated. Subpart (B) of this ordinance already precludes hunting in plats.
The Building and Zoning, Planning and Police Departments have all reviewed this
ordinance amendment and are in agreement with the proposed changes. An amendment
to Chapter 4 does not require a public hearing. However, staff would recommend that the
Council seek public input, if we thought the changes might be controversial. No areas are
being eliminated from hunting and no areas that are unsafe for hunting are being added
by the proposed changes. Staff is recommending approval of the attached ordinance
amendment.
ORDINANCE 00-__
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 40~.12 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES ENTITLED ~HUNTING AND SHOOTING,
PERMISSION BY LANDOWNER"
Section 1. Section 400.12 of the City of Elk River Code of
Ordinances shall be amended to read as follows:
~0~.12 - HUNTING AND SHOOTING, PERMISSION BY LANDOWNER
1. Hunting or shooting upon land within the City of Elk River
may be conducted with the written permission of the landowner
except as prohibited in this Section 404.12 and except that no
permission shall be required for the owner of such land, or
members of the owner's immediate family or guest in the company
of the owner of said land.
2. The discharge or use of a dangerous weapon shall be
prohibited in the following locations:
A. Within one thousand (1,000) feet of the ordinary high
water mark of Lake Orono or the Elk River.~
B. Within five hundred (500) feet of any adjoining
property, building or structure or thc boundary of any
platted area and in addition the discharge of firearms
shall be prohibited within five hundred (500) feet of any
adjoining property. This minimum 500 foot distance may be
reduced to two hundred (200) feet in the following
circumstances:
i. At an organized gun club as defined in Section
404.14 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
ii. 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.
C. On lands not zoned R-la, A-i, I-1 or I-2 except that the
same .................. p ........................... or I 2
if said zoning~~~~ arc ~ ......... ~ ~ ~'~,,~ .... ~)~ or more
request in writing to hunt in areas that would otherwise be
prohibited by this Section 404.12(2) (C)may be approved by
the Chief of Police, if the request complies with Subpart
(B)of this Section 404.12(2) and no other extenuating
circumstances exist.~
D. On platted lands zoned R la.
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 12th day of June, 2000.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk