HomeMy WebLinkAboutOrd. 394 - Hunting RegulationsCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 394
AN ORDINANCE AMENDING CITY CODE TO UPDATE HUNTING REGULATIONS
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 5: POLICE REGULATIONS
CHAPTER 4: WEAPONS
5 -4 -1: DISCHARGE OF WEAPONS:
A. Definitions: The following definitions shall apply in the interpretation and
enforcement of this section:
BOW: All long bows used for target and hunting purposes as regulated and defined by
Minnesota Statutes Chapter 97B.
FIREARM: Means a gun
that discharges shot or a proiectile by means of an explosive, a gas, or compressed
air.
HANDGUN: A hand held . e it a rifl , a s w ,, t o pe t
gyp" ...-� an ai8cxxiugxxr�cr3iixg c ° c " vc vi�crr,, c crc
time: weapon designed to be fired by the use of a single hand and with an overall
length less than 26 inches, or having a barrel or barrels of a length less than 18 inches
in the case of a shotgun or having a barrel of a length less than 16 inches in the case
of a rifle (1) from which may be fired or eiected one or more solid projectiles by
means of a cartridge or shell or by the action of an explosive or the igniting of
flammable or explosive substances: or (2) for which the propelling force is a spring,
elastic band, carbon dioxide, air or other gas, or vapor.
IMMEDIATE FAMILY: All persons related to the landowner that shall which includes the
children, siblings grandchildren and their respective spouses.
RIFLE: A shoulder weapon with a long bereEl grooved barrel ,.,.,,,..els e nd ,,:.,,.�.,.,.ging a ,a,.
Vl VClL1 �,J
shot er-pellet at -a tine. that uses the energy of the explosive in a fixed metallic cartridge to
fire only a single proiectile (bullet).
SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels and :,:,fmall��
more th p ellet t t a time _e.. t when usin a sii, le slug. which utilizes gunpowder or
any other burning propellant and discharges more than one projectile at a time except
when using ammunition containing a single slug or a combination of both a single slug and
shot in the same shotshell. For the purposes of this Ordinance, a muzzleloader, as
regulated by the State of Minnesota, shall be considered a shotgun.
(Amended Ord. 240,10-6-1998, eff. 1 -1 -1999; amd. 2003 Code)
B. For the purposes of this Seetion- Ordinance, except Section D. 2 ., "Firearms" and
"Handguns" do not include a device firing or eiecting a shot measuring .18 of an inch or
less in diameter, commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used
in the construction industry or children's pop guns or toys. Notwithstanding these
exceptions, all other state laws and City Ordinances regarding the use of these items shall
apply.
B-. C. Compliance With Provisions: No person shall discharge at any time a firearm or bow upon
or onto any land or property within the city except as provided by this section.
E D. Prohibited Discharges:
1. No person shall discharge a firearm within five hundred feet (500') of any residence or a bow
within one hundred fifty feet (150') of any residence except with the permission of the
property owner.
2. No person shall discharge a firearm or bow on public property owned or operated by the city,
county, state or school district.
3. The discharge of a rifle or handgun utilizing a solid projectile shall not be allowed within the
city.
D-. E. Permitted Discharges; Restrictions:
1. Written permission by the property owner shall be given to any person prior to the discharge
of a firearm or bow on his/her property.
2. When recreational target shooting is conducted, the projectile shall be directed at a target with
a backstop of sufficient size, strength and density to stop and control the projectile.
3. When discharging a firearm or bow, the projectile shall not carry beyond the property line.
(Amended Ord. 240,10-6-1998, eff. 1 -1 -1999)
4. All hunting shall be conducted in compliance with the regulations of the State of
Minnesota.
F. Hunting Restrictions and Zones Established: The City of Andover Hunting Map
attached to this Ordinance and on file in the office of the City Clerk shall establish zones
where the discharge of firearms or bows are permitted. Said may and the language
contained and stated on the map shall become part of this section. No discharge of
firearms or bows for the purpose of hunting shall be permitted except in compliance with
the regulations of the State of Minnesota, the designated areas established on the City of
Andover Hunting Map, the restrictions of this section and the following:
1. Restricted Zone North:
a) A minimum property size of ten acres is required for the discharge of
firearms for the purpose of hunting or target shooting.
b) A minimum property size of 2.5 acres is required for the discharge of a bow
for the purpose of hunting or target shooting.
2. Restricted Zone South:
a) A minimum Property size of forty acres is required for the discharge of
firearms for the purpose of hunting deer.
E: b) Permit To Hunt Deer:
1. Permit Required: An individual annual or seasonal permit is required by the
city for the discharge of firearms for the purpose of hunting deer with a shotgun
(slug only) in Restricted Zone South. Only landowners or immediate famil
members as defined in this Ordinance are eligible for this Permit. desiffnat
i nstitutional ••se (Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999; amd. 2003
Code)
2. Consent Of Property Owners: A request for such permit shall be accompanied
by written permission from fifty percent (50 %) or more of the adjacent
landowners.
3. Time Limit On Acquiring Permit: Permits shall be obtained from the city thirty
(30) days prior to the opening day of firearm deer season as established by the
Minnesota Department of Natural Resources.
4. Conditions Of Issuance: Such permit shall only be issued under the terms
consistent with this section and all applicable state and federal laws and
regulations concerning the hunting of deer via firearm and discharge of firearms
shall occur no closer than one-quarter (1/4) mile from anv urban
development, park or institutional use.
c) A minimum property size of ten acres is required for the discharge of
firearms for the purpose of hunting geese during Early Goose Season and waterfowl
during the Regular Waterfowl Season as regulated by the State of Minnesota
d) A minimum property size of 2.5 acres is required for the discharge of a bow
for the purpose of hunting or target shooting.
3. Prohibited Zone:
a) The discharge of firearms and bows are prohibited.
G. Exemptions From Provisions:
1. The provisions of this section shall not apply to the discharge of firearms, rifles or handguns
when done in the lawful defense of persons or property. No part of this section is intended to
abridge the constitutional right to keep and bear arms.
2. The City Council may approve an exemption to this section to allow the discharge of firearms
and bows for the sole purpose of managing and controlling wildlife populations, provided the
hunt has received the support from the Minnesota Department of Natural Resources.
Fr H. Violation; Penalty: Any person who violates any provision of this section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished according to state law.
(Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999)
Adopted by the City Council of the City of Andover on this 6 t1i day of July, 2010.
CITY OF ANDOVER
ichael R. Gamache, Mayor
ATTEST:
� W-W"r; (h. C1-k) -r-ul-j
Michelle Hartner, Deputy City Clerk
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