10.6. SR 09-08-2020Request for Action
To
Item Number
Mayor and City Council
10.6
Agenda Section
Meeting Date
Prepared by
Work Session
September 8, 2020
Ron Nierenhausen, Chief of Police
Item Description
Reviewed by
Discuss Updates to the Current Hunting
Cal Portner, City Administrator
Ordinances
Reviewed by
Action Requested
Council direction for updates to current hunting ordinances.
Background/Discussion
Current city ordinances related to hunting are somewhat outdated and should be revised.
Financial Impact
N/A
Mission/Policy/Goal
Streamline hunting guidelines within the City of Elk River.
Attachments
■ N/A
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
HANDOUT ITEM 10.6 09-08-2020
Sec. 50-111. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous weapon includes, but is not limited to, the following:
(1) All firearms. The term "firearms" shall mean any device from which may be fired or ejected one
or more solid projectiles by means of a cartridge or shell or by the action of an explosive
substance; or for which the propelling force is a spring, elastic band, carbon dioxide, air or other
gas or vapor.
(2) All types of bows and arrows, crossbows and bolts, or any instrument capable of shooting or
discharging an arrow or bolt.
(3) All instruments used to propel a high -velocity pellet or slug of any kind, including but not limited
to air rifles and compressed air/gas/vapor guns.
(4) Slingshots.
(5) Any similar type instrument, whether such instrument is called by any name set forth in this
definition or any other name.
The term "dangerous weapon" does not include a stud gun or nail gun used in the construction industry or
children's popguns or toys.
(Code 1982, § 404.00)
Cross reference —Definitions generally, § 1-2.
Sec. 50-112. - Exceptions.
Nothing in this division shall be construed to prohibit the use or discharge of a dangerous weapon in
the lawful defense of persons or property, or in the enforcement of the law by peace officers and other
law enforcement personnel.
(Code 1982, § 404.10)
Sec. 50-113. - Discharge and use generally.
Except as specifically authorized in this division, the discharge or use of dangerous weapons within
the city is hereby prohibited.
(Code 1982, § 404,02)
Sec. 50-114. - Aiming at human beings.
The aiming of any dangerous weapon, whether loaded or not, at or toward any human being is
hereby prohibited.
(Code 1982, § 404.04)
Sec. 50-115. - Selling or furnishing to person under 18 years of age.
The selling, giving, loaning or furnishing in any way of a dangerous weapon to a minor under the age
of 18 years without the written consent of his parent or guardian or of a police officer or magistrate is
hereby prohibited.
(Code 1982, § 404.06)
Sec. 50-116. - Handling and use by persons under 18 years of age.
No minor under the age of 14 years shall handle or use any dangerous weapon except while in the
presence of his parent or guardian. No minor under the age of 18 years shall handle or use any
dangerous weapon except while in the presence of his parent or guardian, or with the written consent of
his parent or guardian or of a police officer or magistrate.
(Code 1982, § 404.08)
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, and approval from the City. Each hunter or
shooter, including the landowner, must complete a hunting or shooting application that the landowner
must sign. The application must be submitted to the Police Department and approved by the Chief
of Police, or their designee, prior to any shooting or hunting taking place. The application will be
reviewed, and a site visit may be conducted, to determine if it is safe to shoot or hunt. The review
process can take up to 7 business days to complete. The approved application must be in the
possession of the hunter/shooter while hunting or shooting. This application is not a hunting license.
Each hunter must follow all State of Minnesota laws and hunting regulations and must have a valid
Minnesota hunting license for the game they are pursuing.
(1) The discharge or use of a dangerous weapon may be allowed within the City Limits, without an
approved application:
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. Special hunts may be conducted within the confines of select City Parks as determined by
the City Council and Park Commission, under the direction of the Park Superintendent.
e. At the William H. Houlton Conservation Area as described in Section 50-119
(b) Parks generally; No person in a park shall be in possession of a dangerous weapon, nor shall
they hunt, trap, pursue, or be in possession of harvested wildlife.
(c) Notwithstanding the provisions 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.
(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.
(Code 1982, § 404.12; Ord. No. 99-30, § 1, 9-20-1999; Ord. No. 00-10, § 1, 6-12-2000; Ord. No.
10-13, § 1, 8-2-2010)
Sec. 50-118. - Organized gun clubs.
(a) The city council may issue, upon application, a special permit to an organized gun club. Such permit
shall allow the firing of dangerous weapons on the club grounds only by members and guests
subject to such conditions as may be required by the city council to protect the public health, safety
and welfare.
(b) An organized gun club which has received a special permit from the city council may,
notwithstanding the provisions of sections 50-115 and 50-116, loan or furnish dangerous weapons to
minors under the age of 18 years to handle and use weapons, provided that such dangerous
weapons may be discharged and used by the minors only on the club grounds and only under the
direct supervision of an adult club member or some other adult authorized by the club to supervise
minors.
(Code 1982, § 404.14)
Sec. 50-119. - William H. Houlton Conservation Area.
(a) Hunting within the William H. Houlton Conservation Area ("WHHCA") is allowed, subject only to the
following conditions and restrictions:
(1) All hunting shall follow the current year Minnesota Department of Natural Resources Hunting
Regulations.
(2) Hunting shall only be allowed during the hours that the WHHCA is open to the public.
(3) Firearms are- prohibited for the hunting of small game, turkey and deer, except during special
hunts as provided in subsection (7) below.
(4) Trapping is not allowed, except by permit from the city to remove nuisance animals.
(5) Archery hunting of small game, waterfowl, turkey and deer is allowed.
(6) Migratory waterfowl shotgun hunting is permitted in designated waterfowl hunting areas along
the Mississippi River. A map of the designated hunting areas shall be kept at city hall and
posted at the WHHCA parking lot access point. Signage delineating the designated hunting
areas shall also be posted along the edge of the hunting area.
(7) The city may approve, in its discretion and subject to all DNR hunting regulations, special
hunts, including shotgun hunts for turkey and deer, as part of a youth mentored and/or handicap
hunts.
(Ord. No. 16-09, § 1, 4-18-2016)
Best contact phone: ...... . . ........
Location (Address or PID):................
Describe what you want to do:
Elk River Police Department
13077 Orono Parkway NW, Elk River, MN 55330
(763) 635-1200
. HUNTING
APPLICATION/PERMIT
Shotgun Game Hunting ❑
Muzzle Loader Game Hunting ❑
Bow Hunting ❑
Shotgun Target Shooting ❑
Archery Target Shootine ❑
Date of Birth:
Middle Last
City State Zip
Date(s) requested: __ _ to
Start date Finish date
I have read and understand Elk River City Ordinance Chapter 50, Section 50-111 through 50-119
I have read and understand Minnesota State Statute 609.605 "Trespassing";
I understand I must be at least 500 ft from any livable structure or walking trail when hunting
or target shooting with a shotgun;
I understand I must be at least 250 ft from any livable structure or walking trail when hunting
or target shooting with a bow and arrow;
I understand I may not under any circumstances hunt or target shoot with a rifle or pistol;
I understand the City of Elk River may revoke my permit at their discretion;
I have read and understand all Minnesota hunting rules and regulations and agree to abide by them;
Hunter Signature:
Landowner Authorization
Initial
Initial
Initial
Initial
Initial
Initial
Initial
Landowner Name: Phone:
Landowner Signature: ..... ._� ........��.... - � — .... � � � Date — ...... ........ .
Permit #: —,,,,, . .. Date: _........ _ Expires:. __.._._....
9/3/2020
Sec. 50-111. - Definitions.
M
Elk River, MN Code of Ordinances
HANDOUT ITEM 10.6 09-08-2020
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Dangerous weapon includes, but is not limited to, the following:
(1) All firearms. The term "firearms" shall mean any device from which may be fired or ejected one or more
solid projectiles by means of a cartridge or shell or by the action of an explosive substance; or for which
the propelling force is a spring, elastic band, carbon dioxide, air or other gas or vapor.
(2) Bows and arrows when arrowheads are made of all -steel barbless design, and the blade of high carbon
steel more than one inch wide for a single two -edge blade and of more than a three-inch circumference
for three or more blades with a weight in excess of 110 grains; or when arrowheads are made with
blades of mill -tempered spring steel containing a plastic core or ferrule in excess of such dimensions and
with a weight in excess of 90 grains; or when arrows are poisoned or have explosive tips.
(3) All instruments used to propel a high -velocity pellet of any kind, including but not limited to air rifles and
compressed air guns.
(4) Slingshots.
(5) Any similar type instrument, whether such instrument is called by any name set forth in this definition or
any other name.
The term "dangerous weapon" does not include a stud gun or nail gun used in the construction industry or
children's popguns or toys.
(Code 1982, § 404.00)
Cross reference— Definitions generally, § 1-2.
Sec. 50-112. - Exceptions.
Nothing in this division shall be construed to prohibit the use or discharge of a dangerous weapon in the lawful defense
of persons or property, or in the enforcement of the law by peace officers and other law enforcement personnel.
(Code 1982, § 404.10)
Sec. 50-113. - Discharge and use generally.
Except as specifically authorized in this division, the discharge or use of dangerous weapons within the city is hereby
prohibited.
(Code 1982, § 404.02)
Sec. 50-114. - Aiming at human beings.
The aiming of any dangerous weapon, whether loaded or not, at or toward any human being is hereby prohibited.
(Code 1982, § 404.04)
Sec. 50-115. - Selling or furnishing to person under 18 years of age.
1/4
9/3/2020 Elk River, MN Code of Ordinances Ct,,ff- if
The selling, giving, loaning or furnishing in any way of a dangerous weapon to a minor under the age of 18 years without
the written consent of his parent or guardian or of a police officer or magistrate is hereby prohibited.
(Code 1982, § 404,06)
Sec. 50-116. - Handling and use by persons under 18 years of age.
No minor under the age of 14 years shall handle or use any dangerous weapon except while in the presence of his
parent or guardian. No minor under the age of 18 years shall handle or use any dangerous weapon except while in the
presence of his parent or guardian, or with the written consent of his parent or guardian or of a police officer or magistrate.
(Code 1982, § 404.08)
Sec. 50-117. - Hunting and shooting.
(a) Generally, written permission required. Hunting or shooting upon land within the city maybe 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, R1 a (if platted), R1 b, R1 c, R1 d, R2a, R2b, R3, R4, PUD, BP, CRT (if platted), DID, MU-ERP,
C1, C2, C3, C4.
(2) On lands zoned 1-1 or 1-2 if such zoning districts are contiguous on two or more sides to lands zoned R-
1 b, R-1 c, R-2, R-3, R-4 or P U D.
(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.
(5) The discharge or use of a dangerous weapon maybe allowed in the prohibited areas of subsection (b)(1)
—(4) under the following circumstances:
a. At an organized gun club as defined in„section IT50-118 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 maybe 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
2/4
9/1/2020 Elk River, MN Code of Ordinances
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-1 a (unless platted), A-1, 1-1, 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 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.
(Code 1982, § 404.12; Ord. No. 99-30, § 1, 9-20-1999; Ord. No. 00-10, § 1, 6-12-2000; Ord. No. 10-13, § 1, 8-2-2010)
Sec. 50-118. - Organized gun clubs.
(a) The city council may issue, upon application, a special permit to an organized gun club. Such permit shall allow
the firing of dangerous weapons on the club grounds only by members and guests subject to such conditions
as may be required by the city council to protect the public health, safety and welfare.
(b) An organized gun club which has received a special permit from the city council may, notwithstanding the
provisions of sections 50-115 and 50-116loan or furnish dangerous weapons to minors under the age of 18
years to handle and use weapons, provided that such dangerous weapons may be discharged and used by the
minors only on the club grounds and only under the direct supervision of an adult club member or some other
adult authorized by the club to supervise minors.
(Code 1982, § 404.14)
Sec. 50-119. - William H. Houlton Conservation Area.
(a) Hunting within the William H. Houlton Conservation Area ("WHHCA") is allowed, subject only to the following
conditions and restrictions:
(1) All hunting shall follow the current year Minnesota Department of Natural Resources Hunting
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9/.3/2020
Elk River, MN Code of Ordinances
Regulations.
(2)
Hunting shall only be allowed during the hours that the WHHCA is open to the public.
(3)
Firearms are prohibited for the hunting of small game, turkey and deer, except during special hunts as
provided in subsection (7) below.
(4)
Trapping is not allowed, except by permit from the city to remove nuisance animals.
(5)
Archery hunting of small game, waterfowl, turkey and deer is allowed.
(6)
Migratory waterfowl shotgun hunting is permitted in designated waterfowl hunting areas along the
Mississippi River. A map of the designated hunting areas shall be kept at city hall and posted at the
WHHCA parking lot access point. Signage delineating the designated hunting areas shall also be posted
along the edge of the hunting area.
(7)
The city may approve, in its discretion and subject to all DNR hunting regulations, special hunts, including
shotgun hunts for turkey and deer, as part of a youth mentored and/or handicap hunts.
(Ord. No. 16-09, § 1,
4-18-2016)
414
CITY OF ELK RIVER
2020 LANDOWNER'S PERMISSION SLIP AND BACK TAG
Please allow up to 5 business days for processing and they must be picked up at the
police department. We are unable to email or mail them out.
Full Name:
(First)
Date of Birth:
Address:
Driver's License #
(Middle) (Last)
Phone number:
License Type (check all that apply);
❑ Small Game ❑ Waterfowl ❑ Turkey (Shotgun) ❑ Turkey (Archery)
❑ Deer (Archery) ❑ Deer (Shotgun Slug) ❑ Deer (Muzzleloader)
HUNTER'S CONSENT
I agree to abide by the rules established for hunting within the City of Elk River and I realize
failure to comply will lead to prosecution under Section 50 of the City code, as it may from
time to time be amended. I will carry this permission slip on my person at all times when
hunting on this property. I will not discharge a firearm or bow closer than 500 feet from any
inhabited structure without the written permission of the owner, occupant, or lessee of such
structure. I must have this City issued back tag in my possession at all times when hunting
within the City. I agree to follow all city, county, state and federal laws.
Hunter's Signature (Required) Back Tag # (To be issued by ERPD)
LANDOWNER'S CONSENT
(Must be completed even if applicant is the landowner)
, hereby authorize the above named hunter to hunt
on my property located within the City's "no hunting" boundary during the 2020 hunting
season. In granting this permission, I am not accepting any responsibility for or incurring
liability for any injury to the person or property caused by an act or omission of the person
(M.S. 604A.23). I further understand the City, likewise, accepts no responsibility or liability
in regard to hunting game on my property.
Printed Landowner Name (Required)
Landowner Signature (Required)
Street Address or Sherburne County Property Identification Number (Required)
❑ Approved ❑ Denied
Designee Sergeant
By Authority of Ron Nierenhausen, Chief of Police