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HomeMy WebLinkAboutOrdinance No. 124B Hunting & Discharge of WeaponsCity of Gem Lake, Ramsey County, Minnesota Hunting and Discharge of Weapons Ordinance No. 124B AN ORDINANCE REGULATING THE DISCHARGE OF WEAPONS AND HUNTING ON PROPERTY LOCATED WITHIN THE CITY OF GEM LAKE, MINNESOTA. The Gem Lake City Council ordains as follows: Section 1. Intent and purpose. The City Council intends to protect the public safety of its citizens by regulating the use and discharge of certain weapons on real property in the City of Gem Lake, as permitted by Minnesota Statutes, § 471.633. The City Council recognizes that State law governs all other matters regarding firearms, including purchase, possession, and rights to carry. The Council also intends that existing State law relating to the discharge of bows and arrows in Minnesota Statutes, Chapter 97B, and to the purchase, possession, carrying or use of other potentially dangerous weapons under Minnesota Statutes, § 609.66 and similar laws, be enforced in the City. Section 2. Definitions. As used in this Ordinance: "Dangerous weapon" has the meaning given it in Minnesota Statutes, § 609.02, subdivision 6. Section 3. Discharge of Weapons Prohibited. Except as specifically authorized in Section 4, the discharge or use of dangerous weapons is hereby prohibited. Violation of any term of this Ordinance is a misdemeanor. Section 4. Exceptions. Dangerous weapons may be discharged or used in the City only under the following circumstances: 1. Target Archery. A person may use a bow and arrow on private property, with permission from the owner, for target archery. 1. Arrows used for target archery must have points that are no wider than the shaft of the arrow, and not razor-edged on any surface. 2. Archers must shoot at a target, and targets must be mounted on material of sufficient depth and density to stop an arrow fired from the bow used by the archer. Trees and other live plants are not considered suitable backing material for mounting targets. 3. The shooting area and the targets must be placed so that there are no buildings, rights -of -way, or public lands within a reasonable distance behind the targets; the "clear" area beyond the target must be at least 1/3 of the estimated maximum shot distance for the type of bow used by the archer. 4. There shall be no Target Archery allowed or permitted on October 31 st. 2. Defense of Self and Property Against Animals. Use of a firearm or bow and arrow against an animal while acting in self-defense, in defense of another person, or to defend property (including pets and other domestic animals) from harm or damage is permitted. This provision is not intended to affect or be in conflict with State or Federal laws regarding the use of force against another person for self- defense, defense of others, or in defense of property. 3. Law Enforcement. This Ordinance shall not apply to licensed peace officers, or other authorized personnel, engaged in law enforcement activities when using firearms or other weapons in the regular course of performing their duties. 4. Archery Hunting. The City Council may issue permits authorizing the use of discharge of a bow and arrow within the City for purposes of deer hunting or turkey hunting. Said permits shall be issued only during the appropriate game season, or as deer or turkey hunting is otherwise authorized by the State Hunting and Discharge of Weapons Ordinance No. 124B Department of Natural Resources (DNR). A deer hunting or turkey hunting permit shall be issued to the property owner or owners in the case where multiple properties are joined to obtain the 5-acre requirement. 1. A hunting permit granted under this ordinance shall only authorize the discharge or use of bow and arrow on a specified parcel of property of five (5) acres or larger within the City of Gem Lake. 2. The property owner(s) must apply for the permit on a form approved by the City. The application must include written consent of the owners of all parcels within 300 feet of the proposed hunting land. The applicant must submit a map of the property proposed for hunting, showing the size of the parcel, expected shooting areas, and the location of ground blinds and/or deer stands if applicable, and the location of any buildings on the property and adjacent property. 3. All documents stated in 4.4.b must be delivered to the City no less than one (1) week before the City Council Meeting. 4. The permit holder must notify all landowners bordering their property of the dates and locations of the hunt. 5. The City Council, in granting the permit, shall establish boundaries for the hunting area on the property which shall be sufficient to protect public safety, but in no event shall it be less than 300 feet from any home or garage, or less than 1,000 feet from any school. The City Council may further limit hunting areas within the specified parcel of property and attach other conditions to the hunting permit deemed necessary to protect the public safety and welfare. 6. Multiple properties may join into an application for a hunting permit, provided that the combined properties are contiguous, combine to be 5 acres or larger, all property owners are on the application, and will allow for a contiguous safe hunting area. 7. A landowner obtaining a hunting permit is responsible for ensuring that the terms of the permit are observed. If a permit is approved by the City Council, the landowner must post a cash security of $500.00 before the permit is issued. If there is a complaint or report that permit terms were violated during the hunt, the City Council shall hold a hearing on the complaint and report, after giving the affected owner at least ten (10) days' notice of the hearing. If following the hearing the City Council concludes that a permit violation did occur, the Council may require that some or all of the cash security be forfeited to the City, in the Council's discretion. 8. Any person hunting under a permit who is not one of the permit applicants must have written permission to hunt signed by all of the property owner(s). The hunter must have this permission form and a copy of the permit in their possession while hunting under the permit. 9. The permit fees shall be set forth by the City Fee Schedule as adopted by Ordinance. 10. The City Council may solicit the Metro Bow Hunters Resource Base, or any other approved organization, to hunt on an approved landowner's property for the purpose of hunting deer or turkey. 11. Failure to comply with regulations of this ordinance forfeits all fees to the. 12. If the conditions of any aspect of the permit are to be changed, the landowner must bring the change with new documents to the City Council for approval prior to the hunt. 13. All State and Federal hunting rules and regulations shall apply in addition to requirements imposed by the City Council. 14. There shall be no hunting allowed or permitted on October 31 st. Hunting and Discharge of Weapons Ordinance No. 124B 5. Archery Deer Hunting. 1. Hunting shall be done from elevated deer stands only. 2. Hunters shall not drive or herd deer into a hunting area. 3. All hunters must have appropriate State licensing and required permits for all deer taken. 4. The maximum duration of a deer hunting permit shall be three weeks. Such weeks must appear on the permit. A permit may authorize the discharge and use of (bow) weapons a maximum of three consecutive days in any single week. Such days must appear on the permit. Other activities (such as setting up stands) may take place on the days on which weapons discharge is not permitted. Weeks do not need to be consecutive but must be within hunting season. 6. Archery Turkey Hunting. 1. All hunters must have appropriate State licensing and required permits for all turkey taken. 2. The maximum duration of a turkey hunting permit shall be six weeks. Such weeks must appear on the permit. A permit may authorize the discharge and use of (bow) weapons a maximum of three consecutive days in any single week. Such days must appear on the permit. Other activities may take place on the days on which weapons discharge is not permitted. Weeks do not need to be consecutive but must be within hunting season. Section 5. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part hereof, other than the part held to be invalid. Section 6. Repeal. Gem Lake Ordinance No. 124 and any past versions are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: September 17, 2024. G&di,en A)��&"h4 Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Hunting and Discharge of Weapons Ordinance No. 124B City of Gem Lake, Ramsey County, Minnesota Hunting and Discharge of Weapons Ordinance No. 124B Legend The Ordinances regulating the discharge of weapons and hunting on property located within the City of Gem Lake, Minnesota. Ordinance 124 was originally enacted by the City Council on 23 November 2016. Since that time, the City Council has made amendments to the Ordinances in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 124 An Ordinance regulating the discharge of weapons and hunting. 23 November 2016 124B An amendment to Ordinance 124. 13 August 2021 - 4.1.2 Only requiring written consent from those within 300 feet of a proposed deer stand, rather than all property owners bordering the property. - 4.1.2 Permit holders must notify all landowners bordering their property of the dates of the hunt and location of deer stands. - 4.1.3 Addition of any garage, to the list of areas not allowed to hunt within 300 feet of. - 4.1.5 Changed 3 consecutive weeks to 3 weeks. - 4.1.12 Section added that states no hunting is allowed on October 31 st. 124B - Reordering of the subsections of Section 4. 17 September 2024 - Prohibition of Target Archery on October 31 st. - Removal of the term `vicious' from Defense of Self and Property Against Animals. - Addition of "Archery Turkey Hunting" as an exception. 4.1 Regulations for both archery deer and turkey hunting. 4.2 Regulations for only archery deer hunting. 4.3 Regulations for only archery turkey hunting. Hunting and Discharge of Weapons Ordinance No. 124B