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82-003 ORD . . . ~ ORDINANCE 82-3 AN ORDINANCE AMENDING SECTION 404 OF THE CITY OF ELK RIVER CODE OR ORDINANCES RELATING TO DANGEROUS WEAPONS The City of Elk River City Council does ordain as follows: Section 404 - Dangerous Weapons 404.00 - Definitions. For the purposes of this Ordinance , the term "dangerous weapon" as used herein shall include, but not be limited to, the following: 1. All Firearms. "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, tpe blade or blades of high carbon steel more than one inch wide for single two edge blade and more than three inch circumference for three or more blades with a weight in excess of 110 grain; or when arrowheads are made with blades of mill tempered spring steel containing a plastic core or ferrule, in excess of the above dimensions and with a weight in excess of 90 grain; or when arrows are poisoned or have explosive tips. 3. All instruments used to propel a high-velocity pellet of any kind, 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 herein or any other name. ~ 6. "Dangerous Weapori" does not include a stud gun or nail gun used in the con- struction industry or children's popguns or toys. 404.02 - Discharge and Use Prohibited. the discharge or use of dangerous weapons prohibited. Except as herein specifically authorized, within the City of Elk River is hereby 404.04 - Aiming Prohibited. The almlng of any dangerous weapon, whether loaded or not, at or toward any human being is hereby prohibited. 404.06 - Selling or Furnishing a Dangerous Weapon to a Minor. The selling, giving, loaning or furnishing in any way of a dangerous weapon to a minor under the age of eighteen (18) years without the written consent of his parent or guardian, or of a police officer or magistrate is hereby prohibited. 404.08 - Handling and Use of Dangerous Weapons by Minors. Minors under the age of sixteen (16) years and over twelve (12) years must have in their possession while handling or using any firearm a valid firearms safety certificate. No minor under the age of fourteen (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 eighteen (18) . . . Ordinance 82-3 Adopted May 17, 1982 Page Two 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. 404.10 - Exceptions: Lawful Defense and Law Enforcement. Nothing in this section 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. 404.12 - Hunting and. Shooting, Permission by Landowner. 1. gunting or shooting upon land within the City of Elk River may be conducted with the writteh 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 guests in the com- pany of the owner of said land. 2. The discharge or use of a dangerous weapon shall be prohibited in the follow- ing locations: (i) within one thousand (1,000) feet of the ordinary high water mark of Lake Orono or the Elk River; (ii) within five hundred (500) feet of any building or structure or the boundary of any platted area; (iii) on lands not zoned R-IA, A-I, I-I or I-2 except that the same shall likewise be prohibited on lands zoned I-I or I-2 if said zoning districts are contiguous on two (2) or more sides by lands zoned R-IB, R-IC, R-2, R-3, R-4 or PUD; (iv) on platted lands zoned R-IA. 3. Not withstanding the provisions of Section 404.12(2): (i) The discharge or use of "BB guns", pellet guns and slingshots in a safe manner by adults over. the age of eighteen (18) years, or by minors under age of' eighteen (18) yea:rs who are under the direct supervision of their parent or guardian, is permitted uponahy land within the City of Elk River 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 said land. (ii) The discharge or use of dangerous weapons at indoor target ranges which are operated in .a manner to insure 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 of Ordinances is permitted in any location within the City of Elk River. A projectile leaving the premises upon which a target range is operated or a person injured by a projectile fired at the said premises is prima facie evidence of the target range being operated in an unsafe manner and in violation of this Section 404 . . . . Ordinance 82-3 Adopted May 17, 1982 Page Three (iii) The discharge or use of dangerous weapons at outdoor target ranges which are operated in a manner to insure 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 of Ordinances is permitted at any location on lands zoned R-IA (unless platted), A-I, I-I 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 said premises is prima facie evi- dence of the target range being operated in an unsafe manner and in violation of this Section 404. 4. No rifles shall be discharged within the City of Elk River except at indoor target ranges which are in compliance with Secubn,404.12(3) (ii) and at outdoor target ranges which are operated in a safe manner, which are located on lands zoned A-I, and which comply in all other respects with this Section 404. For the purposes of this Section 404.12(4), "rifle" does not include: (i) 22 caliber rim-fire rifles using 22 caliber short, long, or long rifle bullets; (ii) smooth- bore muzzle loading muskets or 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. 5. Nothing herein shall prohibit peace officers from enforcing the prOV1Slons of Minnesota law applicable to firearms or the hunting of big or small game. 404.14- Organized Club Permit. 1. The City Council may issue, upon application, a special permit to an organ- ized 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. 2. An organized gun club which has received a special permit from the City Council may, notwithstanding the provisions of Sections 404.06 and 404.08, loan or furnish dangerous weapons to minors under the age of eighteen (18) years and permit minors under the age of eighteen (18) years to handle and use weapons, provided that said dangerous weapons may be discharged and used by said 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. This Ordinance shall take effect and be in force from and after the date of its publication. Passed and adopted on this 17th day of May, 1982. ATTEST: 4-z- .A1f'~ -If<- Robert C. Middaugh City Administrator ~fi~ Mayor PUBLIC NOTICE AFFIDA VIT OF PUBLICATION State of Minnesota County of Sherburne } SSe Elmer L. Andersen, being duly sworn on oath says he is and during all the times herein stated has been the publisher and printer of. the newspaper known as Star News and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed In the English language In newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and Is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which It purports to serve and does not wholly duplicate any other pUblication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of Its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the City of Elk River in the County of Sherburne and It has Its known office of issue in the City of Elk River in said county, established and open during Its regular business hours for the gathering of news, sale of advertisements and Sale of subscriptions and maintained by the pUblisher of said newspaper or persons In his employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper flies a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or SUbscription prices to any person, corporation. partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has flied with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an. affidavit in the form prescribed by the Secretary of State and signed by the publiSher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed (2hk~'Y1~ '6 ~-.3 hereto attached as part hereof was cut from the columns of s;sld newspaper, and was printed and pUbliShed therein in the English language, once each week for I successive weeks; that it was first so publiShed on Thursday, the J.. 74 day of 19..%d..... and was thereafter YY) ay- ) ;2 '7 .:l;!- printed and published every Thursday to and InclUding the 19 'if'd.- and that the following Is a t from A to Z, both Inclusive, and Is hereby kind of type used In the composition and . Publisher Subscribed and sworn to before me this d-.F day of ~r 19-1~ "t);.4h/p '/h:r~AZ. Notary PUblic County, Minnesota MVC'_~. ....."...,.".,....,....-_,m,.....-19t _ ' "" ".tn .... .........