Subd. 1. Findings and Policy. The City Council finds that the peace and safety of the community are threatened by the overabundance of wild deer within the city. Therefore, the population of wild deer must be regulated and managed. The method for the regulation shall be a harvesting of wild deer by the use of bow and arrow. The harvesting shall occur at a frequency set by City Council and may change from time to time.
Subd. 2. State Laws. The conduct of authorized deer hunting within the city must be in compliance with all applicable laws and regulations of the State of Minnesota. This section is supplemental to the laws of the State of Minnesota, as they may be amended or changed from time to time.
Subd. 3. Enforcement Officers. The conduct of any authorized deer hunting within the city shall be regulated by the City Administrator or his or her agent.
Subd. 4. Allowed Hunting Areas. Deer harvesting will be prohibited in all areas of the city except the following:
A. Any area designated by the Council, by resolution, as a designated hunting area (DHA) or an area determined to be in special need of deer removal and approved by the City Administrator or his or her agent.
B. In a duly designated hunting area, hunting will not be allowed:
1. Within 300 feet of any occupied dwelling or active commercial structure, or structure accessory thereto, without written permission from all property owners with said structures located within 300 feet of the hunting location; or
2. Any place posted "no hunting" in compliance with the laws of Minnesota.
Subd. 5. Authorized Hunters. Any person hunting deer by bow and arrow within the city must meet all of the following criteria:
A. Be qualified to hunt deer by bow and arrow under all the laws and regulations of the State of Minnesota and be licensed to do so by the state; and
B. Be certified and qualified to harvest deer within the city by the City Administrator or his or her agent approved by Council resolution. The Council has the authority to approve by resolution and designate the City Administrator or his or her agent for the purpose of managing the hunt, regulating the hunters and collecting fees due to the city and giving such fees to the city. The agent approved by the Council may act for the City Administrator to collect fees. The fees shall be set by Council resolution. The standards and requirements shall be set by resolution of the Council. The program shall include each hunter's agreement to behavior and ethical standards, proficiency standards, and a waiver of rights for any liability of the city, its contract agent or landowners.
C. Application for a deer hunting qualification certificate shall be made to the City Administrator or his or her agent.
Subd. 6. Conduct of the Hunt.
A. Harvesting of deer shall only be done in compliance with this section, state law, any resolution passed by the Council setting standards for conduct of the hunt or contracting for the services of the city's agent for that purpose, the city's hunt agent rulebook for hunters, if any, and any deer management plan of the city adopted by the City Council, if any.
B. Carcasses and entrails must be removed from the site of the kill immediately and completely.
C. Only hunting by bow and arrow is allowed, except for hunting by the disabled with a crossbow, as it is allowed under state rules of the Department of Natural Resources, provided that written proof of disability is provided to the city's agent before hunting.
D. No permanent stand is allowed on public property.
E. No hunter may attempt to shoot or harvest a deer that is beyond the effective range of the hunter.
F. Each hunter must repair or pay any damage to the property of another that arises out of the hunting activities.
Subd. 7. Violations. A violation of this section is punishable as a misdemeanor. In addition, any person convicted of or administratively found to have violated this section, or any other law, or the rules of the hunt set by the Council or the hunt agent's rulebook, if any, as a result of actions related to deer harvesting authorized by this section, shall be disqualified, for a period determined to be appropriate by the hunt designee, but not greater than 40 years from the date of conviction, or violation, whichever is later, from being certified as qualified to harvest deer within the city. The city or the city's hunt designee may, by due process, determine the commission of a violation and impose an appropriate period of disqualification, which decision can. within 15 days be appealed by written notice to the City Administrator.
Subd. 8. Annual Report to City Council. Each year, the City Administrator or his or her agent shall report to the City Council about the conduct of the previous year's harvest, including the number of participants, the number of deer harvested, any problems encountered and any recommendations.
(Ord. 54, Fourth Series, passed 12-6-2016)