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HomeMy Public PortalAbout267CITY OF MEDINA ORDINANCE NO. A(01 ORDINANCE RELATING TO FIREARMS, DEADLY WEAPONS AND TRAPPING; AMENDING MEDINA CITY CODE, SECTION 320 THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS: SECTION I. Section 320 et seq . of the Medina City Code Section is amended by deleting the etricken material and adding the underlined material as follows: 320.01. Definitions. For the purposes of this ordinance, the following terms shall have the meanings given to them: Subd. 1. "Deadly weapon" means any device or instrument designed or intended to cause bodily injury or death to humans or animals, including bows and arrows, slingshots, sand clubs, metal knuckles, daggers, dirks, stilettos, switch- blade knives and similar instruments, but not including firearms. The term alto ., N ✓ �a +v. of ats Subd. 2. "Firearm" means any gun from which shot or a projectile is discharged by means of explosive, gas or compressed air. Subd. 3. "Fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25 hundredths grains or less of explosive compound are used and or toy pistol caps which contain less than 20 hundredths grains of explosive mixture. Subd. 4. "Hunting" means taking bird or mammals, or stalking or being in possession of a firearm or deadly weapon for the purpose of taking birds or mammals. Subd. 5. "Street or highway" has the definition set forth in Minnesota Statutes Section 169.01, Subdivision 29. Subd. 6. "Private road or driveway" has the definition set forth in Minnesota Statutes Section 169.01, Subdivision 30. Subd. 7. "Trail" means a paved or unpaved pathway designed or apparently used for foot traffic, bicycles, skateboards, roller skates, skiing, snowmobiling or other similar use. RRB9352 ME230-5 Subd. 8. "Trap" means a device designed for or capable of capturing, confining, or injuring animals that does not require the immediate presence of a person to activate. 320.03. Concealment and Uce of Deadly Weapons Prohibitcd. Except ac epecifieally authorized by this ordinancc, the concealment or ucc of a deadly weapan within the City is hereby r ohibitcda . 320.05 320.03. Aiming of Deadly Weapon Prohibited. The aiming or pointing of a deadly weapon, whether loaded or unloaded, at or toward any human being is prohibited, except as authorized by Minnesota law in defense of a person or arrest. 320.07 320.05. Selling or Furnishing a Deadly Weapon to a Minor. The selling, giving, loaning or furnishing in any way of a deadly weapon to a minor under 18 years of age without the written consent of a parent or guardian, or of a police officer or magistrate is prohibited. 3-20.09 320.07. Minors Under 14 Years. No minor under 14 years of age 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 a parent or guardian. No minor under 14 years of age shall discharge any firearm except while accompanied or under the immediate charge of a parent or guardian. 3-20.11 320.09. Discharge of Firearm Prohibited. Except as specifically authorized by this ordinance, the discharge of a firearm within the City is prohibited. 320.13. Minor Under 14 Yearc . No minor under 14 years of age shall discharge any firearm except while accompanied or under the immediate charge of a parent or guardian. 320.15 320.11. Discharge of Firearm Near Dwelling or Animals. No person shall discharge a firearm within 500 feet of an occupied dwelling or within 500 feet of livestock or horses, except under the following circumstances: a) the dwelling or animals are located on the same property from which the firearm is discharged and the person discharging the firearm has a right under this ordinance to discharge firearms from said property; b) the dwelling or animals are located on a different property and the person discharging the firearm has obtained the written permission of the owner of the other property to discharge firearms within said distance of the dwelling or animals thereon; or c) the discharge of the firearm is for the expressed purpose of destroying a preditor or nuisance non -game animal by the landowner or a member of the landowner's immediate family. 320.17 320.13. Permits. Permitc chall be required for the discharge of firearms or the uce of deadly weapons on undeveloped land No person shall discharge a firearm or use a deadly weapon or hunt on any private or public property without a permit issued under this subsection, except that no permit shall be required for the owner of such land, the owner's immediate family, and guests on the owner's land RHB9352 ME230-5 2 when accompanied by the owner. The Chief of Police shall issue permits for hunting, the discharge of firearms or the use of deadly weapons on undeveloped land, but such permits shall be issued only with the written consent of the owners of such land. A condition of every such permit shall be to have in possession all required state and federal hunting licenses while hunting. The permits shall be subject to such conditions as are necessary to protect the health, safety and welfare of residents of the City. Appeals may be taken from the determination of the Chief of Police to the City Council. No permits issued under this subsection shall be deemed valid unless the permit and the written consent of the landowner is are in the possession of the person using the permit. The fee for this permit shall be $3.00. 320.19 320.15 . Discharge Near Mooney Lake. It shall be unlawful to discharge a firearm on or over the surface of Mooney Lake or on or over any land area within 50 feet of the shoreline of Mooney Lake. 320. 1 320.17. Gun Club Licenses. It shall be unlawful for an organization, corporation or individual to operate a gun club or firing range within the City without previously obtaining a license therefor. The issuance by the City Council of such a license shall be subject to the following provisions: Subd. 1. Applications. Applications shall be directed to the City Clerk - Treasurer and shall contain the name of the organization, individual or corporation, a description of the property to be used and the names of all residents within 1,000 feet of the proposed range. The City Council shall act upon the license after such hearing as the City Council deems appropriate. Subd. 2. Conditions. The City Council may impose such conditions on the use of a licensed range as are necessary to protect the health, safety and welfare of the residents of the City. Subd. 3. Licenses issued by the City Council shall be valid until December 31 next following issuance and shall be subject to revocation upon a showing that the licensee has allowed unsafe conditions to exist on the premises or that the licensee has violated any of the conditions imposed by the City Council. Subd. 4. Fees. The fee for a gun club license shall be $50-48 for each year or any part thereof for each range to be operated. Subd. 5. Not Transferable. Licenses shall not be transferred from one place, or from one person or organization to another without prior City Council approval. Subd. 6. Exemptions. Private ranges or gun clubs operating before August 1, 1978, shall be exempt from this subsection. 330-.23 320.19. Use of Firearms for Law Enforcement. Nothing in this ordinance shall be construed to prohibit the use or discharge of a firearm in the lawful defense of persons or property or in the enforcement of the law by peace officers and other law enforcement personnel. RHB9352 ME230-5 3 320.25 320.21. Fireworks Prohibited. Minnesota Statutes; Sections 624.20 through 624.25, inclusive, are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. Any violation of state law is a violation of this ordinance. 320.23. Trapping. Subdivision 1. Statement of Purpose. The City Council finds that animal traps pose a threat to small children and domestic animals when located on or near roads, trails, driveways or other areas that may be frequented by persons or domestic animals. Subd. 2. Prohibition. Trapping shall be prohibited in the following areas: (a) On or within 50 feet of a street or highway; (b) On or within 50 feet of a private road or driveway; (c) On the private property of another without a permit issued under subdivision 3 unless exempted therein; and (d) On or within 20 feet of a trail. Subd. 3. Permits. A permit is required for trapping on the property of another except that no permit shall be required for the owner's immediate family, or guests when accompanied by the owner. Subject to such conditions as are necessary to protect the health, safety and welfare of persons and property, the Chief of Police shall issue permits for trapping only on undeveloped land provided the written consent of the owner is obtained. SECTION II: This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City o Medina this / day of , 1992. ATTEST: cromite, Mayo ctioA 2( Laura L. Monroe, Acting Clerk -Treasurer Published in the Crow River News this 12a-day of , 1992. RHB9352 ME230-5 4 cept that no permit shall be required for the owner of such land, the owner's immediate family, and guests on the --owners land when. accompanied by the owner. The Chief of Police shall issue permits for hunting. the discharge of fire - ems or the use of deadly weapons on undeveloped land, but such permits shall be issued only with the written consent of the owners of such land. A condition o[ every such permit shall be to have in possession all required state and federal hunting licenses while huntino.. The permits shall be subject to such conditions as are necessary to protect the health, safety and welfare of residents of the City. Appeals may be taken from the determination of the Chief of Police to the City,Council._No permits issued under this subsection shall be deemed valid unless the permit and the written consent of the landowner iG-et$ in the possession of the person using the permit. The fee for this permit shall be $3.00.` 12(,19 320.15. Discharge Near Mooney Lake: It shall be unlawfulto dis charge a firearm on or over the surface of, Mooney Lake or on or over any land area within 50 feet of the shoreline of Mooney Lake. 320.21 320,17, Gun Club Licenses. It shall be unlawful for an organization, corporation or individual to operate a gun dub or firing range within the City without previously obtaining a license therefor. The issuance by the City Council of such a license shall be subject to thefollowing. provisions: Subd. 1. Applications. Applications shall be directed to the City Clerk -Treas- urer and shall contain the name of the organization, individual or corporation, a description of the property to be used and the names of all residents within' 1,000 feet ofthe, proposed range. The City Council shall act upon the license after. such hearing as .the City,Council deems,: appropriate. Subd..2..Conditions. The City Council may imposesuch conditions on the use of "fireworks' shall not include toy pistols, toy guns, in which paper caps containing 25 hundredths grains or less of explosive compound are used and or toy pistol caps which contain Jess than 20,hundredths- grains of explosive mixture. Subd..,. "Hunting' means taking bird or mammals. or stalking or being in posses sion of a,firearm or deadly weapon for the purpose of taking birds or mammals. Subd. 5. "Street cir highway has the definition set forth in Minnesota Statutes Section 169.01. Subdivision 29. Subd. 6. 'Private road or driveway" has the definition set forth 1n Minnesota Stat utes Section 169.01 Subdivision 30. Subd. 7 "Trail" cleans a paved or unpaved pathway designed orgpparentiv used for foot traffic bicycles. skate- boards, roller skates. skiing, 5nowmobil- ing or other similar use_ NOTICE: MEDiNA ORDINNACE NO. 267 ORDINANCE RELATING TO FIRE- ARMS, DEADLY WEAPONS AND TRAPPING; AMENDING MEDINA CITY CODE, SECTION 320 TH 7 CITY COUNCIL OF THE CITY OF MEDINA ORDAINS' SECTION 1.: Section 320 pimp. of the Medina.City Code Section is amended by deleting the etsir,e- material and adding the under- lined material as follows: 320.t1. Definitions. For. the purposes of; this ordirance, th,, following terms shall have the meaning given to them: Subd. 1. "Deadly weapon' means any device or instrument designed or in- tended to caul,:: bodily injury or death to humans oc animals, including bows and arrows, slingshots, sand dubs, metal knuckles, catggers, cirks, stilettos, switch- blade knives and similar instruments, but not including firearn s. Tbe-ie4Aake-i4— cludas-any-qiwice-a: icu.".uu iontdesig+zed. et nv,r + •,K 1.1ce il-t'soe.. apturo or-trap- 04:3-of..aairaAts.. - . . Subd. 2. "Firearm' means any gun from which shot or a projectile is discharged by means of explosive, gas or compressed air. Subd. 3. "Firewod s" means any sub- stance or comb!nat;on of substances or article prepared for the purpose of pro- ducing a visible or an audible effect' by. combustion, exp'oe.ion, deflagration, or detonation, and Includes blank car- tridges, toy cannons, .and toy canes in which explosives are used, the type of balloons which require fire underneathto propel them,- firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, ar.d any fireworks con- . a licensed range as are necessary to taining any explosive substance and protect the health, safety and welfare of commonly used as fireworks. The term , the residents of the City. Subd. 3. Licenses issued by the' City Council shall be valid until December 31 next. following issuance and shall be subject to revocation upon a showing that the licenseehas: allowed unsafe condi- tions to exist on the premises or that the licensee has violated -any of the condi- tions imposed by the City Council: Subd. 4. Fees. The fee for a gun club license shall be $50.01):for each year or any part thereof for each range to be operated. Subd. 5. Not Transferable. Licenses shall not be transferred from one place, or from one person or organization to an- other without prior City Council approval. Subd. 6. Exemptions. /Private ranges or gun clubs operating before August 1, 1978, shall be exempt from this subsec- tion. 320.33-320.19. Use. of Firearms for Subd. 8. "Trap" means a device de- Law, Enforcement. Nothing in this ordi- signed for or capable of =wdna. confin nonce shall be construed r toprohibr°1 the jng: or injuring animals that does not re- use or discharge of a firearm in the lawful I quire the Immediate Presence of a Person defense of persons or property or in the t'to activate: 1 . enforcement of the law by peace officers rii „„. or„t,a,;tnA G ^„ t ^ ;„ and other -law enforcement personnel. n^^ y We^f f 320,24 320.21 Fireworks Prohibited. Qrt y ti,ic „r.,;q^n,-� ��� Minnesota Statutes, Sections 624.20 through ,-624.25,`inclusive, are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. Any violation"oP�state Iaw •is a violation of " Weapon Prohibited. The aiming or point- this ordinance ft' ,', ing of a deadly weapon,' whofkor to--4^ •L 320.23. Trapping. Subdivision 1. l'oc..uu14.1dodT=at or toward any human Statement. of Purpose. The City Councij =i; being is prohibited, except as authorized finds that aDimal trapsPose a threat to by Minnesota in'defense`of a Person small children and domestic animals' or arrest when located on or near roads. trails; ::i3Z0.Oz320.05. Selling or Furnishing a driveways or other areas that may be Deadly Weapon to a Minor. The selling, frequented by persons or domestic ani- giving, loaning or furnishing in any Nay of f orals. r.. , a deadly weapon to a minor -under 18 Subd. 2: Prohibition. Trapoing shall 6e- years of age without the writtenconsent of Prohibited in the following areas; ' 'a parent or guardian; or of a police officer !al On or within 50 feet of a street or; or magistrate is prohibited. highway: 0,0� 320.07• Minors Under 14 lb) On or within 50 feet of a private road Years. No minor, under. 14 years'of age or driveway; shall handle or have any deadly weapon fo1 On the Private property of another` in his orherposaessionorunder his orher without a permit issued under subdivision control, except while accompanied by or 3 unless exempted therein: and under the immediate charge of a parent or JOI On or within 20 feet of a trail. guardian. No minor under 14 years of age Subd. 3. Permits. A permit is required shall discharge any firearm except while for trapping on the property of another accompanied or under the immediate except that no permit shall be reauired for the owners immediate family, or guests -f4hn C„nronr.nont or uC•D of % clooki1y. 320.05,320.03. Aiming •of _. Deadly charge of a parent or guardian. _ 32.0. -1 320.09. Discharge of Firearm Prohibited. Except as specifically author- Ject to such conditions as are necessary ized by this ordinance, the discharge of a to protect the health. safety and welfare of firearm within he City is prohibited. persons and property. the Chief of Police shall issue permits for trapping only on undeveloped land provided the written consent of the owner is obtained, , SECTION II: , This ordinance shall become effective 32Lu5. 320.11 Discharge of Firearm upon.its adoption and publication. Near Dwelling or. Animals.°•.Nonperson � , Adopted by the City Council of the City shall discharge a firearm within 500feet of. , of Medina this 21st day of April, 1992. an occupied dwelling or within 500 feet of Gary M. Acromite, Mayor livestock or horses, except under the fol- ! ATTEST: Laura L. Monroe, Acting Clerk -Treas— urer Published in the Crow River News: 32013 Uhr1Or IIndpr 11 Y ntti ,e �,„^ram „f =9 cf��11 r'ic lowing circumstances: a) the dwelling or animals are located on the same property from which the firearm is discharged and the person dis- charging the firearm has a right under this ordinance to discharge firearms from said property;. - b) the dwelling orr animals are located on a different property and the person discharging. the firearm has obtained the written permission of the owner of the when accompanied by the owner. Sub - Monday June 1, 1992. CRS88 Affidavit of Publication State of Minnesota County of Wright as County of Hennepin Don R. Larson, being duly sworn, on oath says that he is the publisher or authorized agent and em- ployee of the publisher of the newspaper known as The South Crow River News and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331.02, 331.06, and other applicable laws, as amended. (B) The printed City of Medina - Ordinance No. 267 which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks; it was first published on Monday ,the 1 day of June 19 92and was thereafter printed and published on every Monday to and including , the day of 19 — : and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed and sworn to before me t . on this i4 14.- day of i J .+.i i , 19f/..2•> rl _ 0,(N-.2.-C Notary Public abcdefg hij klmno pq rstuvwxyz By. Title: Publisher Don R. Larson PUZILIC — T , f �i=i'eNEPIN COUNTY ? ��` tvty Conm,ss,cn t y 9 isg3 q4q