Hunting, Target Practice in City (2)
Preparer: Barry A. Lindahl Address: Suite 330. Harbor View Place. 300 Main Street. DubuQue. IA
52001Telephone: 589-4113
ORDINANCE NO. -06
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 33,
OFFENSES AND MISCELLANEOUS PROVISIONS, BY ADOPTING A NEW SECTION
33-17 HUNTING PERMITTED, ALLOWING HUNTING AND TARGET PRACTICE
WITHIN THE CORPORATE LIMITS OF THE CITY UNDER CERTAIN CONDITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances is amended by adding the
following new Section 33-17:
Sec. 33-17: Hunting and Target Practice Permitted:
(a) Sections 33-7 and 33-11 notwithstanding, hunting and target practice
within the corporate limits of the city shall not be unlawful under the
following conditions:
(1) Hunting and target practice shall be allowed (i) on private property,
(ii) which is zoned AG-Agricultural, (iii) is not less than ten (10)
contiguous acres or more in size, and (iv) with the consent of the
property owner;
(2) Hunter shall comply with all state and local laws, rules, regulations
and ordinances governing hunting;
(3) Firearms or other weapons authorized for hunting and target
practice shall be limited to bow and arrow, air gun, or shotgun with
shot ammunition size 4-9 excluding slugs; the use of rifles, pistols,
deer slugs, and black powder rifles and all other firearms or other
weapons is prohibited.
Ordinance No.
Page 2
-06
(4)
The property owner shall have been issued a permit by the City
Clerk;
(5)
The hunter shall have notified Police Dispatch at the Dubuque Law
Enforcement Center, on the day on which hunting will occur and
prior to the commencement of any hunting or target practice, of the
location where the hunting or target practice will occur.
(b) A hunter or a person engaged in target practice shall not discharge a
firearm or other weapon in the direction of any person, livestock, building,
public street, recreational trail or public waters.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this
day of
2006.
Attest:
Jeanne F. Schneider, City Clerk
F:/USERS/LCARSTENNVP/COUNCIUHunlingCilylimils revl.doc
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MEMORANDUM
February 28, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Hunting and Target Practice Within the City Limits
Planning Services Manager Laura Carstens is recommending approval of an ordinance
to allow hunting and target practice within the City limits on private property zoned
Agricultural of not less than 10 acres. The weapons would be limited to bow and arrow,
air gun or shot gun. The use of rifles, pistols, deer slugs and black powder rifles would
be prohibited.
The issue of hunting and target practice by property owners has been raised
periodically as the City considers annexation of rural areas. The most recent request
for hunting was made by Tom Henschel, whose property lies on the south side of
Dubuque along Catfish Creek. Peter Henkels, who owns an orchard off Seippel Road
in the Westside annexation area, also inquired about hunting in the City in that it is
required to manage his orchard.
Not being sure of public reaction, Planning Services Manager Laura Carstens, is
recommending not waiving the three readings of the ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/it1 ~:~IIltL-,
~ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
February 28, 2006
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Hunting and Target Practice within the City Limits
INTRODUCTION
This memorandum transmits a proposed amendment to Chapter 33 of the City Code
that would allow hunting and target practice within the City limits under certain
conditions.
BACKGROUND
The issue of hunting and target practice by property owners has been raised
periodically as the City considers annexation of rural areas. The most recent request for
hunting was made by Tom Henschel, whose property lies on the south side of Dubuque
along Catfish Creek. Peter Henkels, who owns an orchard off Seippel Road in the
Wests ide annexation area, also inquired about hunting in the city in that it is required to
manage his orchard.
The existing state regulations regarding hunting are administered by the Iowa
Department of Natural Resources. The rules state that, "You cannot discharge a
firearm or attempt to shoot a game or furbearing animal within 200 yards of a building
inhabited by people or domestic livestock or a feed lot unless the owner or tenant ahs
given consent to do so." The discharge of firearms or the use of a bow and arrow
within the city limits is generally prohibited by Sections 33-7 or 33-11 of the City Code.
These sections are attached.
DISCUSSION
Planning Services staff reviewed regulations from other cities regarding hunting within
the corporate limits. Police Chief Kim Wadding and Corporation Counsel Barry Lindahl
provided input on the proposed ordinance amendment below.
Sec. 33-17: Hunting and Target Practice Permitted:
Hunting and Target Practice within the City Limits
February 27,2006
Page 2
(a) Sections 33-7 and 33-11 notwithstanding, hunting and target practice
within the corporate limits of the city shall not be unlawful under the
following conditions:
(1) Hunting and target practice shall be allowed (i) on private property,
(ii) which is zoned AG Agricultural, (Hi) is not less than ten (10)
contiguous acres or more in size, and (iv) with the consent of the
property owner;
(2) A hunter shall comply with all state and local laws, rules,
regulations and ordinances governing hunting;
(3) Firearms or other weapons authorized for hunting and target
practice shall be limited to bow and arrow, air gun, or shot gun with
shot ammunition size 4-9 excluding slugs; the use of rifles, pistols,
deer slugs, and black powder rifles and all other firearms or other
weapons is prohibited.
(4) The property owner shall have been issued a permit by the City
Clerk;
(5) The property owner shall have notified Police Dispatch at the
Dubuque Law Enforcement Center prior to day on which any
hunting and target practice will occur.
(b) A hunter or person engaged in target practice shall not discharge a
firearm or other weapon in the direction of any person, livestock, building,
public street, recreational trail or public waters.
Enclosed is a map of the Henschel property that lies in the City limits and their adjoining
property that would be annexed into the City. Also enclosed is a map of the Henkel
property. Also enclosed is a map of privately-owned land in AG Agricultural zones over
10 acres that are in the city limits.
RECOMMENDATION
City staff recommends adoption of the amendment after three readings. The three
readings are recommended because City staff is unable to predict what public input will
be to this proposal.
LC/mkr
Enclosures
cc: Kim Wadding, Police Chief
Barry Lindahl, Corporation Counsel
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