ITEM 4.3 Firearms Ordinance0
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DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
14 September 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.3 — Firearms Ordinance
AGENDA ITEM DETAILS
RECOMMENDATION. -
City staff recommends approval of an amendment to the Firearms Discharge Ordinance adopted as
Chapter 5, Section 2 of the City Code.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED?
No. I No.
BACKGROUND/JUSTIFICATION:
The City has two issues related to the Firearms Discharge Ordinance adopted as Chapter 5, Section 2 of
the City Code that requires discussion and possible action. The first relates to discharge of a firearm
within the designated No Discharge Zone for the purposes of addressing diseased, injured or dangerous
animals. The second issue relates to hunting within designated Wildlife Management Areas (WMA) and
the 500 foot separation between the discharge of a firearm and adjacent buildings, pastured animals or
collector/arterial streets required by the City Code. A third issue was raised by the Administrative
Subcommittee at their meeting on 9 September 2015.
■ Dangerous Animals. Section 5-2-3.E of the City Code allows the use of a firearm within the
designated No Discharge Zone for the purpose of destroying diseased, injured or dangerous
animals. The provision currently requires written authorization from the Wright County
Sheriff's Office for the use of a firearm in this manner. A recent request to the Wright County
Sheriff's Office prompted discussion between them and City staff regarding this provision. The
Wright County Sheriff's Office stated that they would not be prepared to issue such a broad
authorization to a property owner regarding use of a firearm. City staff has drafted a proposed
amendment to Section 5-2-3.E of the City Code to remove the requirement for written
authorization from the Wright County Sheriff's Office for use of a firearm in these situations, but
limiting the destruction of animals only within those properties defined as farms by the Zoning
Ordinance.
Wildlife Management Areas. There are two WMAs designated in Otsego. According to DNR
Conservation Officers, State hunting rules exempt WMAs from the 500 foot separation distance
from occupied buildings and corralled farm animals as required by State law. The City's
Firearms Discharge Ordinance imposes a more restrictive limitation on the use of firearms.
Section 5-2-4 regulating use of a firearm outside of the designate No Discharge Zone requires
that any such discharge occur at least 500 feet from any buildings, pastured animals or collector
or arterial roadway and applies this separation requirement to WMAs. The No Discharge Zone
applicable to the WMA may be further restricted by additional buildings or if one of the abutting
property owners were to pasture farm animals.
It has been requested that the City consider exempting WMAs from the 500 foot separation
requirement so as to allow the full area for hunting. Information was provided by an abutting
resident that when the land for the Odean Avenue Wildlife Management Area was donated, the
property owner making the donation owned most of the land bordering the Wildlife
Management Area and there were only three other land owners adjacent to the WMA area at
the time it was donated. As such, every piece of property that now borders the Wildlife
Management Area was bought from one of these owners or bought from someone that did with
full knowledge that there was a Wildlife Management Area with hunting permitted already
there.
City staff contacted DNR staff and the County Attorney's office regarding enforcement and
prosecution of violations of the City's more restrictive firearms discharge ordinance. DNR
Management Officers stated that they will not enforce the City's firearms discharge ordinance
within the WMAs within Otsego. The County Attorney's office added that the conflict between
the State regulation exempting WMAs and the more restrictive City ordinance may cause
confusion as to the rules that apply to the area and make prosecution of violations of the City
ordinance more complicated.
Based on the information presented and the concerns of the DNR and County Attorney, City
staff has drafted language to be added to Section 5-2-4 of the City Code that would exempt the
WMAs from the 500 foot separation requirement for hunting when allowed in accordance with
State laws, essentially mirroring the State regulations applicable to WMAs.
Archery Equipment. The Firearms Discharge Ordinance defines a firearm as any device from
which a projectile may be fired or ejected by means of explosive substance, spring, elastic band,
or gas, which includes rifles, shotguns, pistols and archery equipment typically used for hunting
or target practice. At the time the Firearms Discharge Ordinance was adopted in 1995, no
distinction was made between these types of firearms in terms of the required 500 foot
separation distance from buildings or animals. In 2010, the City Council approved an
amendment to the Firearms Discharge Ordinance allowing issuance of an archery permit on
parcels 10 acres or more, zoned A-1 or A-2 District and located outside of the Sewer Areas
subject to a 200 foot separation distance from animals, buildings and roadways. The
Administrative Subcommittee directed that City staff revise the Firearms Discharge Ordinance to
reduce the required separation distance from 500 to 200 feet for archery equipment outside of
the designated No Discharge Zone and that within the No Discharge Zone, the opportunity for
an archery permit be expanded to allow for contiguous parcels having an area of at least 10
acres and prohibited only within urban residential zoning districts.
The Administrative Subcommittee discussed the issues with the Firearms Discharge Ordinance at their
meeting on 9 September 2015 and recommends approval of an amendment of the Firearms Discharge
Ordinance as presented.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Ordinance 2015-07
B. No Discharge Zone Map
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve Ordinance 2015-07 amending the City Code related to the use of a firearm including
archery equipment.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o No
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
CO
ORDINANCE NO.: 2015-07
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE USE OF A
FIREARM INCLUDING ARCHERY EQUIPMENT.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 5-2-3.E of the City Code is hereby amended to read as
follows:
E. By any person autherized- to do se ir, ,^siting by the Wright County Shoriff for the
destruction of diseased, injured farm animals or dangerous birds, animals and
reptiles upon property defined as a farm by the Zoning -Ordinance.
Section 2. Section 5-2-31 of the City Code is hereby amended to read as
follows:
L. By any person issued an annual administrative archery permit to hunt specific
property identified on the permit using archery equipment as allowed by State law
and regulations subject to the following provisions:
a. The prepe4ty parcel or contiguous parcels owned by them or with the
owner's written permission carried on their person on which the hunt
occurs shall not be less than ten (10) acres in area.
b. The property shall not be IGGated within the Sanitary Sewer Dic+riGt �c
rimed bythe GempreheRSOVe Plan and shall ho zoned R-4, R-4A, R-5,
R-6 or R-7 District an a^rinUlti oral dis+riGt on the Zoning Map.
eb. No person shall discharge an arrow within two hundred (200) yard -sheet of
any public right-of-way, property owned by the City of Otsego, and all
buildings unless owned by them or with the owner's written permission
carried on their person.
Section 3. Section 5-2-4 of the City Code is hereby amended to read as follows:
5-2-4: PERMITTED USE OF FIREARMS OUTSIDE THE DESIGNATED NO
DISCHARGE ZONE: In addition to the conditions set forth in Section 5-2-3, the
discharge or carrying of firearms is permitted under the following circumstances so long
as no innocent party is endangered unless otherwise prohibited by State or Federal law.
A. By any person using projectiles (other than archery equipment) for target practice
provided that the projectiles are stopped by a suitable backstop and provided
further that the discharge occurs at least five hundred (500) feet from all
buildings, unless owned by them or with the owner's written permission carried
on their person.
B. By any person hunting with a single projectile (other than archery equipment) in
accordance with State and Federal regulations and provided further that the
discharge occurs at least five hundred (500) feet from all buildings, unless owned
by them or with the owner's written permission carried on their person.
C. By any person hunting or target shooting with a shotgun using fine shot at least
five (500) feet from all buildings, unless owned by them or with the owner's
written permission carried on their person.
D. By any person using projectiles (other than archery equipment) for target practice
or hunting provided that the discharge occurs at least five hundred (500) feet
from properties where farm animals are pastured or kept in an open feedlot,
unless owned by them or with the owner's written permission carried on their
person.
E. By any person using projectiles (other than archery equipment) for target practice
or hunting provided that the discharge occurs at least five hundred (500) feet
from property lines abutting an arterial or collector street designated by the
Comprehensive Plan including, but not limited to, the following roadways:
1. Interstate 94.
2. Trunk Highway 101.
3. CSAH 39.
4. CSAH 42.
5. CSAH 37.
6. CSAH 36.
2
7. CSAH 19.
8. Odean Avenue north of 70th Street (CSAH 37).
9. Mason Avenue between CSAH 39 and 83rd Street.
10. 83`d Street between Mason Avenue and Marlowe Avenue.
11. Marlowe Avenue between 83rd Street and 80th Street.
12. 80th Street between CSAH 19 and Marlowe Avenue.
F. By any person using projectiles (other than archery equipment) for target practice
or hunting provided that the discharge occurs at least five hundred (500) feet
from any property line abutting public park property (not including wildlife
management areas or other State owned land on which hunting is allowed).
G. By any person using archery equipment for hunting or target practice provided
that the discharge occurs two hundred (200) feet from:
1. All buildings unless owned by them or with the owner's written permission
carried on their person.
2. Properties where farm animals are pastured or kept in an open feedlot
unless owned by them or with the owner's written permission carried on
their person.
3. Any property abutting public park property (not including wildlife
management areas or other State owned land on which hunting is
allowed.
4. Any roadway designated as an arterial or collector street by the
Comprehensive Plan.
H. By any person using projectiles for hunting during an established season from
the water or from State public land that is within five hundred (500) feet of any
building or a corral confining livestock, provided that the discharge is not in the
direction of said building or corral.
Section 3. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 14t" day of August,
2015.
ATTEST:
Tami Loff, City Clerk
11
CITY OF OTSEGO
AW
Jessica L. Stockamp, Mayor
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