5. Discussion on discharge of firearmsSCANDIA
Staff Report
Date of Meeting: September 7, 2016
To: City Council
From: Neil Soltis, Administrator
Re: Discharge of firearms
Background: The City has received complaints regarding the discharge of firearms in proximity to
residences and the duration over which the shooting has occurred. The only regulations that the
City has in place regarding the discharge of firearms are the ordinances regarding hunting in parks
and noise.
Attached are copies of ordinances from neighboring communities and from the League's model
code of ordinances that could serve as examples.
Issue: Should the City look to adopt regulations regarding the discharge of firearms?
(2) Upon a finding of guilty for violation of division (C)(1) of this section, an
offender shall be punished as provided in § 130.99. Each and every day that graffiti is permitted
to remain beyond the time specified in division (C)(2) of this section shall constitute a separate
violation.
(F) Compliance by the city.
(1) It is the intention of the city that graffiti discovered upon city property or
public property under the jurisdiction and control of the city will be removed within the time
periods for graffiti removal imposed upon other governmental bodies and owners of private
property under this section. The City Council shall have the authority to order and direct the
removal of graffiti.
(2) A designated city officer, or his or her designee, shall provide, no less than
semi-annually, a written report to the City Council of graffiti incidents involving city property
and removal efforts by the city. The report shall include at a minimum the location of the
graffiti, charges filed against or convictions of offenders where relevant, the date and methods of
graffiti removal undertaken by the city and the cost of the removal.
Penalty, see § 130.99
§ 130.02 DISCHARGING FIREARMS.
(A) Shooting upon, over or near a cemetery. Except as provided by M.S. § 97A.137,
for wildlife management areas that are 40 acres or greater, no person shall, without permission
from the proper officials, discharge a firearm upon or over a cemetery or within 100 yards
thereof, unless the person is upon his or her own land.
(B) Hunting near a city park. Except as provided by M.S. § 97A.137, for wildlife
management areas that are 40 acres or greater, no person shall hunt, shoot, or kill game within %z
mile of a city park unless the City Council has granted permission to kill game not desired within
the limits prohibited by this division.
(C) Discharge of firearms prohibited in certain places. No person shall discharge a
firearm on a lawn, park, playground, orchard, or other ground appurtenant to a school, church, or
an inhabited dwelling, the property of another, or a charitable institution. This section does not
prevent or prohibit the owner thereof from discharging firearms upon his or her own land.
(D) Discharging firearms on highways prohibited. No person shall discharge a
firearm upon or over a public road or highway.
(E) Exceptions. This section shall not prohibit the firing of a military salute or the
firing of weapons by persons of the nation's armed forces acting under military authority, and
shall not apply to law enforcement officials in the proper enforcement of the law, or to any
person in the proper exercise of the right of self defense, or to any person otherwise lawfully
permitted by proper federal, state or local authorities to discharge a firearm in a manner contrary
to the provisions of this section.
(F) If any of the above provisions are found to be in conflict with M.S. § 624.717, as
it may be amended from time to time, the provisions of that statute shall prevail.
Penalty, see § 130.99
§ 130.03 CURFEW FOR MINORS.
ORDINANCE NO. 57
AN ORDINANCE REGULATING THE USE OF FIREARMS AND WEAPONS IN
THE TOWN
OF GRANT, WASHINGTON COUNTY, MINNESOTA.
THE BOARD OF SUPERVISORS OF THE TOWN OF GRANT DOES ORDAIN
AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following
definitions shall apply:
a: Firearm means any weapon from which shot, bullet or other
projectile is discharged by a solid propellant.
b. Shotgun means a shoulder firearm fron a.hich shot or a lecal
shotgun slug is discharged by means of a solid propellant;
muzzleloading rifles of legal caliber are included in this category.
c. Air gun means anyq rifle, pistol or revolver by which a
projectile is discharged by means of compressed gas, but does not
include the so-called BB guns.
d. Public places include all property owned by the State of
Minnesota, the County of Washinnton or the Township of Grant or other
political subdivision of the State of Minnesota; public roadways and
streets within the Township; cemeteries; and places of public
accommodation.
e. Ranges: See Section 2. a. "Public Target Ranges;" Section 2. b.
"Private Target Ranges;" and Section 3. g. "Personal Ranges."
Section 2. Illegal Use of Firearms.
a. Except as hereinafter provided, no person shall discharge upon,
over, or onto the land of another a firearm of any kind; bow and
arrow, crossbow, or any nar gun, BB gun, sling shot, or other devices
for the propulsion of shots or metal pellets by means of compressed
air, gas or mechanical spring action, within the limits of the Town
of Grant, without the express written and dated permission of the
owner or lessee of such property to discharge such firearms, weapon
or other device thereon.
b. Except at taraet ranges as defined in Section 3. hereunder, no
person shall discharge at any time whatsoever, a rifle, pistol or
revolver of a caliber creater than a .22 long rifle.
Section 3. Public and Private Tarqet Ranqes: Reference Section 4.
Gun Ranges.
a. A public target range shall be defined as an area for the
discharge of weapons for sport under controlled conditions which is
privately owned but open to the public, and for the use thereof a fee
is charged.
b. A private target range shall be defined as an area for the
discharge o! wenpons for sport which area and the use thereof is
controlled by a club or association and, except for special events,
use thereof is limited to members of the group or association.
c. The Board of Supervisors is hereby authorized to issue
conditional use permits for the operation and maintenance of public,
private and personal target ranges in accordance with ordinances of
the Town of Grant and other applicable law. Said conditional use
permits mny be issued upon application, compliance with requirements
for issuance of conditional use permits, and payment of an annual
fee, the dollar value of which is to be determined by the Town Board.
Provided, however, that no conditional use permit may be issued until
after the Board of Supervisors has visited the site and determined
that such use will not constitute a hazard to the health, snfety or
general welfare of the public or be or create a public nuisnnce. At
nny time, upon ten (10) days written notice, the Board of Supervisors
may originate action to cancel any such permit upon determining that
such use constitutes a hazard to the health, safety or general
welfare, or has created a public nuisance. A public hearing by the
Planning Commission, with proper publication and notification, will
be required.
d. The Board of Supervisors may prescribe rules and regulations,
from time to time, for the construction and operation of said target
ranges, including proof of public liability insurance; and may cancel
or refuse to renew said permit for violation of such rules and
regulations.
Section 4. Gun Ranges. Reference National Rifle Association
(hereinafter referred to as N.R.A.) documents, Section 4, item e.
a. Shotgun ranges, basic:
1. Shotfall zone: 300 yard radius, with a 600 yard base. (Consult
appropriate N.R.A. manual.)
2. The shotfall zone will be set back a minimum of 100 yards from
every lot line.
b. Outdoor pistol ranges, basic:
1. The basic size for a 20 -target range will be 180 feet by 130 feet.
2. Firing lines will be located at 25 yards and 50 yards.
3. The basic range will be set back a minimum of 100 yards from every
lot line.
c. Outdoor high power rifle ranges, basic:
1. The maximum permitted firing range will be 100 yards.
2. Firing positions will be 6 feet apart.
3. The ricochet zone will be 550 yards long and will extend 200 yards
on either side of the impact zone's center line.
4. The ricochet zone will be set back a minimum of 100 yards from
every lot line.
d. Outdoor small bore rifle ranges, basic:
1. The maximum permitted firing range will be 100 yards.
2. The basic size for a 10 -target layout will be 300 feet by 53 feet.
3. Firing positions will be 5 feet apart.
4. The basic layout will be set back a minimum of 100 yards from
every lot line.
e. Conformity of the above ranges to N.R.A. specifications:
1. The above four ranqe types must basically conform to the following
National Rifle Association's documents which are on file with the
Town Clerk under the assigned designations shown:
a. Shotgun range suggestions (Grant Firearms Ordinance Manual One)
b. Outdoor pistol range suggestions (Grant Firearms Ordinance Manual
Two)
c. High power rifle ranges (Grant Firearms Ordinance Manual Three)
d. Small bore range suggestions (Grant Firearms Ordinance Manual
Four)
e. Range rationale (Grant Firearms Ordinance Manual Five)
f. Partime special range suggestions (Grant Firearms Ordinance
Manual Six)
2. Exceptions may be allowed to non-essential portions of N.R.A.
specifications such as bleachers, target houses, range officer
stands, the number of firing positions, target holders, underaround
target butts, covered firing points and other similar features, after
appropriate review.
3. Backstops, berms and ricochet catchers shall be per N.R.A.
specifications Grant Firearms Ord. Manuals 1-6.
f. In all cases, the four range types listed above must meet the
following conditions:
1. Buildings will be set back 150 feet minimum from the - front lot
line.
2. The septic system(s) must meet Washington County specifications.
3. Parking will be regulated by Township Ordinance No. 712.
4. Entrance and exit driveways will be properly signed and otherwise
conform to County and Township specifications.
5. There must be adequate caution signs at the basic danger zone
perimeters.
g. Personal ranges:
1. A person who engages in habitual target firing or plinking (firing
at non -game targets) with legal firearms on his own property, or with
legal firearms on the property of another with the express written
permission of the owner or lessee, will be required to secure a
permit allowing a personal range.
2. The term "habitual" is herein defined as meaning "for two (2)
periods within 30 days, each period exceeding 10 minutes within the
span of one(1) hour" One infraction per a given day is the assigned
intended maximum.
3. As an operator or user of a personal range, the marksman (or
marksmen) must baffle the firing with a sound moderator as detailed
on Page 26 of the N.R.A. document entitled "Partime Special Range
Suggestions" (Grant Firearms Ordinance Manual No. 6) and must utilize
a bullet trap which conforms to the same document.
4. Annual range fees, if required, will be set by the Town Board.
Section 5. Unlawful Discharge of Firearms, Air Guns or Bow and Arrows
a. It shall be unlawful for any person, within one-half (1/2) mile,
to discharge any rifle, pistol or revolver in the direction of any
building, excepting the owner or lessee of said building.
b. Shot guns, bows and arrows, crossbows, air guns, sling shots or
any other similar device for the propulsion of shots or metal pellets
by means of compressed air, gas or mechanical spring nction, may not
be discharged, within 500 feet, in the direction of any building
cxcept by the owner or lessee of aaid building.
c. It shall be unlawful for any person to discharge any gun, pistol,
revolver, or other firearm or air gun in any public place whatsoever
in the Town of Grant.
Section 6. Penalties. Violations of this ordinance are punishable
by a fine not to exceed $500.00 or imprisonment in the county jail
for a period of not more than ninety (90) days or both, but in either
case the cost of prosecution may be added.
Section 7. Repeal. Ordinance No. 17, Ordinance No. 47, and all
other ordinances that may be in conflict herewith are hereby repealed.
Section 8. Separability. It is hereby declared to be the intention
that the several Provisions of the Ordinance are separable in
accordance with the following:
a. If any court of competent jurisdiction shall adjudge any
provision of this Ordinance to be invalid, such judgment shall not
affect any other provisions of this Ordinance not specifically
included in said judgment.
b. If any court of competent jurisdiction shall adjudge invalid the
application of any portion of the Ordinance to a particular property,
building, or other structure, such judgment shall not affect the
application of said provision to any other property, building or
structure not specifically included in said judgment.
c. Nothing contained in this Ordinance repeals or amends any
ordinance requiring a permit or license to engage in any business or
occupation.
Section 9. Effective Date. This Ordinance shall be in full force
and effect from and after its passage and publication according to
law.
ACOPTED BY THE BOARD OF SUPERVISORS OF THE TOWN OF GRANT
THIS 2nd DAY
OF APRIL, 1985.
Chairman
ATTEST:
Clerk
ARTICLE 504: FIREARMS
Section 504.01: Definitions
For purpose of this Article, air gun means any air rifle, air gun, B -B gun, spring gun, or
similar device for the propulsion of shot or other metal pellet by means of compressing air or
mechanical spring action.
Section 504.02: Discharging Prohibited
A. No person shall discharge any gun, pistol, revolver or other firearm or air gun within
the boundaries of the Town of May, except as allowed by this Article, or unless such
person is a duly authorized law enforcement office in performance of duty.
B. The place of discharge of a firearm within the Township must be five hundred (500)
feet or more away from a residence, whether or not inhabited.
C. There shall be no hunting in Township road rights-of-way.
Section 504.03: Exceptions (Amended Ord. 2014-11, Effective March 20, 2015)
A. No one is exempt from the 500 foot residence setback prohibition for discharging a
firearm as stated in 504.02 B. as it applies to neighboring residences, unless they have
written, dated permission from the owner or occupier of such neighboring residences.
B. Subject to 504.03 A. above, the following persons are exempt from the stated
prohibition in 504.02 B. and may discharge a firearm closer than 500 feet of a
residence, but only if such residence:
1. is owned or occupied by them, or
2. is on property that is owned or occupied by a relative by blood or marriage, or
3. is on property where they, their spouse and children, are employed and living,
if such property is owned by their employer, or
4. is on property where they have written dated permission from the owner or
occupier of such residence.
Section 504.04: Violation
A violation of this Article shall be a misdemeanor violation as enumerated in Article 102,
Section 102.09 of this Code.
Chapter 5 — Public Health, Safety and Welfare Art. 504: Firearms
5-12
ORDINANCE NO. f 0 a
STILLWATER TOWNSHIP
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE REGULATING
HUNTING AND SHOOTING
THE BOARD OF SUPERVISORS OF STILLWATER TOWNSHIP HEREBY ORDAIN:
Section 1. Definitions. As used in this ordinance, the
following definitions shall apply:
Com: The handling or transportation of a firearm
concealed or otherwise outside a person's domicile.
Dismantled Firearm: Any unloaded firearm or bow which is
dismantled in such a manner so as to prevent shooting.
Encased Firearm: Any unloaded firearm or bow, placed in a
case which is tied or otherwise secured in a manner
provided, to prevent shooting it.
Fine Shot: Shot sizes number BB through 9, inclusive.
Firearm: Shotguns, rifles, bows and arrows, air -rifles, BB
guns, handguns, regardless of the method of propulsion.
Landowner: Any person, group, firm, or corporation owning,
leasing, or legally controlling any lands within the
territorial limits of the Township.
Public Place: All property owned by Stillwater Township,
Washington County, the federal government, school districts,
public streets, cemeteries, places of public accommodation.
Shootin : The firing or discharge of any firearm.
Single Projectile: Any single projectile, whether contained
in a metallic, paper, plastic, or other cartridge including
any method of loading a muzzle loader which results in a
single projectile being discharged.
Suitable Backstop: Any natural or man-made barrier of
sufficient mass, size, or construction to wholly contain the
projectile being discharged.
Trail: A path in public ownership for use by pedestrians,
bicycles, horseback riding, and non -motorized vehicles.
r05/14/91
Written Permission: The following information must be
included: the full name, address, date of birth, and
signature of the person authorized to hunt or shoot; the
full name, address, and signature of the landowner.
Section 2. Permitted Use of Firearms. The shooting or
carrying of firearms is permitted under the following
circumstances so long as no innocent party is endangered unless
otherwise prohibited by State or Federal law.
A. By law enforcement officers in the line of duty or
military personnel in the line of duty.
B. By any person to resist or prevent an offense which that
person reasonably believes exposes that person or another to
great bodily harm or death. I
I
C. By a certified Firearms Safety Training instructoF while
participating in a Department of Natural Resources approve
Firearms Safety Program.
D. By any person while participating in a Department of
Natural Resources approved Firearms Safety Program.
E. By any person for the destruction of diseaed, injured,
or dangerous birds, animals, or reptiles. I
F. By any person on a rifle, trap, archery, o target range
established in accordance with the Township's zoning ordinance or
as part of a Township sponsored activity.
G. By any person for target practice on a parcel of Iand at
least five (5) acres in size provided that the projectiles;are
stopped by a suitable backstop and provided furtherthat the
shooting occurs at least five hundred {500} feet from all
buildings unless owned by that person or with the owner's written
permission in their possession. y
i
H. By any person hunting on a parcel of land at leas five
(5) acres in size with a shotgun using fine shot or }a slugat
least five hundred {500) feet from a Township trail and five
hundred (500) feet from all buildings unless the buildings are
owned by that person, or unless that person has the Owner's
written permission in their possession.
I. By any person hunting or target practicing on a parcel
of land at least five (5) acres in size with a bow and arr w el
at
least two hundred (200) feet from all buildings, unless the
buildings are owned by that person or unless that person his the
owner's written permission in their possession. Bow and ar ow
target practice may also take place within the confines of a
building if a suitable backstop is used.
-2-
J. By any person participating in a special huntingseason,
which season may not conflict with State law or regulatio s,
established by the Town Board for the purpose of wildlife
management. The season shall be established by the Town Bard
when, based upon competent professional advice such as
conservation officer, a season is needed to reduce an ani al
population.
K. By any person possessing, transporting, or carry!
handguns as specifically allowed by State law.
L. By any person slaughtering farm animals which th own
or with the owner's permission.
M. Carrying a firearm that is dismantled or encased.
Section 3. Prohibitions. Except as specifically allwed in
Section 2: r
A. Hunting or carrying a firearm in a public place
prohibited.
B. The shooting of a firearm is prohibited.
C. Hunting is prohibited.
D. The carrying of a firearm in a motor vehicle, or in any
private place unless the private place is owned by the person
carrying the firearm or with the owner's written permission which
is not encased is prohibited. I
E. Carrying or shooting a firearm by any person unde the
age of fourteen (14) is prohibited except when accompaniedilby a
parent, adult guardian, or certified safety training instructor.
Section 4. The violation of any provision of this ordinance
is a misdemeanor and the violator shall be fined or penalizT
d not
more than the maximum levels established by the State of Minnesota for misdemeanor offenses.
Section 5. Stillwater Township Ordinance No. 39 is
repealed.
Section 6. This ordinance shall be effective immediately
upon its passage and publication.
-3-
ADOPTED by the Board of Supervisors of Stillwater
this _o?_? day of 1991.
AT, ES ;
Pat Bantli, Clerk
STILLWATER TOWNSHIP'
BY:
-4-
e