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3.3 Firearms No Discharge Map3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 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 2 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. 3 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. 4 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). 5 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 ² 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