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HomeMy WebLinkAboutOrd2009-003POSTPONED INDEFINENTLY Sponsored by: Oates Introduction Date: March 23, 2009 ~,,, Public Hearing Dated: April 13, 2009 Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2009-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE TO PERMIT THE USE OF FIREARMS AND BOWS IN DESIGNATED AREAS IN ACCORDANCE WITH STATE REQUIREMENTS, AND TO AMEND ORDINANCES RELATING TO TRAPPING AND USE. OF WEAPONS WITHIN THF, CITY WHEREAS, there have been several recent incidents of human and black bear interactions within the City of Seward; and WHEREAS, there are concerns about the presence of bears and the use of deadly force in residential areas; and WHEREAS, there is a desire to reduce the impact ofbears in the City by allowing hunting of black bears in areas to be designated by resolution of City Council and in accordance with State of "' Alaska hunting laws; and WHEREAS, the City desires to promote safety in Seward without restricting a citizen's right to bear arms under the Second Amendment ofthe United States Constitution or the right of the State of Alaska to regulate hunting and game management; and WHEREAS, the City has the authority to restrict the discharge of firearms in Seward ~~~herc there is a reasonable likelihood that people, domestic animals, or property will be jeopardized (AS 29.24.145); and WHEREAS, the issuance of pcnnits far use of weapons in designated areas will assist the Seward Police Department in promoting safety far all residents. NOW, THEREFORE,, BF, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Seward City Code Section 10.10.030. Discharge of weapons* is amended to read as follows: ( ~~$cx-rice-vcis =deletions; bold italics =additions): (a) It shall be a violation of this chapter for any person to discharge a• firearm where there is a reasonable likelihood people, dorreestic anirreals, or property neay he jeopardized, including trails, roads, huildiitgs and t[te like. It shall be a violation of this chapter fr~r any person to la~ewiegly i"~ discharge any firearm, p^ll, air rifle, air pistol or born er-c-ressl3aw within the city except ^` °- ^......_,...,.a -°-•-° in thane areas designated by resolution of the City Cnrnrcil as open to the pnhlic for discharging of firearms rind archery equipment or at established shooting ranges. nin (~~ :.............1,,..:........,,1 r,._ 1....,,:..,. r... _^,.,,1..,:.... ,.f,l.,, ,.:,., ,.,.....,.:1 Subsection (a) shall not apply to any city, state or federal law enforcement offcer, state judicial or correctional officer mho is authorized to use •frrearms in the eiiforeenrent of any law or ordinance and who is actually engaged in sucla wiforcenierrt. (c) Notwitlatairdingnubsection (a),The use of air rifles, airpistnls and ~xgbows is allowed by persons over the age of 16, or younger when supervised by an adult, for the purpose of target practice. Targets shall be inanimate objects.. (Ord. 378, 1971; Ord. 93-27) * See § 10.05.025 as to the sale of firearms to minors; see AS 11.61.190 ' '~~ et seq. as to state law as to weapons generally. Section 2. Section 9.05.110 is amended to add the following: Animal. "Animal" meitns u vertebrate living creature excluding human beings and fish. Section 3. Seward City Code Section 9.05.150. Cruelty to animals is amended to read as follows: ('-'~ = deletions; bold italics =additions) 9.05.150. Cruelty to animals. (a) No person may perforn~ or commit the following acts: (1) Intentionally or with criminal negligence kill or abandon an animal; (2) Intentionally or with criminal negligence injure, torment, poison, provoke or otherwise abuse an animal; (3) Maintain an animal without food, water and shelter adequate to preserve the animal's health; (4) Maintain an animal showing symptoms of an infectious or contagious disease without keeping the animal conf ned in a building or secure enclosure and under proper care; (5) Keep canines on vacant property unless such property contains a contiguous permanently-occupied residence, occupied by the ~~ dog's owner, or the owner's agent, who shall be responsible for the daily care, maintenance and supervision of the animals; (6) Refuse to maintain the premises in a sanitary condition including the removal of fecal matter; (7) Cause a domesticated animal to fight another animal or human being, whether for amusement of himself or others or for financial gain; or (8) Train, or keep for the purposes of training, an animal for exhibition in combat with an animal or human being. .~. (b) The above section does not apply to the following: (1) Impounding, destrnction or other disposition of an anima] in a humane manner; (2) Killing or injuring an animal where necessary to protect a human being or domesticated animal from injury or death; (3) The humane destruction of an animal by its owner or the owner's authorized agent; or (4) Use of firearms, archery egrripruent and traps for huutiug and trapping as permitted in accordance with this chapter. (c) The driver of a vehicle involved in an accident resulting in injury to a domesticated animal shall be required to perform the following: (1) Stop the vehicle as close to the scene of the accident as possible; (2) Inform the owner of the animal of the injury if the animal's ownership is readily ascertainable; or (3) Inform the animal control officer or the police department of the accident, the time and location of the accident and a description of the injured animal and the apparent nature of the injury if the animal's ownership is not readily ascertainable. (d) Any person convicted of cruelty to animals as described above is liable for a fine of not less than $50.00 and not to exceed 5300.00 for each offense. (Ord. 656, 1991) Section 4. Seward City Code Section 9.05.310. Trapping of animals prohibited is amended to read as follows: (~i:~~oAt =deletions; bold italics =additions) It shall be a violati nn of this chapter for any person to trap, attempt to trap or aid and abet any person in trapping any animal, wild or domestic, within the City of Seward, provided, that this section shall not apply to the following persons or activities: (a) #~+ng; Trapping; or capturing of animals ^~ by city, state or federal law enforcement, game department or animal control personnel while engaged in the perforntance of their official duties or any person authorized by the city manager or his designee for purposes of animal control or research; (b) i~g Trapping or capturing of rats, mice, shrews, or similar vermin; er (c) Trapping of marten, nrirrk and weasel by bax set pursuant to State trapping regulations and a valid permit issued by the City for use of traps iu those areas designated for trapping by resolution of the City Council; nr (~ The nonlethal live capturing of loose domesticated animals ^~s by means designed to ensure the safety and well-being of the animals. Any animal captured shall be cared for in a humane manner and returned without unreasonable delay to the animal's owner or an animal control officer. (Ord. 99-1 1) Section S. Seward City Code Section 9.05.315. Hunting restricted Lek-if3ite~ in-s is amended to read as follows: ('~~~n =deletions; bold italics =additions) l.v L1 L.la lllls, LL UIJ IJIIIb vl Llul uo • °f1* ^F...: I.J I:F 1... ,..~~1_lylpanJ-'eI'-n}Gtt . p°""~"°'' • ~"'"' • -'p -~••~ °"•• a..,.:....,.',.a ~~~'~ ~ Hrurting, or harassment of wildlife and Vllflllll~4 vp 1L1311[ Ull 11 LUI • game within the City is prohibited except as follows: (u) Hunting must be in accordance with this chapter and all applicable lruntirrg regulations adopted by the State; and (b) All hruuers and guides must possess a valid permit issued by the City for use of firearms and archery equipment; and (cJ All lruntirrg must be confined to areas designated for discharge of frrearnrs and archery equipment by resolution of the City Council; ared (d) Hunters Hurst at all times wear a hat, cap, vest, jacket or rain gear of highly visible color, commonly referred to as "Hunter Orange, " as the outermostgarment and it Hurst be visible from all sides. Camouflage orange garrnerrts, with 50 percent or more of the surface in Hunter Orange, comply with this requirement; and (e) All hrurting and guide activity Hurst 6e in compliance with applicable Tzuntirrg acrd guiding requirements establis/red by the State. (Ord. 99-11) Section 6. Anew section SCC 9.05.320 is added to read as follows: 9.05.320 Firearms, archery and trapping. The city manager ar the manager's designee is autkorized to issue permits for use of firear»rs, archery equipment and traps for hunting, guiding, and trapping in areas designated for such activities by resolution of city council. Permits, ire such form as determined by the city manager, may be issued to citizens atrthorized to hunt, guide, or trap in accordmrce with requirements of the State and this chapter. led) The nonlethal live capturing of loose domesticated animals e~-buds by means designed to ensure the safety and well-being of the animals. Any animal captured shall be cared for in a humane manner and returned without unreasonable delay to the animal's owner or an animal control officer. (Ord. 99-11) Section 5. Seward City Code Section 9.05.315. Hunting restricted t +n-pnr#s is amended to read as follows: (''-~n =deletions; bold italics =additions) wr,. w, ~t :. ..... :.. .... h., e.,, ,, f. :t,a,: ~ ~. a a ~. .~..o..o.. •n ~.., v uii aiib, uu~~u~s va ui u.,.,......... .. ... ..y...:; i.aru..o v, iu~. ~i waau vv uarwcvcr-wirrnc '«°w 't."=' ~ ~" '' a Hunting or barassmerrt of wildlife and game withire the City is prohibited except as follows: (a) Hunting must be in accordance with this chapter acrd all applicable lrurrting regulations adopted by the State; and (b) All hunters and guides must possess a valid permit issued by the City for use of firearms and archery egrcipment and (c) All hunting must be confined to areas designated for discharge of ftrearrars and archery equipment by resolution of the City Council; and (d) Hunters must at all times wear a hat, cap, vest, jacket ar rain gear of highly visible `- color, commonly referred to as "Hunter Orange, " as the outerntostgarment and it must he visible from all sides. Camouflage orange garments, with 50 percent or more of the surface irr Hunter Orange, comply with this requirement; and (e) All hunting andguide activity must be in compliance with applicable hunting and guiding requirements established by the State. (Ord. 99- i 1) Section 6. Anew section SCC 9.05.320 is added to read as follows: 9.05.320 Firearms, archery and trapping. The city manager or the manager's designee is authorized to issue permits for use of firearms, archery equipment and traps for hunting, guiding, acrd trappirrgirr areas designated for such activities by resolution of city cou»ciG Permits, in such form as determined by the city manager, Wray be issued to citizens authorized to hunt, guide, or trap in accordmrce with requirements of the State and this chapter. Section 7. This ordinance shall take effect ten days following passage and posting. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this ~` day of , 2009. THE CITY OF SEWARD, ALASKA. Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clcrk (City Seal) Council Agenda Statement Meeting Datc: March 23, 2009 To: Citv Council Through: Phillip Oates, City Manager From: Tom Clemons, Police Chief Agenda Item: Amend the City Code to permit the use of firearms and bows in designated areas in accordance with State requirements, and to amend ordinances relating to trapping and the use of weapons within the city. BACKGROUND & JUSTIFICATION: ~'Yj Attached for City Council review and adoption is Ordinance 2009- ,which addresses the recent black bear encounters within the City of Seward and additionally provides for historic large and small game hunting. The intent is to allow residents to hunt in specific areas designated by resolution ofthe City Council, and in accordance with State of Alaska huntnig regulations, while promoting safety. The City of Seward has the authority and ability to restrict the discharge of firearms in Seward where people and property may be at risk. By issuing permits for the use of weapons and traps in certain areas, the Seward Police Department will be able to promote safety for all residents. The permits, which would be issued free of charge, shall he required for the use of firearms, archery equipment and traps. The permit application (see attached exatnple) requires a physical address, date of birth, mailing address and contact phone number. The application also notes whether the permit applicant has cotnpleted arty hunter safety certification that Wray be required under State of Alaska hunting regulations. The City Code amendments and permitting process will benefit the community and the Seward Police Department, which has received several complaints of hunting near residential areas. Wildlife biologists have said the bear population is increasing, which is pushing t:he animals into residential areas. Wildlife enforcement officials have said that hunting is a management tool that can mitigate the bear encounters. Local hunters have also requested that the City of Seward allow hunting in the less populated areas of the city, which would control wildlife populations and allow hunters to feed their families. Current ordinances do not adequately address these issues. INTENT: Promote safety by implementing a permit process to allow limited hunting and trapping in designated areas of Seward. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Usc Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change oCzoning designation. Approved by Finance Department ~Jpi ATTORNEY REVIEW: X REC01~41VIENDATION: City Council approve Ordinance 2009-~ ,amending the City Code to permit the use of firearms and bows in designated areas in accordance with State requirements and to amend ordinances relating to trapping and the use of weapons within the city.