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A. Definitions: For purposes of this section, the terms defined in this subsection have the meanings given them:
AIR PISTOLS: Any hand weapon that propels a projectile by means of compressed air or carbon dioxide.
AIR RIFLES: Any shoulder weapon that propels a projectile by means of compressed air or carbon dioxide. Air rifles shall include BB guns.
FIXED AMMUNITION: Gun ammunition of the type comprising a cartridge case with primer, a propellant charge and a projectile or projectiles (fused or unfused), all of these components being assembled as a unit for one firing.
PISTOL: Any handgun capable of propelling fixed ammunition.
RIFLE: Any shoulder weapon designated as a rifle, capable of propelling fixed ammunition.
SHOTGUN: Any smooth bore weapon designated as a shotgun capable of propelling fixed ammunition. (1974 Code § 925.02)
B. Rifles, Pistols, Shotguns, Air Rifles And Air Pistols: The shooting or carrying of rifles, shotguns, pistols, air rifles and air pistols which are not encased or dismantled is prohibited in the city except in the following circumstances:
1. By law enforcement officers in the line of duty; or
2. By a person discharging any rifle, shotgun or pistol when in the lawful defense of person, property or family, or the necessary enforcement of the law; or
3. By any person discharging a rifle, shotgun or pistol on a licensed shooting range within the city; or
4. By a person shooting or carrying an unencased and undismantled .22 caliber rifle with CCI Quiet .22 caliber long rifle ammunition only when such shooting and carrying occurs while participating in a gun safety instructional program administered and sponsored by the Minnesota department of natural resources on land zoned E-1 where the zoning requirements for the program have been met and where the landowner has given written consent and only at specific locations on the land that have been approved and designated in writing by the city's chief of police. In granting approval of the specific locations, the city's chief of police may impose conditions, limitations and restrictions with respect to the number of participants, the number of instructional sessions, the times and dates of the instructional sessions, the number and placement of warning signs and the duration of the program. (Ord. 1257, 9-10-2012)
5. By employees of any government entity approved by the Chief of Police, when needed to harvest or reduce populations of animals within the city limits.
C. Restrictions On Use Of Bow And Arrow:
1. The shooting or discharge of any bow and arrow within the city is hereby prohibited except in any of the following circumstances:
a. While hunting or engaged in target practice in that geographic portion of the city designated on the map, effective September 17, 2016, on file with the city clerk as the area available for hunting or target practice, subject to the conditions hereafter set forth; the above identified map is hereby approved and hereby incorporated by reference and made a part of this section; or
b. While engaged in target practice within an enclosed structure; or
c. While engaged in target practice at a posted and designated archery range in a city park; or
d. While engaged in target practice on school or college grounds as part of an instructional course or supervised recreational activity and only with the permission of the school or college; or
e. While engaged in target practice at a licensed commercial archery range.
2. Provided, however, the shooting or discharge of a bow and arrow under the circumstances described in subsection C1 of this section relating to hunting or target practice in that geographic portion of the city designated on the map, effective September 17, 2016, on file with the city clerk shall only occur if the following conditions are met:
a. All persons who are hunting must register with the police department and must also provide a copy of their hunting license. Hunters who will be hunting on someone else's property will be required to show written permission from the property owner and must also provide proof of proficiency. Property owners/tenants, and all those related individuals as hereafter defined by this section, who hunt on their own property will not need to provide proof of proficiency. Proof of proficiency may be obtained at a local or regional archery range or outdoor sporting goods store, the measure of which is the ability to shoot five (5) of five (5) arrows into a four inch (4") target at twenty (20) yards. The proficiency test must be completed every twenty four (24) months from the original certification date.
b. There shall be no shooting or discharge of any bow and arrow within three hundred feet (300') of any residential or commercial structure; provided, however, the prohibition contained in this subsection C2b shall not apply: 1) if the person shooting or discharging the bow and arrow owns the residential or commercial structure or 2) if the owner of the residential or commercial structure consents in writing to allow shooting or discharge of a bow and arrow within three hundred feet (300') of such residential or commercial structure and the written consent is filed with the city police department prior to the shooting or discharge.
c. There shall be no shooting or discharge of any bow and arrow within two hundred feet (200') of any driveway not owned by the person engaged in the shooting or discharge, unless the owner of the driveway consents in writing and files the written consent with the city police department prior to the shooting or discharge.
d. There shall be no shooting or discharge of any bow and arrow within two hundred feet (200') of any public street or private roadway.
e. On an individual parcel less than five (5) acres in size, no shooting or discharge of a bow and arrow shall occur unless allowed under subsections C2f and C2g of this section.
f. On an individual parcel of two and one-half (2.5) acres or more in size but less than five (5) acres in size, the owners of the parcel, the tenants of the parcel and the spouses, parents, children, grandparents, aunts, uncles, brothers and sisters of the owners or tenants may shoot or discharge a bow and arrow on such parcel for hunting or target purposes.
g. On contiguous parcels that are cumulatively five (5) acres or more in size when combined, the owners of the parcels, the tenants of the parcels and the spouses, parents,those receiving written permission from all the owners may shoot or discharge a bow and arrow on such parcels for hunting or target purposes if the owners of the contiguous parcels in writing consent to the use of the parcels for such purposes and the owners have filed the written consent with the city police department prior to the shooting or discharge.
h. On an individual parcel of five (5) acres or more in size, only the owners of the parcel, the tenants of the parcel and the spouses, parents, children, grandparents, aunts, uncles, brothers and sisters of the owners or tenants and those receiving written permission from the owner may shoot or discharge a bow and arrow on such parcel for hunting or target practice purposes.
i. In those instances stated above, where written permission from the owner is required, the following additional conditions must be met:
(1) Prior to any shooting or discharge of a bow and arrow, the person receiving the written permission shall file with the city police department the following information in writing: name, address and telephone number of the fee owner and of the persons receiving the permission; the beginning and end dates when hunting or target practice is to occur; a general description of the location of the subject parcel; a copy of the written permission received from the fee owner; as well as proof of proficiency to be obtained at a local or regional archery range or outdoor sporting goods store, the measure of which is the ability to shoot five (5) of five (5) arrows into a four inch (4") target at twenty (20) yards; the license plate number of the vehicle that the person will be driving to the subject parcel; evidence that the person has a valid Minnesota archery license; and emergency contact information.
(2) The written permission from the fee owner must specifically state the beginning and end dates for which permission has been granted. The person receiving such permission must have the written permission in possession at all times while hunting or target practicing on the subject parcel. Discharge of the bow and arrow on the subject parcel shall only occur on the dates stated on the written permission. No shooting or discharge of a bow and arrow and no hunting shall occur on the subject parcel if the fee owner revokes the written permission.
j. The person discharging the bow and arrow for hunting purposes must comply with all the laws and regulations of the state of Minnesota relating to hunting.
3. To facilitate inquiries with respect to which parcels of land are not available for hunting or target practice because the owners thereof decline to grant permission for such activities, the clerk shall maintain a list by owner name and address for such nonavailable parcels. In order for the owner name and parcel address to be placed on the list, the parcel owner must in writing notify the clerk that the owner wishes to be on the list and has decided not to grant permission for hunting or target practice. The name of the owner and the parcel address shall be removed from the list if the owner files a written request with the clerk to remove the owner name and parcel address. The creation of the list is a voluntary program. There is no requirement that an owner and parcel be on the list in order for the owner to decline permission to anyone for hunting or target practice. The purpose of the list is to present an opportunity for an owner to make known that the owner has decided not to grant permission with the result that contacts with the owner are reduced or eliminated.
4. The council, by resolution, may in its discretion on an annual basis add parcels to that geographic portion of the city available for hunting or target practice referenced in subsection C1a of this section. If the council adds additional parcels by resolution, the authorization granted by the resolution and the inclusion of such parcels within the above referenced geographic area shall expire on December 31 of the year when the resolution was passed. If an owner wishes the council to include the owner's parcel within the above referenced geographic area, the owner must make an application to the city no later than August 15 of the year the owner wishes the parcel to be included.
D. Shooting Ranges: All owners of commercial rifle ranges, commercial trap ranges, commercial target ranges and commercial archery ranges at any place within the city shall, from and after the effective date hereof, be required to pay a license fee in the amount established by resolution of the city council. Such ranges shall be operated so as to result in maximum safety to the residents and property of the city, and the owners and operators of such ranges shall comply with all regulations for such ranges that the city may hereinafter enact. Violation of any of the terms of such regulations constitutes a violation of this section and is cause for revocation of the license granted under the terms of this section.
(1974 Code § 925.05) (Ord. 1162, 9-24-2007; amd. Ord. 1257, 9-10-2012; amd. Ord. 1320, 8-22-2016; amd. Ord. 1375, 11-12-2019)