The City of Windsor Heights has determined an area within the City limits in which there is an overabundance of deer, and this area has been designated by the Iowa Department of Natural Resources (DNR) to be recommended as an Urban Deer Management Zone (DMZ) as provided by DNR regulations. The City Council may annually approve the DMZ.
1. Definitions.
A. Antlerless. A deer with no visible forked antler.
B. Arrow. As defined and limited by the state Department of Natural Resources (herein DNR).
C. Bow. As defined and limited by the DNR.
D. Elevated stand. A manufactured stand (tree stand, ladder stand, tripod, quadpod or tower) with a safety harness and of sufficient height to place the hunter’s feet at least six vertical feet above the highest ground elevation within 25 yards of the stand location, to ensure a downward thrust of an arrow when released by the bow.
E. Incentive license. A document issued by the DNR to allow a bow hunter to harvest an antlered deer as a designated buck incentive program award recipient based on the previous year’s antlerless deer program in the City.
F. Offal. Entrails, which includes most internal organs other than muscle or bones.
G. Urban deer hunt waiver form. A document issued by and filed with the City to affirm that the hunter has received written authorization to hunt on private property from the owner or manager thereof.
H. Urban antlerless deer license. A document issued by the DNR in addition to the small game hunting license to allow a bow hunter to harvest an antlerless deer under the City’s special bow hunting program.
I. Usable portion. Any part of a deer that is customarily processed for human consumption.
J. Viscera. The internal organs within the chest.
2. Hunting Prohibited. No person shall engage in any hunting activity within the City limits using a rifle, shotgun, bow and arrow, or any other means, either on public or private property, except licensed bow hunters may hunt deer in the designated urban deer management zone as specifically set forth in Section 55.34(3).
3. Special Bow Hunt.
A. A special bow hunt is hereby established and shall be administered by the City in accordance with the provisions of this chapter. The dates and boundaries for the special bow hunt shall be set annually by City Council resolution, and may be more restrictive than the dates and boundaries designated by the DNR.
B. A Hunt Administrator will be designated by the City Administrator and the Hunt Administrator will participate in the Polk County Deer Task Force to facilitate continuity in the Windsor Heights program and other metro communities.
C. Hunters wishing to participate in the special bow hunt shall first obtain an urban antlerless deer license or incentive license after completing the following and providing proof thereof:
(1) An annual archery proficiency test; and,
(2) A bow hunter safety education course conducted by the DNR or approved equivalent.
D. Each hunter participating in the program must apply for and receive a Windsor Heights DMZ hunting permit (“permit”) from the City. Permits are valid for one hunting season. In order to receive the permit, a hunter must present a valid State of Iowa special urban deer license.
E. The City hereby reserves the right to approve the content and operation of the test or safety course and to reject any that is not compliant with DNR requirements or recommendations, or otherwise deemed acceptable to the Police Department.
F. All hunters must check in with the Windsor Heights Police Department, via phone or by calling dispatch after hours, prior to conducting any hunt, and they must check out following the hunt.
G. Hunting shall be prohibited within the following protection zones, and no shot shall be directed into or across any protection zone:
(1) Within 200 feet of any home or building not owned by the hunter, unless the owner thereof waives the prohibition via the Windsor Heights Urban Deer Hunt waiver form filed with the City; and,
(2) Within 100 feet of a recreation trail or street.
H. Shots shall only be taken from an elevated stand; provided that a hunter with a DNR-qualifying disability may request permission to use an alternative; shall be restricted to a distance of not more than 75 feet; and shall clearly have a downward angle intended to minimize travel of an arrow beyond the 75 feet maximum shot distance. A diligent attempt shall be made to retrieve every arrow.
I. Elevated stands shall be non-permanent, and no screw-in steps shall be allowed.
J. Legal weaponry for all hunting allowed by this chapter shall be restricted to only bows and arrows, except that a hunter with a qualifying disability as defined by DNR regulations may be allowed to use a crossbow and bolts as defined and limited by the DNR.
K. Bows and arrows shall be cased while traveling to and from every hunting site.
L. Hunters shall comply with all requirements established by the DNR and by the municipal code, including, but not limited to this chapter.
M. Hunters shall complete and file any Urban Deer Hunt waiver forms prior to hunting.
N. Hunting shall be prohibited on all City-owned property unless expressly approved by the City Council after review and recommendation by the City Administrator or designee.
O. The minimum age for participation in the special bow hunt shall be 18 years old on the day of the hunt.
P. Each hunter shall carry all of the following on his or her person at all times while hunting:
(1) A DNR license for the special bow hunt to hunt within the boundaries designated by the City; and,
(2) The approved City of Windsor Heights Urban Deer Management Zone Bow Hunting Permit; and,
(3) A permission form for the current year; and,
(4) A map verifying the property being hunted is located within the hunt area as designated by the City Council.
Q. A hunter shall not leave a usable portion of the deer in the field. In the case of private property, viscera and other offal shall be disposed of in a manner that is acceptable to the property owner and in a location that is not visible from adjoining public or private property.
R. No hunter shall drive or operate any vehicle on any portion of the Windsor Heights trail system in conjunction with any hunt or the recovery/retrieval of any deer harvested.
S. A hunter shall not dispose any animal part on any public property, including roadside ditches and disposal containers located along any trail or public property.
T. Hunters shall take all deer meat to be processed or given to charity.
U. Hunters shall report the number of deer harvested to the Windsor Heights Police Department following each hunt. The Police Department will log the harvest for verification purposes.
V. If a mortally wounded deer travels off the property being hunted onto other property, the hunter shall attempt to notify the other property owner, or in the case of City property, the Police Department, before entering the other property to recover the mortally wounded deer. The hunter shall also notify the Police Department should they be unable to locate a wounded deer.
W. Hunters are strongly encouraged to utilize a safety harness conforming to current Treestand Manufacturers Association (TMA) or American Society for Testing and Materials (ASTM) standards, in the manner and method proscribed by the manufacturer, at all times while occupying an elevated stand.
X. Any confrontations between hunters and other members of the public shall be immediately reported to the Police Department.
4. Penalty. Failure of a hunter to comply with City and/or State regulations may subject the hunter to revocation of his or her permit and the City shall report all incidences of noncompliance to the Polk County Deer Task Force. Any person violating any provision of this ordinance or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of at least seventy-five dollars ($75.00), but not more than six hundred twenty-five dollars ($625.00), and/or imprisonment not to exceed thirty (30) days.
(City Code 1.14; Code of Iowa 903.1(1)(a))
(Section 55.34 – Ord. 19-09 – Nov. 19 Supp.)