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HomeMy WebLinkAbout8.a. Amendment to City Code 7-5: Bows and FirearmsAGENDA ITEM: Amendment to City Code 7 -5: Bows and Firearms AGENDA SECTION: 01. usiness PREPARED BY: Gary Kalstabakken, Chief of Poli N AGENDA NO. 0.a. ATTACHMENTS: Ordinance Resolution APPROVED BY: 0 RECOMMENDED ACTION: Motion to approve amendments to City Code 7 -5: Bows and Firearms. ROSEMOUNT CITY COUNCIL City Council Special Meeting: September 16, 2008 EXECUTIVE SUMMARY ISSUE There are Minnesota state statutes and rules that regulate the trapping of protected wildlife. However, these statutes and rules do not prohibit trapping in developed areas; regulation is at the discretion of local communities. BACKGROUND INFORMATION This amendment was first presented to Council at the August 4, 2008 Council Meeting and was initiated after a letter was received from a resident regarding trapping. At the first reading, Council Members requested further review of restrictions in the ordinance, specifically the distance from property lines and the potential for marking traps. Changes to the proposal presented in August have been made that staff believes addresses the issues raised by Council. The changes include the restriction on the type of traps permitted to be used within the City of Rosemount. These restrictions are consistent with those in place in some wildlife management areas that have multiple uses, e.g. Carlos Avery Wildlife Management Area. This restriction is suggested in lieu of marking of traps. Marking of traps may be problematic; marking with posts or flags may actually draw attention to the traps. This attention could just be from the curious passerby who otherwise would not notice the trap, but it could also attract anti- trapping advocates or persons interested in stealing the captured prey from the trapper. Restrictions on the distance setbacks from property lines and roadways have been altered based on Council direction. The 25 foot setback from all property lines has been added and the 50 feet from public roadway was clarified. In agriculture areas, the property line setback is also included unless the adjoining property is also zoned agriculture. Finally, a change was made to allow trapping east of County Road 71 in areas zoned as heavy industrial. While this change may have limited impact for the general public, it will allow trapping on those large parcels located in that area, which are all corporate /business owned. RECOMMENDATION The attached ordinance amendment incorporates trapping regulations into the existing City Code 7 5 Bows and Firearms. It is recommended that trapping be permitted as outlined in the proposed Code amendment. 2 CITY OF ROSEMOUNT ORDINANCE NO. AN ORDINANCE RELATING TO BOWS AND FIREARMS; AMENDING ROSEMOUNT CODE 7 -5 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT MINNESOTA ORDAINS AS FOLLOWS: Section 1. City Code 7 -5, Title is amended to: BOWS, FIREARMS AND TRAPPING Section 2. City Code 7 -5 -1, Definitions, is amended to include the following additional definition: TRAPPING: The act of setting or laying a trap used to catch, snare or kill an animal or bird. Section 3. City Code 7 -5 -8 is added as follows: TRAPPING PERMITTED IN DESIGNATED AREAS AND PROHIBITIONS: A. Trapping is permitted on platted parcels of a minimum of 2.5 acres that are zoned rural residential or agriculture; and parcels of a minimum of 5 acres located east of County Road 71 (Blaine Avenue) and zoned heavy industrial. All trapping shall be conducted in accordance with all applicable state laws and regulations. Trapping may be conducted by owners, members of the owner's family or by written consent of the owner of the platted parcel. Written consent shall be carried on the person while trapping is being conducted on the property. In addition, trapping shall not be done: Within 50 feet of any city, county or state park land or other public property. This restriction shall include public roadways and the 50 feet shall be measured from the curb or edge of the roadway shoulder. Within 25 of any property line when the trapping is conducted in an area zoned as rural residential. Within 25 of any property line when the trapping is conducted in an area zoned as agriculture if the adjoining property is not also zoned as agriculture. B. Trapping is prohibited in all areas not listed in section 7 -5 -6 A above. ADOPTED this day of 2008 by the City Council of the City of Rosemount. ATTEST: C. Restrictions of types and sizes of traps Traps used in the permitted areas are restricted as follows: Snare traps are prohibited. No leg hold trap larger than #2 or conibear type with a jaw spread larger than 6 /2" shall be used. If conibear type traps are to be baited or bait is used in conjunction with the trap sets, it must be set in the following way: They must be set in a cubby with the trap inserted a minimum of 7 inches from the front, with the cubby opening no more than 50 square inches in area. Openings may be restricted with wire mesh, wood strips, or other material. D. Exceptions: This section does not apply to: Quick -kill trapping if the traps are designed and intended to kill rats, mice, gophers or moles. Live trapping of wild animals. Any person duly appointed and designated through City Council action for the purpose of wildlife management and control. Section 4. This Ordinance shall be effective following its passage and publication. Amy Domeier, City Clerk William Droste, Mayor