HomeMy Public PortalAbout509 Ordinance Amending Chapter 320 of the City Code of Ordinances Regarding Firearms, Deadly Weapons and FireworksCITY OF MEDINA
ORDINANCE NO.509
An Ordinance Amending Chapter 320 of the City Code of Ordinances
Regarding Firearms, Deadly Weapons and Fireworks
The city council of the city of Medina ordains as follows:
SECTION I: Medina city code chapter 320 is amended by adding the double underlined
material and deleting the stricken material as follows:
CHAPTER 3
POLICE REGULATION
320. FIREARMS, DEADLY WEAPONS AND FIREWORKS
Section 320.01. Definitions. For the purposes of this ordinance, the following terms shall have
the meanings given to them:
Subd. 1. "Administrative hunting rules" means the rules and regulations regarding
hunting in the sensitive hunting area which may be adopted by the city council by
resolution from time to time.
Subd. 42. "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, metal knuckles, daggers, stilettos, switch -blade knives and similar
instruments, but not including firearms or high powered firearms.
Subd. 23. "Firearm" means any gun from which shot, a projectile, a shotgun shell or a
shotgun slug is discharged by means of explosive gas or compressed air.
Subd. 34. "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; except as specified below, or other fireworks of like construction, and
any fireworks containing any explosive or inflammable compound, or any tablets or
other device containing any explosive substance and commonly used as fireworks. The
term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing
-5 1,„ iEl feE th 25/100 grains or less of explosive compound are used and toy pistol caps
which contain less than 25 hundredths20/100 grains of explosive mixture. The term
also does not include wire or wood sparklers of not more than 100 grams of mixture per
Ordinance No. 509
August 16, 2011
item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams
or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes,
snakes and glow worms, smoke devices, or trick noisemakers which include paper
streamers, party poppers, strin • goes ers sna.. ers and dro .. o . s each consistin • of not
more than twenty-five hundredths grains of explosive mixture.
Subd. 45. "High powered firearm" means any gun from which any projectile other than a
shotgun shell or shotgun slug is discharged by means of explosive gas or compressed
air.
Subd. 66. "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. 7. "Immediate family" means the landowner's spouse, parents, siblings, children
and grandchildren.
Subd. 8. "Minor" means a person under 18 years of age.
Subd. 62. "Private road or driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied permission
from the owner, but not by other persons.
Subd. 714. "Street or highway" means the entire width between boundary lines of any
way or place when any part thereof is open to the use of the public, as a matter of right,
for the purposes of vehicular traffic.
Subd. 811. "Rural areas" means property within the city which is undeveloped or
developed for residential use at rural densities and which is not served by the public
sanitary sewer or water supply systems those portions o fthe city whic „developed
or developed for residential use at low densities and which are included within any
,. d:striet o pt „rbaw r s;de tia o „burban r side„tia1
Subd. 12. "Sensitive hunting area" means that area of the city, as designated by the city
council by resolution from time to time, in which the administrative hunting rules apply.
Subd. 313. "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. 4A14. "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.
Subd. 4415. "Urban areas" means property within the city which is served by the public
sanitary sewer or water supply systems those portions of the city which are developed
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August 16, 2011
.suburban residential. For purposes of this ordinance all areas not considered to be urban
Section 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.
Section 320.05. Deadly Weapons, Firearms and 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 the minor's parent or guardian, or of a police officer or magistrate is prohibited. No
minor under 4-412 years of age may 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 the
minor's parent or guardian. No minor under 1-412 years of age may discharge any firearm
except while accompanied or under the immediate charge of the minor's parent or guardian.
Section 320.07. Discharge of High Powered Firearm Prohibited. The discharge of a high
powered firearm within the city is prohibited. Notwithstanding the above, a landownerOF
members of the landowner's immediate family or guests of the landowner accompanied by the
landowner may use a firearm or a high powered firearm of up to .22 caliber rim fire on the
landowner's land for the purpose of destroying a predator or nuisance non -game animal within
the rural areas of the city.
Section 320.09. Discharge of Firearm Prohibited. The discharge of a firearm within the city
is prohibited except within the rural areas. No discharge of a firearm anywhere within the city is
permitted except in conformance with this ordinance.
Section 320.11. Discharge of Firearm Near Dwelling, Animals or Property Lines. No
person may discharge any firearm within 500 feet of any dwelling or within 500 feet of
livestock or horses, any firearm discharging a shotgun slug within 500 feet of any property line,
or any firearm discharging a shotgun shell within 100 yard:, 300 feet of any property line,
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 500 feet of the dwelling or animals
thereon; or
(c) the person discharging the firearm has obtained the written permission of the
adjoining landowner to discharge a firearm discharging a shotgun slug within
500 feet or -100 ems a firearm discharging a shotgun shell within 300 feet of the
property line.
Ordinance No. 509 3
August 16, 2011
Section 320.13. Permits.
Subd. 1. Permit Required. No person may discharge a firearm or use a deadly weapon
or hunt on any private or public property without a permit issued pursuant to this
ordinance, except that no permit shall be required for the owner of such land, the
owner's immediate family or guests on the owner's land when accompanied by the
owner. The chief of police may issue permits for hunting, the discharge of firearms or
the use of deadly weapons on rural land, but such permits shall be issued only after first
obtaining the written consent of the owner of such land. A condition of every such
permit shall be that the hunter have in his or her possession all required state and
federal hunting licenses while hunting.
Subd. 2. Conditions. The permit 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 city and that the hunter comply with all administrative hunting rules if hunting in
the sensitive hunting area. Appeal@ ,r y he take„ from a determination of the chief
of police to the city council. No permit 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 Eleteffained established
by mien ordinance of the city council.
Subd. 3. Term. Permits issued pursuant to this section shall be valid until March 31 next
following issuance but shall be subject to revocation upon a showing that the permittee
has violated any conditions of the permit.
Subd. 4. Age Requirement. All persons 16 years of age or older shall obtain a permit
before discharging a firearm or using a deadly weapon on the property of another.
Minors at least 12 but less than 16 years of age shall not be required to obtain a permit
to discharge a firearm or use a deadly weapon on the property of another if
accompanied by an adult who is in compliance with all. city and state hunting
regulations.
Subd. 5. Appeals. Any person aggrieved by a decision of the chief of police to deny
issuance of a hunting permit or to revoke a hunting permit may appeal such denial or
revocation to the city council by submitting a written request and the administrative
appeal fee to the city clerk within 15 business days of receipt of notification of denial or
revocation. The city council shall hear the appeal at its next regular meeting occurring
not sooner than 10 days after receipt of the written appeal by the city.
Section 320.15. Sensitive Hunting Area and Administrative Hunting Rules.
Subd. 1. 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 city and adiacent communities continue to develop. The city council may by
resolution designate and, from time to time, modify areas of the city as sensitive
huntin . areas in which administrative huntin . rules a • • 1 .
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August 16, 2011
Subd. 2. The city council may by resolution establish and, from time to time, amend
administrative hunting rules which apply in sensitive hunting areas of the city. Permits
for hunting within the sensitive hunting areas shall be sub_ ect to com • liance with the
administrative hunting rules and may be revoked by the chief of police for violation
thereof.
Section 320.4-517. 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.
Section 320.4-712. 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. Term. Licenses issued by the city council shall be valid until December 31 next
following issuance 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 city council.
Subd. 4. Fees. The fee for a gun club license shall be as determined established by
resolution of the city ci' ordinance.
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 the requirement of obtaining a license pursuant to this section.
Section 320.4421. 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 or 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.
Ordinance No. 509 5
August 16, 2011
Section 320.2411. Fireworks Prohibited. Minnesota Statutes, sections 624.20 through
624.25, inclusive, as amended, 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.
Section 320.2425. Trapping.
Subd. 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 streets, highways, trails,
private 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) 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 no permit is required; and
(d) on or within 20 feet of a trail unless appropriately signed.
Subd. 3. Permits. A permit is required for trapping on the property of another except
that no permit shall be required for the owner of such land, 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 may issue permits for trapping on rural land but only after first obtaining the
written consent of the owner of such land.
Section 320.2-522. Civil Liability. Compliance With Other Law.
Subd. 1. Nothing in this ordinance shall be deemed to authorize the use of any firearm,
high powered firearm or deadly weapon in a manner which will is likely to endanger
any person or property and no permit granted hereunder shall in any manner relieve the
person acting thereunder from any civil liability for any resulting injury or damage.
Subd. 2. Nothing herein shall be construed as to be contrary to federal or state law
regardin • the dischar a of a firearm or use of a deadl wea • on or to authorize the
violation of such federal or state law.
Ordinance No. 509 6
August 16, 2011
SECTION II. The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 16th day of August, 2011.
T.M. Crosby, Jr J lylayor
ATTE
Doug1 . lder
Interi City Administrator -Clerk
Published in the South Crow River News the 25th day of August, 2011.
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August 16, 2011