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HomeMy WebLinkAboutCity Council Ordinance 1992-21NO. 92- d AN ORDINANCE RELATING TO PUBLIC SAFETY AND AUTHORIZING THE ISSUANCE OF PERMITS FOR THE HUNTING OF DEER IN CERTAIN AREAS OF PLYMOUTH THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Sec. 1. The Plymouth City Code, Subsection 930.02 is amended to read: 930.02. General Rule. No person shall engage in hunting or shoot or discharge any firearm, air rifle, pellet gun, crossbow, bow, or any other weapon within the corporate limits of the City except as follows: (a) Persons duly authorized to act as law enforcement officers, or members of the military forces of the United States or the State of Minnesota in the discharge of their duties. (b) Persons engaged in target shooting, with inanimate objects as targets within a building or structure totally enclosed where the sound of the shooting or discharge will not be a nuisance to persons occupying adjacent property. (c) Persons engaged in target or trap shooting on target or trap shooting ranges licensed by the City. (d) Persons acting in self-defense when the use of firearms for that purpose would not be otherwise unlawful. (e) For the destruction of animals, birds, or reptiles which are diseased, injured, dangerous or causing destruction to property by persons specifically authorized to do so by the City Manager. (f) Persons engaged in target shooting with bows and arrows, provided that such target shooting does not occur within 100 yards of any dwelling, place of business, school, place of worship or other structure likely to be occupied by people measured from the closest property line of the target range to the adjacent building. (g) Persons engaged in the taking of rough fish by bow and tethered arrow pursuant to Subsection 930.04. (Amended, Ord. No. 92-11, Sec. 2.) LZ Persons hunting deer by means of bow and arrow as allowed by Subsection 930.06. Sec. 2. The Plymouth City Code is amended by adding a new section to read: 930.06. Subdivision 1. Bow Deer Hunting Season. Persons may hunt deer by means of bow and arrow in the City of Plymouth during regular Minnesota State bow and arrow deer hunting season if they hold a valid Minnesota bow and arrow deer hunting license and a valid Plymouth City deer bow hunting permit. Subd. 2. Permits. (a) Bow deer hunting permits shall only be issued to hunt deer on private property. (b) No City permit shall be issued to hunt deer on any parcel of land that is less than ten (10) acres in size and such hunting may take place only on property which is located North of a line drawn East along Medina Road to Dunkirk Lane, North on Dunkirk Lane to Highway 55, East on Highway 55 to Vicksburg Lane then North on Vicksburg Lane to the northern border of the City or in that portion of Pike Eagle Lake Park which is located in the City of Plymouth North of Bass Lake Road between Zachary Lane and Highway 169. No permit shall be issued to hunt deer within 500 feet of any dwelling, place of business, school, place of worship or other structure likely to be occupied by people. (c) No City permit shall be issued unless the applicant provides proof in the form of written authority from the owner of the land that permission has been granted to hunt on the property. A landowner can impose any restrictions or requirements they wish on the granting of permission to hunt, including regulating the dates or times the permit is valid; provided, however, no restriction shall be in conflict with State law or any City Ordinance, and applicant shall follow said restriction or requirement. (d) Bow hunting permits issued pursuant to this section are valid only when all the requirements of the Plymouth City Code and the Minnesota hunting regulations are complied with. (e) A bow hunting permit issued under this section is valid only for hunting on the property of the landowner who has granted permission under this section. It is the responsibility of the permit holder to know the boundaries of the land on which they are authorized to hunt. Subd. 3. Proof of Permission. The proof of written permission from a landowner shall be on a form provided by the City. The form shall state: 1. The full name, date of birth and address of the applicant. 2. The name, address and phone number of the property owner. 3. A description of the property on which the deer hunting is to be allowed. 4. Any restrictions on the use of the property for hunting deer. 5. Any other information the City Manager determines is relevant. Subd. 4. Revocation. A permit issued under this section is subject to suspension or revocation for a violation of any of the requirements of this section or for any of the reasons set forth in Section 1005.21 of the Plymouth City Code. (a) Notice. A permit holder shall be notified by certified mail at the address listed on his/her bow deer hunting permit application of the City's intent to revoke their bow deer hunting permit, and their right to a hearing within ten days before the City Manager for a determination as to whether or not a violation of this section occurred. If the permit holder does not request such a hearing within ten days, the City Manager shall make such order as he deems proper. (b) Hearing. If the permit holder requests a hearing for a determination as to whether the permit should be revoked, such hearing shall be held at a date no more than two weeks after the demand for such hearing. Any records or reports from the police department, animal control officers, or officers of the Minnesota Department of Natural Resources shall be admissible without further foundation. After considering all the evidence, the City Manager shall determine whether or not to revoke the permittee's bow hunting permit. (c) Ineligibility. Any person who has had their bow deer hunting permit revoked pursuant to this section is ineligible to obtain a bow deer hunting permit for the next hunting season. Subd. 5. Subsequent Seasons. A bow deer hunting season is authorized for the hunting season beginning in the fall of 1992. Each subsequent year, on or before August 1, the City Manager shall determine and report to the Council if the public safety and conservation interests of the City justify allowing a bow deer hunting season in the City the upcoming season. The City Council will then make a determination whether the City Manager is authorized to issue permits for the upcoming season. Subd. 6. Survey. The City Manager is authorized to prepare a survey card to be distributed to all permit holders to determine the number of deer taken, the location the deer were taken, the sex of the deer taken and any other information the City Manager feels is relevant to make informed decisions on the management of the deer population in Plymouth. Failure to return the survey card shall be grounds to deny a bow hunting permit for the next season. Subd. 7. Permit Fees. The City Clerk shall charge an administrative fee for processing the application and issuing the permit authorized by this section as provided for in section 1015.21 of the Plymouth City Code. Subd. 8. Violations. Violation of any of the terms of a permit issued under this section is a misdemeanor. Sec. 3. Section 1015.21 of the Plymouth City Code is amended by adding the following provision: Bow and arrow deer hunting permits $10 Sec. 4. This ordinance is effective upon its passage and publication in accordance with Section 110.11. T yor ATTEST: City'Clerk 6003N Published: Plymouth Sun Sailor, 7-29-92,