Code of Ordinances Amendment_Title 7 Hunting and Target PracticeMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Hunting/Target Practice Ordinance
DATE: December 6, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
An Ordinance was recently passed which changed Section 7- 5A- 16(A)(10) to read "A
person engaged in target practice shall not discharge a shotgun ...." Sterling Codifiers
contacted the City Clerk's Office after the Ordinance was approved by City Council and
stated that Section 7- 5A- 16(B)(10) was not changed.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
Ordinance to change Section 7- 5A- 16(B)(10) to be consistent with 7- 5A- 16(A)(10).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna M. Brumwell, Assistant City Attorney
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ES
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: December 2, 2013
RE: Hunting/Target Practice Ordinance
An ordinance was recently passed which changed Section 7- 5A- 16(A)(10) to read "A
person engaged in target practice shall not discharge a shotgun . . . . ". Sterling
Codifiers contacted the City Clerk's Office after the ordinance was approved by City
Council and stated that Section 7- 5A- 16(B)(10) was not changed.
Attached is a draft ordinance which changes Section 7- 5A- 16(B)(10) to be consistent
with 7- 5A- 16(A)(10). Please review and let me know if you have any questions prior to
sending this to the City Council.
Thank you.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / Fax (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 55 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, SECTION 7 -5A -16 HUNTING AND
TARGET PRACTICE PERMITTED BY CHANGING "FIREARM OR OTHER
WEAPON" TO "SHOTGUN" FOR CODE CONSISTENCY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7 -5A -16 of the City of Dubuque Code of Ordinances is
amended to read as follows:
7- 5A -16: HUNTING AND TARGET PRACTICE PERMITTED:
B. Shotgun Target Practice:
1. Permit Issuance; Conditions: Subsections 7- 5A -10A and C of this article
notwithstanding, the city manager may issue an annual permit to a property
owner for target practice within the corporate limits of the city on the owner's
property, if the city manager determines that the property meets the following
conditions:
a. The property is zoned AG agricultural;
b. The property is not Tess than ten (10) contiguous acres or more in
size;
c. The property owner agrees to be present to supervise target
practice on the owner's property; and
d. Allowing target practice on the property will not constitute a danger
to public safety.
2. Application: An application to allow target practice shall be filed with the
city manager on a form provided by the city manager. The application must
include the following information:
The name, address and telephone number of the applicant;
b. The address where the target practice will take place;
c. A site plan shall be a dimension drawing showing the following:
(1) North arrow;
(2) Property lines;
(3) Location of buildings on the subject property and
dimensions; and
(4) Location of buildings on adjacent property, public streets,
recreational trails or public waters.
Falsification of information on an application is grounds for denial or revocation of
a permit.
3. Approval Or Rejection; Permit Term: The city manager shall, upon
consideration of the application and the information required herein, approve or
reject the application. A permit is valid for a period of one year from the date
thereof.
4. Nonrefundable Fee: At the time of filing the application, the applicant shall
pay to the city a nonrefundable permit fee established by the city manager.
5. Revocation Or Suspension Of Permit; Appeal: A permit may be revoked or
suspended by the city manager by written notice for a violation of any of the
provisions of this section or any other ordinances of the city or the laws of the
'United States or the state of Iowa. The permittee may file with the city clerk a
written notice of appeal to the city council from the suspension or revocation.
6. Compliance With State And Local Laws: A person engaged in target
practice must comply with all state and local laws, rules, regulations and
ordinances governing target practice.
7. Firearms Limited: The only firearm authorized for target practice is a
shotgun with shot ammunition size 4 -9. The use of slugs, rifles, pistols, deer
slugs, and black powder rifles and all other firearms or other weapons is
prohibited.
8. Notify Police Prior To Target Practice: The permittee shall notify police
dispatch at the Dubuque law enforcement center, on the day on which target
practice will occur and prior to the commencement of any target practice, of the
location where the target practice will occur.
9. Approved Times: Target practice will be allowed from one -half (1/2) hour
before sunrise to one -half (1/2) hour after sunset.
10. Discharging Firearm: A person engaged in target practice shall not
discharge a shotgun in the direction of any person, livestock, building, public
street, recreational trail or public waters.
11. Exception: An exception to these rules may be granted if approved
through a city of Dubuque special events permit.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of December, 2013.
QLJ
Roy D. Buck', Mayor
Attest:
EFFECT OF AMENDMENT
7- 5A -16: HUNTING AND TARGET PRACTICE PERMITTED:
B. Shotgun Target Practice:
1. Permit Issuance; Conditions: Subsections 7- 5A -10A and C of this article
notwithstanding, the city manager may issue an annual permit to a property
owner for target practice within the corporate limits of the city on the owner's
property, if the city manager determines that the property meets the following
conditions:
a. The property is zoned AG agricultural;
b. The property is not less than ten (10) contiguous acres or more in
size;
c. The property owner agrees to be present to supervise target
practice on the owner's property; and
d. Allowing target practice on the property will not constitute a danger
to public safety.
2. Application: An application to allow target practice shall be filed with the
city manager on a form provided by the city manager. The application must
include the following information:
a. The name, address and telephone number of the applicant;
b. The address where the target practice will take place;
c. A site plan shall be a dimension drawing showing the following:
(1) North arrow;
(2) Property lines;
(3) Location of buildings on the
dimensions; and
(4) Location of buildings on adjacent
recreational trails or public waters.
subject property and
property, public streets,
Falsification of information on an application is grounds for denial or revocation of
a permit.
3. Approval Or Rejection; Permit Term: The city manager shall, upon
consideration of the application and the information required herein, approve or
reject the application. A permit is valid for a period of one year from the date
thereof.
4. Nonrefundable Fee: At the time of filing the application, the applicant shall
pay to the city a nonrefundable permit fee established by the city manager.
5. Revocation Or Suspension Of Permit; Appeal: A permit may be revoked or
suspended by the city manager by written notice for a violation of any of the
provisions of this section or any other ordinances of the city or the laws of the
United States or the state of Iowa. The permittee may file with the city clerk a
written notice of appeal to the city council from the suspension or revocation.
6. Compliance With State And Local Laws: A person engaged in target
practice must comply with all state and local laws, rules, regulations and
ordinances governing target practice.
7. Firearms Limited: The only firearm authorized for target practice is a
shotgun with shot ammunition size 4 -9. The use of slugs, rifles, pistols, deer
slugs, and black powder rifles and all other firearms or other weapons is
prohibited.
8. Notify Police Prior To Target Practice: The permittee shall notify police
dispatch at the Dubuque law enforcement center, on the day on which target
practice will occur and prior to the commencement of any target practice, of the
location where the target practice will occur.
9. Approved Times: Target practice will be allowed from one -half (1/2) hour
before sunrise to one -half (1/2) hour after sunset.
10. Discharging Firearm: A person engaged in target practice shall not
discharge a shotqunfirearm or other weapon in the direction of any person,
livestock, building, public street, recreational trail or public waters.
11. Exception: An exception to these rules may be granted if approved
through a city of Dubuque special events permit.
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)
OFFICIAL
PUBLICATION
ORDINANCE NO. 55-11
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 7
POLICE, FIRE. AND
PUBLIC SAFETY,
CHAPTER 5 OFFENS-
ES, SECTION 7 -5A -16
HUNTING AND TAR-
GET PRACTICE PER-
MITTED BY CHANG-
ING "FIREARM OR
OTHER WEAPON" TO
"SHOTGUN " FOR
CODE CONSISTENCY .,
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Section 7- 1
5A -16 of the City of Du-
buque Code of Ordi-
nances is amended to
read as follows:
7- 5A -16: HUNTING
AND TARGET PRACTICE
PERMITTED:
B. Shotgun Target
Practice:
1. Permit Issuance;
Conditions: Subsec-
tions 7- 5A -10A and C of
this article notwith-
standing, the city man-
ager may issue an an-
nual permit to a prop-
erty owner for target
practice within the cor-
porate limits of the city
on the owner's proper-
ty, if the city manager
determines that the
property meets the fol-
lowing conditions:
a. The property is zon-
ed AG agricultural;
b. The property is not
less than ten (10) con-
tiguous acres or more
in size;
c. The property owner
agrees to be present to
supervise target prac-
tice on the owner's
property; and
• d. Allowing target
practice on the proper-
ty will not constitute a
danger to public safe-
ty.
2. Application: An ap-
plication to allow tar-
get practice shall be
filed with the city man-
ager on a form provid-
ed by the city manag-
er. The application
must include the fol-
lowing information:
a. The name, address
and telephone number
of the applicant;
b. The address where
the target practice will.
take place;
c. A site plan shall, be 1
a dimension drawing
showing the following:
(1) North arrow;
(2) Property lines;
(3) Location of build-
ings on the subject
property and dimen-
sions; and
(4) Location of build-
ings on adjacent prop-
erty, public streets,
recreational trails or
public waters.
Falsification of infor-
mation on an applica-
tion is grounds for de-
nial or revocation of a
permit.
3. Approval Or Rejec-
tion; Permit Term: The
city manager shall, 1
upon consideration of
the application and the
information required
herein, approve or re -'
ject the application. A 1
permit is valid for a pe-
riod of one year from
the date thereof.
4. Nonrefundable Fee: 1
At the time of filing the
application, the appli- 1
cant shall pay to the
city a nonrefundable
permit fee established
by the city manager.
5. Revocation Or Sus-
pension Of Permit; Ap-
peal: A permit may be
revoked or suspended
by the city manager by
written notice for a vio-
lation of any of the pro-
visions of this section
or any other ordinan-
ces of the city or the
laws of the United
States or the state of
Iowa. The permittee
may file with the city
clerk a written notice
of appeal to the city
council from the sus-
pension or revocation.
6. Compliance With
State And Local Laws:
A person . engaged in
target practice must
comply with all state
and local laws, rules, -and ordi-
nances governing tar-
get practice.
7. Firearms Limited:
The only firearm 4u -.
thorized for target
practice is a shotgun
with shot ammunition
size 4 -9. The use of
slugs, rifles, pistols,
deer slugs, and black
powder rifles and all
other firearms or other
weapons is prohibited.
8. Notify Police Prior
To Target Practice: The
permittee shall notify
police dispatch at the
Dubuque law enforce-
ment center, on the
day on which target
practice will occur and
prior to the commence-
ment of any target
practice, of the loca-
tion where the target
practice will occur.
9. Approved Times:
Target practice will be
allowed from one -half
(1/2) hour before sun-
rise to one -half (1/2)
hour after sunset.
10. Discharging Fire-
arm: A person engaged
in target practice shall
not discharge a shot-
gun in the direction of
any person, livestock,
building, public street,
recreational trail or
public waters.
11. Exception: An ex-
ception to these rules
may be granted if ap-
proved through a city
of Dubuque special
events permit.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved,
and adopted the 16th
day of December, 2013.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Heald
newspaper on the 20th
day of December, 2013.
/s /Kevin S. Firnstahl,
City Clerk
It 12/20
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: December 20, 2013, and for which the charge is $44.08.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of 441zt4) ,20/3 .
Notary Public in and for Dubuque County, Iowa.
fi A RY K. W ESTERMEYER
Corzrnission Number 154885
fe'y Cernm. Exp, FEB. 1, 2017