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HomeMy Public PortalAbout277CITY OF MEDINA ORDINANCE NO. 277 AN ORDINANCE AMENDING SECTION 320 ET SEQ. RELATING TO HUNTING AND DISCHARGE OF FIREARMS The City Council of the City of Medina Ordains: Section 1. Section 320 et seq . of the Medina Code of Ordinances is amended by deleting ............................. ............................... the ctrickcn material and adding the high l l tee material as follows: 320.01. Definitions. For the purposes of this ordinance, coon, t ►1 f►:. ;;'; 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-e -metal knuckles, daggers, y-stilettos, switch- blade knives and similar instruments, but not including firearms or fib: veered firearms. ........................ ........................ Subd. 2. "Firearm" means any gun from which shot,er-a projectile, a shotgun the 1 err shotgari>slug ; s discharged by means of explosiveT 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 toy pistol caps which contain less than 20 hundredths grains of explosive mixture. �h:d fre'a€as y gun' from w Jinn shell or shotgun slut is sth rged by mew Subd. 4. "Hunting" means taking birds or mammals, or stalking or being in possession of a firearm or deadly weapon for the purpose of taking birds or mammals. Subd. 66. "andPrivateuaroad or drivewtr�ve� b� ay" hac the deo�.ufinition cet forthhaviz in t�ehz means every war Pr places cular �h�se gy re s cw p��app i eti. permissie ram the t er, but a �h� x t �e a son . RHB52479 ME230-5 1 .......................... ural> ` €i're • " real :::.:.:. �t.e .Le ,t urt , 1.1 Subd. q9. "Trail" means a paved or unpaved pathway designed or apparently used for foot traffic, bicycles, skateboards, roller skates, skiing, snowmobiling or other similar use. Subd. 810. "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. ............................................................................ ............................................................................ ba reas ennS those::: 'o; 114000 aflbesc€i�s�erei < 'a: ............................................................................ 320.03. Aiming of Deadly Weapon Prohibited. The aiming or pointing of a deadly weapon at or toward any human being is prohibited, except as authorized by Minnesota law in defense of a person or arrest. 320.05. C^llir F„rniGhin,,. ^ Deadly Weapons and to a Minors. 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-e minors parent or guardian, or of a police officer or magistrate is prohibited. 320.07. Minors Under 14 Years. No minor under 14 years of age shag -Slay ,'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 -the ' parent or guardian. No minor under 14 years of age shall--jq ay'discharge any firearm except while accompanied or under the immediate charge of a -the minor;+ parent or guardian. .................................................................. .................................................................. 320.09. Discharge of Firearm Prohibited. ordinance, tThe discharge of a firearm within the Gcity is prohibited the rural area.*... eatarge of a firearm anywhere within except in co or h tbis ordinance. 320.11. Discharge of Firearm Near Dwelling,' ems -Animals i i rope ty Lines. No person &hall-may,'discharge aeny;firearm within 500 feet of an ^^curi, n dwelling or within 500 feet of livestock or horses, arty fireara iSe rg ga. shotg slug roPertY, :ar shot ;::s.hell withitV g;»exce t under the following circumstances: RHB52479 ME230-5 2 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 dictancc 500 feet of the dwelling or animals thereon; or c) ...................... ...................... cif th? , adjoanj yards of tl e..p pert .................................................................. obtained the written ;e a firearm within 5 "` the dicchargc of the firearm is for the cxpresced purpocc of dcctroying a by +ho 1an own.�Y. 1. f +h„ lanaow,} roc .that„ family 320.13. Permits. Su k�d: � . Pe t Required. No person shall --may discharge a firearm or use a deadly weapon or hunt on any private or public property without a permit issued under pursuant to this ettlaseetionordinance,except that no permit shall be required for the owner of such land, the owner's immediate family, and or guests on the owner's land when accompanied by the owner. The Gchief of 12police shall may' issue permits for hunting, the discharge of firearms or the use of deadly weapons on ttaele-veleped-rural land, but such permits shall be issued only with first obtaining the written consent of the owners of such land. A condition of every such permit shall be to -that the hunter have in his or her possession all required state and federal hunting licenses while hunting. .................................................................... ubd 2 `` on;dtt o s. The permits shall be subject to such conditions as are deemed necessary by the chief of police to protect the health, safety and welfare of residents of the Gcity. Appeals may be taken from the any ,',determination of the Gchief of Ppolice to the Gcity Geouncil. No permits issued under this subsection 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 this permit shall be $3.40. as determined by resolutio of aim council.,'. .................................................. ..................................................... C!aie`Yitsit ' in s uance but 40;k0:04004g.0*00*...... 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. 320.17. Gun Club Licenses. It shall be unlawful for an organization, corporation or individual to operate a gun club or firing range within the Gcity without pre- viously obtaining a license therefor. The issuance by the Geity Geouncil of such a license shall be subject to the following provisions: Subd. 1. Applications. Applications shall be directed to the Gcity Gelerk- !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 Gcity Geouncil shall act upon the license after such hearing as the Goity Geouncil deems appropriate. RHB52479 ME230-5 3 Subd. 2. Conditions. The Getty Gcouncil 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 Geity. Subd. 3. Term. Licenses issued by the Gcity Gcouncil shall be valid until December 31 next following issuance and -but;: 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 Gcity Geouncil. Subd. 4. Fees. The fee for a gun club license shall be anypart thereof for each range to be o crated. s etermin b zeaolu th g p �..... e cou Subd. 5. Not Transferable. Licenses shall not be transferred from one place, or from one person or organization to another without prior Getty Gcouncil approval. Subd. 6. Exemptions. Private ranges or gun clubs operating before August 1, 1978, shall be exempt from this cubcection. the requirement of.obtoinin a libense pursuant to this section. 320.19. Use of Firearms for Law Enforcement. Nothing in this ordinance shall be .......................................................... ...... construed to prohibit the use or discharge of a firearm, high', powered firearm o deadly weapon in the lawful defense of persons or property or in the enforcement of the law by peace officers or other law enforcement personnel. 320.21. Fireworks Prohibited. Minnesota Statutes, Ssections 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 Gcity Geouncil finds that animal traps pose a threat to small children and domestic animals when located on or near roads, streets, highway:, trails, privaate roads or 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) Alin or within 50 feet of a street or highway; (b) Aen or within 50 feet of a private road or driveway; (c) Gan the private property of another without a permit issued under subdivision 3 unless exempted therein; no permit < e ul and (d) Aon 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 Gehief of police shall may issue permits for trapping enly-on undo doped rural:: land wed only ning the written consent of the owner is obtained . ot:suoli 12E1352479 ME230-5 4 320. 25 . Fireworks Prohibited. Minnesota Statutes, Sections 624.20 through 624.25, inclusive, arc hereby adopted by reference and made a part of this �eeTC�%sx l Liability . Nothing in this„ordf n Ohal. lac 4000 e,' " 'tth0 high powered firearm yr �ea�lyv�eap�n un a �r wit` d�,� rnapner z'evepvtxg ?cil in sir ar d ;:: . Section II. This Ordinance shall become effective upon its adoption and publication. Adopted by the city council of the City of Medina this 25th day of August, 1993. ATTEST: Anne E. Theis, Mayor Published in the Crow River News this 30th day of August , 1993. RHB52479 ME230-5 5