Introduce Ordinance Amending Chapter 34 of the City Code:  "Offenses and Miscellaneous Provisions," Governing the Use of Firearms, Bows, and Arrows

The purpose of this Ordinance is to streamline the process for hunting within City limits by pointing to Minnesota State Statute and by eliminating the firearm and bow and arrow permit processes and setting forth the circumstances under such weapons may be used for hunting. Allowing hunting is critical for the management of the deer population in the City of Ramsey, to reduce motor vehicle vs deer crashes which can result in injury or death to the motoring public.

The proposed amendment to Chapter 34 of the City Code:  "Offenses and Miscellaneous Provisions," Governing the use of Firearms, bows and Arrows is as follows:
 
SECTION 1.  PURPOSE
 
The purpose of this Ordinance is to streamline the process for hunting within City limits by eliminating the firearm and bow and arrow permit processes and setting forth the circumstances under such weapons may be used for hunting.
 
SECTION 2.  AUTHORITY
 
Pursuant to authority granted by Minnesota Statutes, Section 471.633, the City of Ramsey hereby regulates the use of firearms and bows and arrows for hunting within City limits.
 
SECTION 3.  AMENDMENT TO CITY CODE SECTION 34-21
(Underline is added language, strikeout is deleted language.)
 
Sec. 34-21. - Weapons.

1. Definitions: The following definitions shall apply in the interpretation and enforcement of this section:
   1. BOW: All bows used for target and hunting purposes as regulated and defined by Minnesota Statutes Chapter 97B.
   2. FIREARM: Means a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air.
   3. HANDGUN: A 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 ejected 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.
   4. RIFLE: A shoulder weapon with a long-grooved barrel that uses the energy of the explosive in a fixed metallic cartridge to fire only a single projectile (bullet).
   5. SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels 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.
   6. For the purposes of this Ordinance, except Section D.2., “Firearms” and “Handguns” do not include a device firing or ejecting 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.

(a) Firearms defined. The term "firearm(s)" as used herein means a gun that discharges shot or projectile by any means including the use of an explosive, gas, or compressed air.
(b) Firearms regulations.
(1) Firearms use instruction required. Minn. Stats. §§ 97B.015, 97B.021, and 97B.025 which pertain to the safe use of firearms and instructions in their use are hereby adopted by reference. Every provision contained in said statutes are made a part of this Code as if fully set forth herein.
(2) Protection of home and family. Nothing in this section shall prevent the possession, storage or use of a firearm within the home when done in the lawful defense of person, family or property.
(3) Discharge of firearm. Except as hereinafter provided, no person shall fire or discharge a firearm of any description within the limits of the city without first obtaining a city permit.
(34) Law enforcement officers. This section does not prohibit the possession or discharge of firearms by duly authorized licensed peace officers.
(45) Firing ranges. This section does not prohibit the possession or discharge of firearms in a firing range, either indoor or outdoor, provided said range is properly equipped and supervised to insure reasonable safety as determined by the certificate of the police chief or pursuant to licensing ordinances hereinafter enacted for such rangesand provided the firing range operates in accordance with state and local laws and its conditional use permit.
 
(c) Bow and arrow regulations.
(1) Use. The use of a bow and arrow for hunting, target shooting or discharging for any purpose shall be allowed in the city in accordance with the laws of the State of Minnesota and this section. but only if the person using the bow and arrow has a valid city issued permit.
(d) Permit issuance and administration.
(1) Authority. The police chief shall be granted the authority to administer the permit process and issue permits under this section.
(2) Permit. Applications for a permit will be available through the police department. Completed applications for shall be made to the police chief. A permit to discharge a firearm or an arrow from a bow within the city shall be issued by the police chief or his/her designee.
(3) Permit denials. Any person that has a permit request denied under this section may appeal the denial to the board of administrative hearings. The request for a hearing must be in writing, detailing the reason for the appeal, and shall include the filing fee as set in the city's rates and fees schedule. The filing fee will be refunded if the hearing board reverses the denial and issues a permit.
(ed) Hunting and discharging regulations.
(1) All State of Minnesota rules and regulations pertaining to hunting and the discharge of weapons shall be followed and enforced within the city, subject to the restrictions set forth in this ordinance.
(2) No weapon shall be used or handled so as to endanger the personal safety of persons or property.
(e) Prohibited Discharges:
(1) No person shall discharge a firearm within five hundred feet (500') of any residence or a bow within two hundred fifty feet (250') of any residence.
(2) No person shall discharge a firearm or bow on public property owned or operated by the city, county, state or school district except on approved city-owned parcels as specified in City of Ramsey Hunting Map attached to and incorporated within this Ordinance and on file in the office of the City Clerk.
(3) The discharge of a rifle or handgun utilizing a solid projectile shall not be allowed within the city.
(f) Permitted Discharges; Restrictions:
(1) Written permission from the property owner shall be obtained prior to the discharge of a firearm or bow on the owner’s property by anyone other than the owner.
(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.
(4) All hunting shall be conducted in compliance with the regulations of the State of Minnesota.
(g) Enforcement of state law.  Nothing in this section shall prohibit peace officers from enforcing the provisions of state law applicable to firearms, the hunting of big or small game, or trespassing.
 
(h) Violations.
(1) In addition to penalties available under state law and City Code, the police department may revoke discharge privileges under this section for a violation of this section or a violation of state law related to hunting, firearms or trespassing.  Any person whose privileges are revoked may appeal the revocation to the City Council.
(2) 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.
 
SECTION 4. EFFECTIVE DATE
 
This Ordinance becomes effective 30 days after its passage and publication, subject to City Charter section 5.04.

Not Applicable

Staff is recommending the City Council introduce and finally adopt the attached ordinance.

Motion to introduce Ordinance #20-19 Amending Chapter 34 of the City Code:  "Offenses and Miscellaneous Provisions," Governing the Use of Firearms, Bows, and Arrows.