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3. Discussion on establishing an ordinance regulating discharge of firearms and huntingSCA►NDIA. Staff Report Date of Meeting: October 5, 2016 To: City Council From: Neil Soltis, Administrator Re: Draft ordinance regulating hunting and shooting 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. At the September 7 City Council Work Session concerns were voiced over the duration of shooting, the frequency of shooting, the use of backstops for target shooting, the proximity to houses, and the use of alcohol while shooting. Based on these concerns that following draft of an ordinance regulating hunting and shooting has been prepared Issue: Should the City look to adopt regulations regarding the discharge of firearms? Proposal Details: The draft ordinance provides regulations under with the use of firearms are permitted along with requirement for projectile containment, and a reference to the City current noise ordinance Options: 1. Recommend the ordinance be on the next City Council meeting agenda as presented 2. Recommend the ordinance be on the next City Council meeting agenda as modified 3. Defer action to reflect other concerns or language changes 4. Take no action AN ORDINANCE REGULATING HUNTING AND SHOOTING Section 1. Definitions. As used in this ordinance, the following definitions shall apply: • 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 c controlling any lands within the limit Public Place: All property owned Wisconsin, Washington County, th districts, and public streets • Shooting: The firing or dis • Single Projectile: Any single pro metallic, paper, plas or other of loading a muzzle 1 ich res being discharged. Suitable Bac mass, size, discharge Written Permission: The follow3 full name, address, dat bir authorized to hunt or sh of the landowner. ration owning, legally he City. State of school -Thether coed in a dge including y method in a single projectile ier of sufficient he projectile being information must be included: the and signature of the person l name, address, and signature Section 2. Permitted Use of Firearms. The shooting or carrying of firearms is permitted`�inder the 'following circumstances so long as no innocent party is endan' ed or �?rnless otherwise prohibited by State or Federal law. • By law lorikcL`tmen o'ficers in the line of duty or military personnel in the lune of duty. • 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. • By a certified Firearms Safety Training instructor while participating in a Department of Natural Resources approve - Firearms Safety Program. • By any person while participating in a Department of Natural Resources approved Firearms safety Program. • By any person for the destruction of diseased, injured, or dangerous birds, animals, or reptiles. • By any person on a rifle, trap, archery, or, target range established in accordance with the City's zoning ordinance or as part of a City sponsored activity. • By any person for target practice on a parcel of land at least (???) acres in size provided that the projectiles are stopped by a suitable backstop, baffled with a sound mo erator, and provided further /that the shooting occurs at lea ve hundred (500) feet from all buildings unless owned by tha son or with the other's written permission in their possessi OTE the area of a circle with a 500' radius is roughly 18 a • By any person hunting on a par of land at least (???) acres in size with a shotgun using fire s of or a slug at least five hundred (500) feet from all buildings unless the buildings are owned by that person or unless that person has the o'wner's written permission in their p kession. (N-,--. area of a ci*e with a 500' radius is roughlres) • By any person hunting o practice with a bow and arrow at least two hundred (200)froal= buildings, unless the buildings are owned by that person orless that person has the owner's written permission in their possession. (NOTE the area of a circle with a 200' radius Is roughly 2.9,�&cres) • Bow and arrow target practice may also take place within the confine a building if a uitae backstop is used. • Sy any Pers participating in pecial hunting season, which season may not,,,conflict'vith State law or regulations, established by the City Courii for\thy purpose of wildlife management. The season shall be establish by the City Council when, based upon competent professional advice such, as a conservation officer, a season is needed to reduce an animal population. Section 3. Projectile/bullet containment. It is the ultimate responsibility of the property owner to ensure that the projectiles fired on their property are contained within property boundaries. Section 4 Noise. The provisions of City of Scandia Ordinance No. 65 (An ordinance relating to noise, providing for the elimination and prevention of prohibited noise, and imposing penalties for violations) or subsequent updates shall apply to the discharge of firearms. Section 5 Regulation of Game and Fish. Minnesota Statutes, Chapters 97A, 97B and 97C, known as the Game and Fish Laws of the State of Minnesota, as amended by laws of 1969, are hereby adopted. Every provision contained in the said statute is hereby adopted and made a part of this ordinance by reference as if fully set forth herein. Section 6 Article 6. Using a Firearm while Under the Influence of Alcohol or a Controlled Substance. It is unlawful for a person who is under the influence of alcohol (greater than 0.08 b.a.c.) or a controlled substance to discharge a firearm. This article does not apply to persons lawfully defending themselves or their property. Section 7 Violations. The violation of any provision of this ordinance is a misdemeanor and the violator shall be fined or penalized not more than the maximum levels established by the Stateof,�nesota for misdemeanor offenses. ALTERNATE NOISE LANGUAGE Noise standards. Allowable noise levels for*he operat of a shooting range are the levels determined by replacing the steady state\1than d L50 state standards for each period of time within each noise area'ation with a single Leq(h) standard for impulsive noise that is two dBthat of the L10 level for steady state noise. The noise level shared outside of the range property at the location of the receiver's aording to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28, 2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to a steady state level that contains the same amount of sound energy as the time varying sound level fora0-minute k me period.