3.3 Firearms No Discharge Map3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Otsego Planning Commission
FROM: D. Daniel Licht
DATE: 1 June 2023
RE: Otsego – City Code; Firearms No Discharge Map
TPC FILE: 101.01
BACKGROUND
The City of Otsego regulates the use of firearms within the City through Title 6, Chapter 3 of the
City Code. The City Code provides for designation of a Firearms No Discharge Zone within the
City where use of firearms for target shooting or hunting is prohibited. Section 6-3-2 of the City
Code provides that the Firearms No Discharge Zone is to be designated on a map approved by
the City Council. The map is updated from time-to-time as growth continues in the City to
include areas of new development. Updates are to be approved by the City Council and
published prior to September 1 of each year or the prior map remains in effect. The current
Firearms No Discharge Zone Map was approved in 2021.
City staff has prepared proposed updates to the Firearms No Discharge Zone Map to include
areas approved for residential and industrial development. These changes are typically
reviewed only by the City Council. However, the City Council has received a request to consider
expanding the No Discharge Zone to include areas surrounding the Nashua Avenue and 85th
Street intersection from an area property owner. Due to the land use issues involved and to
provide a formal process to consider public input on the matter, the City Council Administrative
Subcommittee directed that the Planning Commission conduct a public hearing and make
recommendations to the City Council on the proposed Firearms No Discharge Zone Map. A
public hearing to consider the proposed Firearms No Discharge Zone Map has been noticed for
the Planning Commission meeting on 5 June 2023.
Exhibits:
Proposed Firearms No Discharge Zone Map
Aerial map of Nashua Avenue and 85th Street area
Item 3.3
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ANALYSIS
A goal of the City dating back to incorporation in 1990 has been managing growth of urban
residential, commercial, and industrial uses in an orderly manner so as to avoid prematurely
encroaching into rural areas. This approach is based on managing service delivery and
infrastructure needs for urban development in a fiscally responsible manner, but also serves to
protect land use compatibility and preserve areas of rural character. Thus, urban development
is concentrated within the Sewer District and Long Range Urban Service Area established by the
Comprehensive Plan with rural uses being continued in the Urban Service Expansion Area or
Rural Residential Preserve Area designated by the Comprehensive Plan.
Urban and rural land uses are regulated differently in terms of allowed an activities and
development. Rural areas are limited to a density of not more than one dwelling unit per acre,
are allowed to keep farm animals, have greater allowances for accessory structures with more
flexibility on construction and exterior finish, etc. The extent of these standards is
characteristic of rural areas. An additional topic addressed by the City Council in the mid-1990s
related the difference between urban and rural areas was use of firearms for target shooting
and hunting.
The City Council formed a citizens advisory committee to make recommendations on the need
for a firearms regulation in Otsego in response to complaints received about shooting near
developed areas in northeast Otsego and along the Mississippi River. The committee consisted
of 25 residents, including former Planning Commission members Ing Roskaft and Richard
Nichols, advised by former Councilmember Vern Heidner. The citizens committee over a
period of six to eight months researched firearms ordinances from 15 other cities, reviewed
applicable laws regarding hunting, and received input from the Wright County Sherriff, City of
Elk River Police Chief, and a DNR Conservation Officer. The citizens committee also reviewed
data regarding range and impact velocity of shotshells and bullets.
The recommendation of citizens committee was to designate the Firearms No Discharge Area
to as small an area as possible, limited to areas where residential development of one-acre lots
had occurred or areas planned for commercial and industrial development. The intent of the
citizens committee was to allow for a continuation of hunting in rural areas of Otsego subject
only to State laws regarding firearms use and trespass. The City Council approved the Firearms
Ordinance on 24 July 1995. The Firearms Ordinance has been amended previously to include a
prohibition on discharge of a firearm within 500 feet of an arterial or major collector street and
to make allowances for bow/arrow, which are defined as a firearm, on one or more properties
with a total area of 10 acres or more. The Firearms No Discharge Map has also been amended
over time to address expansion of urban development in Otsego.
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Below is a summary of relevant State regulations and the City Code regarding use of firearms in
Otsego outside of the designated Firearms No Discharge Zone:
State Regulations:
o A person may not enter legally posted land for outdoor recreation purposes
without permission.
o A person may not enter agricultural land for outdoor recreational purposes
without permission.
o On another person’s private land or a public right-of-way, a person may not
discharge a firearm within 500 feet of a building occupied by humans or livestock
without written permission of the owner, occupant or lessee of the building.
This does not apply to people hunting on their own property.
o A person may hunt from the water, a private shooting preserve, or from public
land that is within 500 feet of a building occupied by humans or livestock.
o A person may not discharge a firearm within 500 feet of a corral of one acre or
less confining livestock for the purpose of normal livestock holding or sorting
operations without permission. This does not apply to persons hunting during
an established season on state or local government owned land that is not road
right-of-way.
o A person may not would or kill another person’s domestic animal, destroy
private property, or pass through a closed gate without returning to the original
position.
City Code Section 6-3-3 (Outside of Designated No Discharge Zone) imposes the
following additional regulations on use of firearms and hunting within the City outside
of the designated Firearms No Discharge Zone:
o Target practice is allowed provided that a suitable backdrop is provided and the
discharge occurs at least 500 feet from all buildings unless owned by them or
with the owner’s written permission.
o Hunting using a single projectile (shotgun slug or bullet) is allowed provided that
the discharge occurs at least 500 feet from all buildings unless owned by them or
with the owner’s written permission.
o Target practice or hunting is allowed provided that a discharge occurs at least at
least 500 feet from any open pasture or feedlot unless owned by them or with
the owner’s written permission.
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o Target practice or hunting is allowed provided that a discharge occurs at least at
least 500 feet from any arterial street or major collector street defined by the
Comprehensive Plan.
o Target practice or hunting is allowed provided that a discharge occurs at least at
least 500 feet any public park.
Section 6-3-5.C of the City Code requires that persons under the age of 14 be accompanied by a
parent or adult guardian when carrying or discharging a firearm consistent with State rules.
Information below from the Texas Parks and Wildlife Department provides data regarding the
types of shotshells used for hunting and ranges. It must be noted that the range shown below
is a maximum distance; while the shot from a shotgun may travel the distances shown, its
effective lethal distance is much less.
Otsego’s regulation of firearms is consistent with regulations in Elk River, Rogers, and St.
Michael that allow for use of firearms and hunting within agriculturally zoned areas. Rogers
City Code does prohibit use of rifles with a caliber larger than .22 long-rifle, smooth-bore
muskets larger than .45 caliber, or rifled muskets larger than .40 caliber. Use of rifles for
hunting in Otsego is limited by State regulations, but such firearms could be used for target
practice with a suitable backdrop.
City staff has prepared a proposed Firearms No Discharge Map to include the pats of Anna’s
Acres, Jacobs Plat (Blue Dot), R+L Carriers, Prairie Pointe, Hunter Hills, Interstate Otsego, and
IOS Otsego. Roadways to be added to the Firearms No Discharge Map include Kadler Avenue
between 73rd Street and 95th Street (CSAH 39) and 70th Street (CSAH 38) east of Martin Farms to
Oakwood Avenue (CR 137).
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The City has also received a request to consider expanding the Firearms No Discharge Zone to
include the lots of the Carron Addition. This request is based on an incident(s) where a juvenile
residing on one of the lots abutting the natural environment lake discharged their shotgun in
the direction of another house across the public waterbody causing shotshell to fall on the
structure. The incident was responded to the Wright County Sheriff’s Office as a violation of
the law regarding use of a firearm and warnings were issued. The Wright County Sheriff’s
Office also has the option if there are future violations to issue citations.
City staff recommends that the Firearms No Discharge Zone Map not be amended to include
the properties within the Carron Addition given 1) the rural character of the properties and
surrounding area and 2) the ability to address the matter through other existing laws and
regulations. The Wright County Sheriff’s Office remains engaged with the involved property
owners to avoid any future incidents. Expanding the No Discharge Zone Map to include the
properties within the Carron Addition would not be consistent with the purpose and intent of
the Firearms Ordinance as it was established and implemented since adopted in 1995.
RECOMMENDATION
City staff recommends approval of an update of the Firearms No Discharge Map as presented.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of an update of the Firearms No Discharge
Map to be published by 1 September 2023, as presented.
B. Motion to table.
c. Adam Flaherty, City Administrator
Audra Etzel, City Clerk
David Kendall, City Attorney
Sgt. Jason Oltmanns, WCSO
C S A H 3 6TH 101C
S
A
H 42
CSAH 37
CSAH 37 O'DEAN AVENASHUA AVEMASON AVECSAH 39
CSAH 19KADLER AVE80TH ST
78TH ST
I-94
CSAH 37
70TH ST
85TH ST 0 1,250 2,500 3,750 5,000Feet
NO DISCHARGE OF FIREARM S Z ONE MAP
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DATA SOURCES: WRIGHT CO UNTY SURVEY DEPT.,CITY OF OTSEGO & MnDNR
K:\cad_eng\PROJECTS\GIS\TPC\Otsego\\PDF\No Discharge of Firearms Zone Map
No Discharge Zone; No person may dischargeany firearm within the No Discharge Zone exceptas allowed by Section 6-3-2 of the City Code.
Outside of the No Discharge Zone, no person maydischarge a firearm within 500 feet of any buildingor livestock without the owner's written permission carried on their person in accordance with Section 6-3-4 of the City Code.
This map is published pursuant toTitle 6, C hapter 3 of the C ity Codeestablishing regulations pertaining to the discharge of firearms and hunting in the City of Otsego, Minnesota. For more information, pleasecall City Hall at (763) 441-4414.
Resolution 2021-58 adopted on 9 August 2021