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HomeMy WebLinkAbout2023-04-27 Council Work Session Agenda PacketCouncil Work Session Agenda April 27, 2023 – 5:30 pm 1.Call to Order / Roll Call 2.Firearms Ordinance Discussion* 3.Unscheduled Items 4.Adjournment *Includes Materials - Materials relating to these agenda items can be found in the house agenda packet book located by the Council Chambers entrance, or online at the City’s website at www.corcoranmn.gov. HYBRID MEETING OPTION AVAILABLE The public is invited to attend the regular Council meetings at City Hall. Meeting Via Telephone/Other Electronic Means Call-in Instructions: +1 312 626 6799 US Enter Meeting ID: 889 0396 0640 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/88903960640 visit http://www.zoom.us and enter Meeting ID: 889 0396 0640 Participants can utilize the Raise Hand function to be recognized to speak during the Public Comment sections in the meeting. Participant video feeds will be muted. In-person comments will be received first, with the hybrid electronic means option following. For more information on options to provide public comment visit: www.corcoranmn.gov 1 8200 County Road 116  Corcoran, MN 55340 763-420-2288  www.corcoranmn.gov MEMO Meeting Date: April 27, 2023 To: City Council From: Ryan Burns, Deputy Director of Public Safety Re: Firearms Ordinance Update ____________________________________________________________________ On November 11, 2021, the City Council discussed options to update Corcoran’s firearms ordinance. The City Council directed two council members to work with staff to research and develop an updated ordinance, and then bring the updated ordinance back to the full City Council for review. Council Members Schultz and Vehrenkamp volunteered to work with staff on the update. Staff met with the subcommittee three times to gather, input, and discuss updates to the firearms ordinance. During the review several other City firearms ordinances were evaluated. While reviewing, it was determined Corcoran’s ordinance would benefit from updated, clearer language in the firearms ordinance. Updates are attached in the draft, highlighted in red or strike-through for removal. 1)Updated definitions for rifle, shotgun, handgun, immediate family, hunting area and no shooting area. 2)Removed outdated language and changed to Director of Public Safety or designee in areas. 3)Updated hunting definitions and create a no hunting / shooting zone established by City Council on a map to be updated from time to time as land use changes. 4)Updated permitted Discharges to make clearer, add allow during Law enforcement and firearms safety training, add recreational target shooting with proper backstop, no permit. 5)Update Prohibited Discharges. Agenda Item: 2. 2 6) This ordinance will also need several format changes to include sections, and formatting to be consistent with current City Ordinances. Staff also researched how other cities allow hunting as their city grows. After reviewing, it was determined to create a hunting zone and a no hunting / shooting zone which is defined in the draft ordinance as: Hunting Area. Portions of the City generally outside of the MUSA line or zoned rural residential. NO Shooting Area. Portions of the City generally inside the MUSA line. The City Council may by resolution designate and, from time-to-time modify areas of the city as no hunting areas. A draft no shooting map is attached. The area identified is boxed in blue to identify no shooting area. This map generally follows areas currently in the MUSA, under current land use applications, or directly boarding a high-density area. Staff will incorporate feedback into the draft ordinance. When completed, the draft ordinance will be formatted and sent to the City Attorney for review. After City Attorney review, the ordinance will be brought back to City Council for adoption. Attachments: 1) Staff report from November 11, 2021 2) Draft Ordinance 3) No Hunting Map Draft STAFF REPORT A g end a Item 11d . Counc il Meeting: November 11, 2021 Prepared By : Lieutenant Burns Topic : Firearms Ordinance Action Required: Direction Su mm ar y : The City of Corcoran last updated it’s firearms ordinance in the late 1990’s. These updates were a result of problems that were occurring in the community. These problems included a deer hunter’s slug going past a couple while they were in their hot tub. At that time, Corcoran also started a permit system for hunting on Goose Lake. This was done so that both Corcoran and Maple Grove had the same process for hunting on Goose Lake. In the last couple of years, the police department has had two instances where shooter’s rounds have struck residential buildings. In one instance, several high- powered rifle rounds struck a person’s shed, going through a shed wall and the service door. The police department was unable to determine exactly where and when the shots were fired but it is believed they came from an unauthorized person using a range area that had been used in the past. The other call was a person shooting a rifle without a backstop from their deck. The rounds went through another home’s sliding glass door. No one was injured. The shooter believed it was “ok” because they thought they were “in the country.” The police department also receives numerous shooting and hunting complaints each year. Currently, the most common compliant is noise related. The callers report that they feel the shots are too close, too many shots are being fired, or they believe people may be firing rifles. Other calls involve complaints of trespassing. In many instances the offender is not aware of exactly which conduct is allowed and which is not. With these types of calls, officers tend to take the education approach when appropriate and not issue citations if they can locate who fired the shots. In order to address these issues, staff is reviewing several cities shooting / hunting ordinances for best practices. These cities include Dayton, Medina, Rogers, Maple Grove, Minnetrista, Ramsey, Lake Elmo, and Farmington. These cities range from referring only to state law with very few other limits to very tight limits on shooting and hunting. Some cities allow no hunting, some only allow hunting by zones, some allow bow hunting only, and some allow shotgun hunting. No city reviewed currently allows open outdoor private ranges. Some allow indoor ranges with appropriate planning review. Current Minnesota deer hunting law does not allow rifle discharge south of I94 because of open space with lack of adequate backstops. Staff is requesting direction on level of Council interaction as staff reviews potential amendments. Fi n anc i al/B udg et: This item will require legal review and publishing costs if updated. Op t i o n s: 1.Assign one or two council members to work with staff to research and develop the ordinance, then bring back to full Council for review. 2.Have staff draft an ordinance and bring back to Council for review. Rec o mm endat i on : Assign one or two council members to work with staff to research and develop the ordinance, then bring back to full Council for review. A tt ac h m en t s : 1.City of Corcoran Map where property damage occurred. 2.City of Corcoran current shooting ordinance. 3.Minnetrista Hunting zone Map. 116-3 6. To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or freedom of religion; 7. To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city's designated law enforcement provider about the minor's presence; and 8. To a minor who is married or has been married, or is otherwise legally emancipated. Duties of person legally responsible for minor. No parent, guardian or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor. Duties of other persons. No person operating or in charge of any place of amusement, entertainment or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this section unless the minor is accompanied by his or her parent, guardian or other adult person having primary care or custody of the minor, or unless one of the exceptions to this section apply. Penalties. 1. Minors. Any minor found to be in violation of this section may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in M.S. ' 260.185, as amended. 2. Adults. Any adult person found to be in violation of this section shall be guilty of a misdemeanor and may be sentenced up to the maximum penalty authorized by state law for a misdemeanor. Defense. It shall be a defense to prosecution under this section that the owner, operator or employee of an establishment promptly notified the city's designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours and refused to leave. Penalty, see § 10.99 LITTERING. No person shall leave, place, throw or deposit or permit any other person to leave, place, throw or deposit in or upon any street or public place or in or upon any vacant or private lot or premises in the city, any ashes, rubbish, garbage, refuse or other like or similar substances or materials. FIREARMS. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 116-4 DEADLY WEAPON. Includes, but is not limited to, the following: FIREARMS. 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. FIREARMS include rifles, shotguns, muzzleloaders and pistols. a. Bows and arrows when arrows are tip pointed. b. All instruments used to propel a high-velocity pellet of any kind, including, but not limited to, air rifles and compressed air guns. c. Sling shots. d. Any similar type instrument, whether such instrument is called by any name set forth herein or any other name. HIGH POWERED FIREARM. Any gun from which a shot or a projectile other than a shot shell or shotgun slug is discharged by the means of explosive gas or compressed air. HUNTING. Taking birds or mammals, or stalking or being in possession of a firearm or deadly weapon for the purpose of taking birds and mammals. RURAL AREAS. Portions of the city which are undeveloped or developed for low-density residential use (one parcel/per ten acres). Concealment, discharge and use prohibited. Except as herein specifically authorized, the concealment, discharge or use of deadly weapons within the city is hereby prohibited. Aiming prohibited. The aiming of any deadly weapon, whether loaded or not, at or toward any human being is hereby prohibited. Selling or furnishing a deadly weapon to a minor. The selling, giving, loaning or furnishing in anyway of a deadly weapon to a minor under the age of 18 years without the written consent of his or her parent or guardian is hereby prohibited. Minors under the age of 14. No minor under the age of 14 years shall handle or have any deadly weapon in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian. Exceptions; lawful defense and law enforcement. Nothing in this section shall be construed to prohibit the use or discharge of a deadly weapon in the lawful defense of persons or property or in the enforcement of the law by peace officers and other law enforcement personnel. 116-5 Hunting and shooting, permission by landowner. Written permission from the landowner shall be required for hunting or shooting upon land within the city, except that no permission shall be required for members of the owner's immediate family or guests in the company of the owner of the land. On another person's private land, or a public right-of-way, a person may not shoot, hunt or discharge a deadly weapon or take a wild animal with a firearm within 500 feet of a building occupied by humans or livestock without written permission. Also, a person may not shoot, hunt or discharge a deadly weapon or take a wild animal with a firearm within 500 feet of a corral containing livestock without written permission. Special permits. Special permits must be obtained from the Chief of Police to allow hunting on Goose Lake, the discharging of a high-powered firearm under certain conditions, and for permits required under division (L). The permits shall only be issued after first obtaining the written consent of the landowner of the land. A condition of the hunting permit shall be that the hunter has in his or her possession all required state and federal hunting licenses while hunting. Conditions. The permit shall be subject to the conditions as are deemed necessary by the Chief of Police to protect the health, safety and welfare of residents of the city. Appeals may be taken from any determination of the Chief of Police to the City Council. No permit issued under this section shall be deemed valid unless the permit and the written consent of the landowner are in the possession of the person using the permit. The fee for the permit shall be determined by a resolution of the City Council. Terms. Permits issued pursuant to this section shall be valid until March l of the following year, but shall be subject to revocation upon showing that the permittee has violated any conditions of the permit. Goose Lake. All persons shooting or hunting on Goose Lake, or within 500 feet of the surface water, must obtain a permit from the Chief of Police. Guests of Goose Lake landowners must have written permission from the landowners and obtain a permit from the Chief. The owners of land shall not allow more than one hunting party (water craft) on Goose Lake at any one time. The Chief may restrict or reduce the number of permits issued to maintain safe hunting conditions. Firearms deer hunting. Any person hunting deer with a firearm must hunt from an elevated stand of no less than six feet in height. Special permits may be obtained from Chief of Police if a person has physical limitations that restrict them from safely complying with hunting from an elevated stand. All firearms must be unloaded and cased to and from the stand. No deer driving is allowed. Archery deer hunting is exempt from this division. Discharge of high-powered firearm. The discharge of a high-powered firearm is allowed only with the written permission from the landowner and a permit from the Chief of Police. A rural and safe area must be proven by the person before a permit is to be issued. A landowner or a member of a landowner's immediate family, however, may use a firearm or a high powered firearm up to a .22 caliber rim fire for the purpose of protecting livestock from an unprotected predator, destroying nuisance raccoons, when open season, and nuisance unprotected birds and animals within the rural areas of the city. City of GreenfieldCityofMapleGroveCity of Medina City of Rogers MorinLake ScottLake JubertLake GooseLake CookLake î î î s s [j [j ñ ñ ï ï î î s ñ ï å Willow DriveRolling Hills RoadPion e e r T r a i l DuffneyDrive81stP l a c eNorth D StreetHackamore Road Elm LaneElmLaneValley ViewRoadCedar LaneOakdale Drive 7 4 t h Avenue 63rd Avenue North C im a r r o n Ci r c l e 1 0 2 n d PlaceNorth FirLaneJeffreyL a n e A StreetChaparral Circle G Street Abilene L a n eMaple LaneA n n a b elleLaneCommerceStreet Hillside Drive Trail LaneH untersRidge B St reet BuckskinTrailSteepleChaseLaneGreenview Court SchutteCourtCounty Road 30 M e a d o w L a n e Circle Lane King BenRoad75th Avenue North Garrison Road HeatherLaneSicora Lane Tamiami TrailMaple Hill Road100thAvenueNorthMeadowCi rc le County Road 116Sc hut te FarmR o a d SummerhillLane HiddenPondsDri v e CreekViewCircleFirLaneNorthDuffney Circle Trail Haven RoadLakeviewCircle SunsetLane County Road 10 Olde Sturbridge DriveCherryLane Horseshoe Trail RobertLaneAuger 72nd AvenueNorthCrowHassanParkRoad Oak R i d g e RoadMeister CircleW o o d la n d Lane Par kT r a il RoadHorseshoeBendDriveRush Creek Bo ul e v a r dRu s h CreekDriveNyst rom Lane C ountyR o a d 5 0 Larsen Road Gl e a s o n P a r k w a yRidgeDr i veCates LonghornRoad RidgeCourtHighlandRidgeRoadMaple Lane East County Road 19Garrison LaneFStreet HickoryLaneJ a c k PineLane Julie Ann Drive J a c k ie L a n e ChestnutDrive Count ry CircleEast E StreetHidden Valley DriveSchannoP la ce Chapa rra l LaneHomestead Trail Treeline Drive Cain RoadSchutteL a n e 1 0 1 s t P l a c e Ebert RoadKimberly LaneSundance RoadOldeSturbridgeRoad 99thPlace CountryRoad Mohawk DriveWagon W h e e l L a n e StiegRoad Bluestem RoadSouthElm StreetLarkin Road Patrick Place 70t h Avenue NorthEagleRidgeRoad MeadowviewDrive LilyPondLaneDarrell Lane Foxline DriveButterworthLaneBluestem RoadNorthGarden LaneOswaldFarmRoadStrehler Road C a i n P la c e Snyder Road6 5 t h P la c e Nort h Dassel Lane O ld S e t t l e r s RoadKalk Road ExtensionCounty R o a d 1 1 7 TridenRidgeCircleBechtold RoadWi ndmill DriveHighway 55 ShannonLane Kalk RoadSchutte Road Rush M e a d o w LaneCoun tryHi l l sDrive Meister Road CorcoranTrailWestCorcoranTrailEastF o x ValleyDriveM ystiqueDriv eHageDrive 93rd Avenue North Schutte Place S un n y H illL a n e Brandywine RoadChisholmTrailTessmer Road Blue Bonnet DriveMeadow Creek Drive High Bluff LaneWinchester TrailJubertLaneR ushC reekRush Creek South F o rk RushC reek SouthForkRushCreekSouthForkRushCreekABCDEF 1 2 3 4 5 6 FEDCBA 6 5 4 3 2 1 City Hall Old PublicWorks Public Works BurschvilleSchool House 620023900 23100 22300 21500 20700 19900 191006200 6900 7700 8500 9300 10100 109001910019900207002150022300231002390010900 10100 9300 8500 7700 6900 4567117 4567116 456710 456730 456750 456719 3,000 0 3,0001,500 Feet ± Path: L:\2294\mxd\Street Map Grid.mxd ñ Government Building [j Public Park s Golf Course î Church ï Cemetery å School House Municipal Boundary Streams Parcel Boundaries Lake/Open Water Street Map BridlePath CedarLaneNorthElderberry Court BluestemCircleSor r e l C o u r t L u pin eLane CarriageWayAnnabelle CourtPrairieSageLaneBlackOakLane63rd Avenue North Sunflower Court Wild flo w e r TrailSnowberryCourtLar kspur LaneAnnabelleL a n e Penny Ro y a l C o u r t BlackOakCourt ElmRidgeCircleHackamore CircleSteepleChaseLaneMeadowRueCourt GoldenrodTrail Hackamore Road GleasonRoadP ri mr o s e CourtP r im r o s e LaneBrockton Lane NorthLarkspurCourtCoachH ouseLane Gleas o n P a r k w a y 66th A v e n u e NorthPaddockLane GallowayCircle Hunter RoadH u n t e rLane See Inset in the Legend 1 inch = 1,600 feet City ofCORCORAN A ABILENE LANE E-5ANNABELLE LANE F-6ANNABELLE COURT F-6AUGER AVENUE E-5 B BECHTOLD ROAD B-2BLACK OAK COURT F-6BLACK OAK LANE F-6BLUE BONNET DRIVE E-5BLUESTEM LANE F-6BLUESTEM RD. No & So D-6BRANDYWINE ROAD F-3BRIDLE PATH F-6BROCKTON LANE F-6BUCKSKIN TRAIL E-5BUTTERWORTH LANE E-6 C CAIN ROAD D-2CARRIAGE WAY F-6CATES LONGHORN ROAD C-6CEDAR LANE F-2CEDAR LANE NORTH F-6CHAPARRAL CIRCLE C-1CHAPARRAL LANE C-1CHERRY LANE F-2CHESTNUT DRIVE A-6CHISHOLM TRAIL C-2CIMARRON CIRCLE E-5CIRCLE LANE D-2COACH HOUSE LANE F-6COMMERCE STREET E-5CORCORAN TRAIL EAST E-4CORCORAN TRAIL WEST E-4COUNTRY CIRCLE EAST F-1COUNTRY HILLS DRIVE C-1COUNTY ROAD 10 D-3COUNTY ROAD 19 A-1COUNTY ROAD 30 A-2COUNTY ROAD 50 D-4COUNTY ROAD 10 F-1(Brockton Lane) COUNTY ROAD 116 E-3COUNTY ROAD 117 E-1COUNTRY ROAD F-1CREEKVIEW CIRCLE B-2 D DARRELL LANE E-1DASSEL LANE E-1DUFFNEY CIRCLE E-2DUFFNEY DRIVE E-2 E EAGLE RIDGE ROAD D-4EBERT ROAD D-2ELDERBERRY COURT F-6ELM LANE F-2ELM RIDGE CIRCLE F-6ELM STREET E-6 F FIRST LANE F-5FIR LANE F-5FIR LANE NORTH F-5FOX VALLEY DRIVE C-2FOXLINE DRIVE C-3 G GALLOWAY CIRCLE F-6GARDEN LANE B-2GARRISON LANE A-3GARRISON ROAD A-3GLEASON PARKWAY F-6 GLEASON ROAD F-6GOLDENROD TRAIL F-6GREENVIEW COURT D-1 H HACKAMORE CIRCLE F-6HACKAMORE ROAD F-6HAGE DRIVE B-1HEATHER LANE B-1HICKORY LANE F-5HIDDEN PONDS DRIVE D-1HIDDEN VALLEY DRIVE B-1HIGH BLUFF LANE C-9HIGHLAND RIDGE ROAD D-1HILLSIDE DRIVE E-1HOMESTEAD TRAIL C-5HORSESHOE BEND DRIVE B-6HORSESHOE TRAIL C-6HUNTER LANE F-6HUNTER ROAD F-6HUNTERS RIDGE F-2 J JACK PINE LANE F-5JACKIE LANE F-1JEFFREY LANE C-1JUBERT LANE B-5JULIE ANN DRIVE A-4 K KALK ROAD D-5KIMBERLY LANE B-6 L LAKEVIEW CIRCLE B-6LARKIN ROAD E-5LARKSPUR COURT F-6LARKSPUR LANE F-6LARSEN ROAD A-3LILY POND LANE D-2LUPINE LANE F-6 M MAPLE HILL ROAD F-4MAPLE LANE A-1MAPLE LANE EAST A-1MEADOW CIRCLE D-2MEADOW CREEK DRIVE A-1MEADOW LANE D-2MEADOW RUE COURT F-5MEADOWVIEW DRIVE B-1MEISTER CIRCLE E-3MEISTER ROAD E-3MOHAWK DRIVE D-6MYSTIQUE DRIVE F-3 N NYSTROM LANE C-5 O OAKDALE DRIVE B-1OAK RIDGE ROAD* E-5OLD SETTLERS ROAD E-6OLDE STURBRIDGE DR F-6OLDE STURBRIDGE ROAD F-6OSWALD FARM ROAD E-2 P PADDOCK LANE F-6PARK TRAIL ROAD F-6 PATRICK PLACE F-2PENNY ROYAL COURT F-6PIONEER TRAIL A-6PRAIRIE SAGE LANE F-6PRIMROSE CT F-6 PRIMROSE LN F-6 R RIDGE DRIVE A-2RIDGE COURT F-4ROBERT LANE F-1ROLLING HILLS ROAD C-5RUSH CREEK BOULEVARD B-2RUSH CREEK DRIVE B-1RUSH MEADOW LANE E-1 S SCHANNO PLACE C-3SCHUTTE COURT F-3SCHUTTE FARM ROAD F-3SCHUTTE LANE F-3SCHUTTE PLACE F-4SCHUTTE ROAD F-3SCHUTTE LANE F-3SHANNON LANE F-3SICORA LANE C-2SNOWBERRY COURT F-5SNYDER ROAD E-6SORREL COURT F-6SPANISH TER.* D-2STATE HIGHWAY 55 A-6STEEPLE CHASE LANE F-6STIEG ROAD F-1STREHLER ROAD A-3SUMMERHILL LANE D-6SUNDANCE ROAD B-2SUNFLOWER COURT F-6SUNSET LANE B-1SUNNY HILL LANE D-2 T TAMIAMI TRAIL C-2TESSMER ROAD A-1TRAIL HAVEN ROAD D-3TRAIL LANE E-6TREELINE DRIVE C-3TRIDEN RIDGE CIRCLE B-1 V VALLEY VIEW ROAD E-6 W WAGON WHEEL LANE B-6WILLOW DRIVE C-6WINCHESTER TRAIL B-5(CR 50)* WINDFLOWER TRAIL F-6WINDMILL DRIVE B-1WOODLAND COURT B-3(CR 10)* WOODLAND LANE C-1WHITE TAIL TRAIL F-6(CR 101)* NUMBERED STREETS 62ND AVENUE NORTH F-663RD AVENUE NORTH F-666TH AVENUE NORTH F-670TH AVENUE NORTH D-572ND AVENUE NORTH F-574th AVENUE NORTH F-575TH AVENUE NORTH E-581ST PLACE NORTH F-493RD AVENUE NORTH D-294TH AVENUE NORTH* C-297TH AVENUE NORTH A-2109TH AVENUE NORTH A-1(CO.RD. 117) * PRIVATE DRIVE Perm itted - Sho tgun an d Bow Perm itted - Bow On ly Restricted - No Hunting Allowe d Per Section 1125.11Minnetrista City Code Hunting Zones Date: 8 /26/2014 / 0 5,0 00Feet 130.03 FIREARMS. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DEADLY WEAPON. Includes, but is not limited to, the following: FIREARMS. 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 FIREARMS include rifles, shotguns, muzzleloaders and pistol and handgun a. Bows and arrows when arrows are tip pointed. b. All instruments used to propel a high-velocity pellet of any kind, including, but not limited to, air rifles and compressed air guns. c. Sling shots. d. .Any similar type instrument, whether such instrument is called by any name set forth herein or any other name. e. RIFLE: A shoulder weapon with a long-grooved barrel that uses the energy of the explosive in a fixed metallic cartridge to fire only a single projectile (bullet). f. SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels which utilizes gunpowder or any other burning propellant and discharges more than one projectile at a time, except when using ammunition containing a single slug or a combination of both a single slug and shot in the same shotshell. For the purposes of this Ordinance, a muzzleloader, as regulated by the State of Minnesota, shall be considered a shotgun. g. HANDGUN: A weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) 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 or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. HIGH POWERED FIREARM. Any gun from which a shot or a projectile other than a shot shell or shotgun slug is discharged by the means of explosive gas or compressed air. IMMEDIATE FAMILY. All persons related to the homeownerwhich includes the children, siblings, grandchildren, and their respective spouses. HUNTING. Taking birds or mammals, or stalking or being in possession of a firearm or deadly weapon for the purpose of taking birds and mammals. RURAL AREAS. Portions of the city which are undeveloped or developed for low- density residential use (one parcel/per ten acres). zoned rural residential or outside of the MUSA line. HUNTING AREA portion of the city generally outside of the MUSA line or zoned rural residentail NO SHOOTING AREA portion of the city generally inside of the MUSA line. The city council may by resolution designate and, from time to time, modify areas of the city as no hunting areas. Concealment, discharge and use prohibited. Except as herein specifically authorized, the concealment, discharge or use of deadly weapons within the city is hereby prohibited. Aiming prohibited. The aiming of any deadly weapon, whether loaded or not, at or toward any human being is hereby prohibited. Selling or furnishing a deadly weapon to a minor. The selling, giving, loaning or furnishing in anyway of a deadly weapon to a minor under the age of 18 years without the written consent of his or her parent or guardian is hereby prohibited. Minors under the age of 14. No minor under the age of 14 years shall handle or have any deadly weapon in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian. Exceptions; lawful defense and law enforcement. Nothing in this section shall be construed to prohibit the use or discharge of a deadly weapon in the lawful defense of persons or property or in the enforcement of the law by peace officers and other law enforcement personnel. Hunting and shooting, permission by landowner. Written permission from the landowner shall be required for hunting or shooting upon land within the city, except that no permission shall be required for members of the owner's immediate family or guests in the company of the owner of the land. On another person's private land, or a public right- of-way, a person may not shoot, hunt or discharge a deadly weapon or take a wild animal with a firearm within 500 feet of a building occupied by humans or livestock without written permission. Also, a person may not shoot, hunt or discharge a deadly weapon or take a wild animal with a firearm within 500 feet of a corral containing livestock without written permission. Formatted: Strikethrough Formatted: Strikethrough Special permits. Special permits must be obtained from the Director of Public Safety or designee Director of Public Safety to allow hunting on Goose Lake, the discharging of a high-powered firearm under certain conditions, and for permits required under division (L). The permits shall only be issued after first obtaining the written consent of the landowner of the land. A condition of the hunting permit shall be that the hunter has in his or her possession all required state and federal hunting licenses while hunting. Goose Lake. All persons shooting or hunting on Goose Lake, or within 500 feet of the surface water, must obtain a permit from the Director of Public Safety. Guests of Goose Lake landowners must have written permission from the landowners and obtain a permit from the Chief. The owners of land shall not allow more than one hunting party (water craft) Conditions. The permit shall be subject to the conditions as are deemed necessary by the Director of Public Safety to protect the health, safety and welfare of residents of the city. Appeals may be taken from any determination of the Director of Public Safety to the City Council. No permit issued under this section shall be deemed valid unless the permit and the written consent of the landowner are in the possession of the person using the permit. The fee for the permit shall be determined by a resolution of the City Council. Terms. Permits issued pursuant to this section shall be valid until March l of the following year, but shall be subject to revocation upon showing that the permittee has violated any conditions of the permit. Firearms deer hunting. Hunting Any person hunting deer with a firearm must hunt from an elevated stand of no less than six feet in height. Special permits may be obtained from Director of Public Safety or designee if a person has physical limitations that restrict them from safely complying with hunting from an elevated stand. All firearms must be unloaded and cased to and from the stand. No deer driving is allowed. Archery deer hunting is exempt from this division. (1) Hunting with shotgun or with bow and arrow as authorized by the Minnesota department of natural resources, state laws pertaining to trespass and by city and by landowner permission is allowed only in the areas established by the city council. No other firearms, including long guns, or handguns, or other weapons, except bow and arrow, are permitted to be used for hunting within the city. (2) The city council shall, by resolution, establish by map or by other means the areas in which the discharge of shotguns and the use of bow and arrow are allowed for hunting, and the areas in which only the use of bow and arrow is allowed for hunting. No hunting shall be allowed in other areas of the city. (3)Hunting in certain rural areas of the city poses greater safety concerns due to their proximity to areas developed more intensely. Such areas will change over time as the Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.13" + Indent at: 0.38" city and adjacent communities continue to develop. The city council may by resolution designate and, from time to time, modify areas of the city as no hunting areas. (4) Hunting may only be conducted from a fixed location identified by the property owner and which must be 500 feet or more from any residence located on another property; Discharge of high-powered firearm. The discharge of a high-powered firearm is allowed only with the written permission from the landowner and a permit from the Director of Public Safety. A rural and safe area must be proven by the person before a permit is to be issued. A landowner or a member of a landowner's immediate family, however, may use a firearm or a high powered firearm up to a .22 caliber rim fire for the purpose of protecting livestock from an unprotected predator, destroying nuisance raccoons, when open season, and nuisance unprotected birds and animals within the rural areas of the city. A. Permitted Discharges; 1. Written permission by the property owner shall be given to any person prior to the discharge of a firearm or bow on his/her property. 2. When recreational target shooting is conducted, the projectile shall be directed at a target with a backstop of sufficient size, strength and density to stop and control the projectile. 3. When discharging a firearm or bow, the projectile shall not carry beyond the property line. 4. A landowner or a member of a landowner's immediate family, however, may use a firearm or a high-powered firearm up to a .22 caliber rim fire for the purpose of protecting livestock from an unprotected predator, destroying nuisance raccoons, when open season, and nuisance unprotected birds and animals within the rural areas of the city. 5. State of Minnesota Firearms Safety Certification classes and Law Enforcement may discharge high powered firearms for the purpose of certification and training. B. Prohibited Discharges: 1. No person shall discharge a firearm within five hundred feet (500') of any residence or a bow within one hundred fifty feet (150') of any residence except with the written permission of the property owner. Formatted: Strikethrough Formatted: Strikethrough 2. No person shall discharge a firearm or bow on public property owned or operated by the city, county, state or school district except as provided in City 3. The discharge of a rifle or handgun shall not be allowed within the city. .