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.