Patriot News MN

CITY COUNCIL

CITY OF CLEARWATER

ORDINANCE 2022-03

AN ORDINANCE AMENDING CHAPTERS 22 AND 26 OF THE CITY CODE

REGARDING POSSESSION AND DISCHARGE OF WEAPONS

ON CITY PROPERTY

The City Council of the City of Clearwater ordains as follows:

Section 1. Chapter 22 of the City Code is amended by adding a new Article III titled “Discharge of Weapons on City Property” as follows:

ARTICLE III. - WEAPONS DISCHARGE ON CITY PROPERTY

Sec. 22-32. - Definitions.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Public property means any city park, right-of-way, or any other real property owned by the City of Clearwater.

Right-of-way means land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trial, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.

Weapon means any device from which shot or a projectile of any type can be discharged by means of an explosive, gas or compressed air or otherwise propelled, including, but not limited to, firearms, bb guns, bows and arrows, slings, spring guns, pistols, semiautomatic military-style assault weapon, or any other device capable of injuring or killing a human being.

Sec. 22-33. - General discharge prohibition.

Except as provided in Section 22-34, no person shall fire or discharge, or cause to be fired or discharged, any weapon on any public property within the corporate limits of the city.

Sec. 22-34. - Exceptions.

Excepted from the provisions of Section 22-33 shall be the following:

Discharge of any firearms by duly authorized peace officers or military authorities.

Discharge of a firearm when done in lawful defense of their person or property or family.

Discharge of a bow and arrow on a recognized archery range or discharge of a bow and arrow under a program supervised by school or public officials.

Discharge of a firearm at a publicly owned or managed shooting range.

Discharge of a firearm pursuant to state or federal law authorizing such discharge.

Section 2. Section 26-19 of the City Code is amended by adding the double-underlined language and deleting the stricken language to the definition of “weapon” as follows:

Weapon means any device from which shot or a projectile of any type can be discharged by means of an explosive, gas or compressed air or otherwise propelled, including, but not limited to, firearms, bb guns, bows and arrows, slings, and spring guns, pistols, semiautomatic military-style assault weapon, or any other device capable of injuring or killing a human being.

Section 3. Section 26-26(6) of the City Code is amended by adding the double-underlined language and deleting the stricken language to the definition of “weapon” as follows:

Sec. 26-22. - Protection of natural resources and wildlife.

It shall be unlawful for any person to:

Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any species of wildlife within a park, except that fishing by angling only may be permitted in designated areas.

Shoot any weapon into a park from beyond park boundaries.

Bring a dog, cat, or other pet into a park unless caged or kept on a leash not more than six feet in length, or tether any animal to a tree or other plant.

Except as otherwise authorized by law, permit a dog, cat or other pet to enter a nature center area, refuge area, picnic area, park building, or other unauthorized area within a park or any park where their presence is prohibited.

Permit a dog, cat, or other pet to disturb, harass, or interfere with any park visitor or a park visitor's property.

Possess any weapon within a park, except for a as follows:

(a) A bow and arrow to be used for bowfishing, if the arrows must be are attached to the bow with a tethered line and broadheads must have barbs for bowfishing, as regulated by the DNR and otherwise comply with all applicable bowfishing regulations.

(b) Possession of any weapons by duly authorized peace officers or military authorities.

(d) Possession of a firearm pursuant to a valid permit to carry under Minnesota Statutes, Section 624.714.

(e) Possession of a firearm pursuant to state or federal law authorizing such possession.

Release within a park any plant, chemical or other agent potentially harmful to the vegetation or wildlife of the park.

Remove any animal, living or dead, from a park, and any animal so removed or taken contrary to the provisions of this article or laws of the state shall be considered contraband and subject to seizure and confiscation.