ORDINANCE 2000-91

AN ORDINANCE AMENDING ZONING ORDINANCE 50 REGULATING SHOOTING PRESERVES AND TARGET RANGES IN THE CITY OF GRANT, WASHINGTON COUNTY, MINNESOTA.
 

 The City Council of the City of Grant, Washington County, Minnesota, does hereby ordain as follows:

720.00 REGULATION OF SHOOTING PRESERVES AND TARGET RANGES.

720.010 Purpose.  This Ordinance is passed to define the zoning and permitting requirements for shooting preserves and target ranges in the City of Grant.

720.012  Definitions.

 1. Archery Ranges are included as Target Ranges and allowed in the same districts.
 2. Firearm means a gun that discharges shot, bullet or other projectile by means of an explosive, gas, compressed air, or other propellant.
 3. Range officer means the person designated to be responsible at a Shooting Preserve or Target Range at any given time during any activity.
 4. Shooting Preserve is a DNR-licensed facility where protected wild animals are released for shooting outside regularly established seasons and/or regulations.  There are three (3) classes of shooting preserve:  commercial, private and personal.
 A. Commercial Shooting Preserve is a shooting preserve which is privately owned but open to the public, and for the use thereof a fee is charged.  A commercial shooting preserve must be at least one hundred (100) but not more than one thousand (1000) contiguous acres, including any water area.
 B. Private Shooting Preserve means a shooting preserve controlled by a club or association and, except for special events, use thereof is limited to members of the group or association.
   1. Special events shall be defined as:
   a. Training,
   b. Competition,
   c. Educational programs, or
   d. Other proceedings as defined in the CUP.
 2. A Range Officer shall be required at all special events.
 3. A private shooting preserve must be at least forty (40) acres but not more than one hundred sixty (160) contiguous acres including any water area.
 C. Personal Shooting Preserve is a form of private shooting preserve, which is owned by an individual and used exclusively for his/her personal enjoyment.  No special events are allowed.  A personal shooting preserve must be at least forty (40) but not more than one hundred sixty (160) contiguous acres including any water area.
 5. Target Range shall be defined as an area for the discharge of weapons for sport under controlled conditions where the object of the shooting is an inanimate object such as, but not limited to, paper, metal or wooden targets.  A Range Officer shall be present on site at any Target Range when the range is in use.
   A. Outdoor Target Ranges:
 1. Public Target Range - Outdoor shall be a Target Range which is privately owned but open to the public, and for the use thereof a fee is charged.
 2. Private Target Range - Outdoor is a Target Range which is controlled by a club or association and, except for special events, use thereof is limited to members of the group or association.
   a. Special events shall be defined as:
    1. Training,
    2. Competition,
    3. Educational programs, or
    4. Other proceedings as defined in the CUP.
   3. Personal Target Range - Outdoor:
 a. A person who engages in habitual target firing or plinking (firing at non-game targets) with legal firearms on his own property, or with legal firearms on the property of another with the written permission of the owner or lessee, will be required to secure a Conditional Use Permit allowing a Personal Range.
 b. The term "habitual" is herein defined as meaning "for more than two (2) periods within thirty (30) days, each period exceeding ten (10) minutes or fifty (50) rounds within the span of one (1) hour.  One (1) occurrence per a given day is the assigned intended maximum.
   B. Indoor Target Ranges:
 1. Public Target Range - Indoor shall be defined as an interior Target Range which is privately owned but open to the public and for the use thereof a fee is charged.
 2. Private Target Range - Indoor shall be defined as an interior Target Range which is controlled by a club or association and, except for special events, use thereof is limited to members of the group or association.
   a. Special events shall be defined as
    1. Training,
    2. Competition,
    3. Educational programs, or
    4. Other proceedings as defined in the CUP.
 C. Personal Target Range - Indoor shall be defined as an interior Target Range which is owned by an individual and used exclusively for his/her personal enjoyment.  No special events are allowed.
 6. Weapon means any device designed for or capable of being used for the sport of target shooting in all of its various forms, such as, but not limited to firearms and archery equipment.
720.014 Zoning Requirements.  Shooting Preserves and Target Ranges shall only be allowed in Zoning Districts as provided in Section 604.

720.016 Conditional Use Permits.  No Shooting Preserve or Target Range shall be established within the City of Grant without first obtaining a Conditional Use Permit.  All applications for Shooting Preserves or Target Ranges shall comply with all Conditional Use Permit requirements of Section 505 and properly complete the application required therein.

720.018 City Council Site Visit.   Upon receipt of an application for a Conditional Use Permit for a Shooting Preserve or Target Range, the City Council's designated representative shall visit the site and determine if such use will constitute a hazard to the health, safety or general welfare of the public or be or create a public nuisance.  Failure to conduct this inspection shall not prevent the Council from voting on the Conditional Use Permit Application.

720.020 Regulations for All Shooting Preserves and Target Ranges.  No Conditional Use Permit shall be approved for any Shooting Preserve or Target Range unless all of the following conditions are met (unless specifically waived by the City Council):

 1. A safety plan shall be submitted along with the application.  The plan, once approved, shall be posted in a prominent place at the site.  Any changes to the safety plan shall be submitted to the City for approval.  At a minimum the safety plan must state:

  A. A method of identifying the Range Officer when the Range Officer is present at the site.  Additionally, a permanent log identifying the Range Officer who is present when required at the facility must be maintained and available for inspection by the City or local law enforcement officers.

  B. The authority of Range Officers to carry out the rules and regulations on the site and to enforce penalties.

  C. The policy for the site for the use of alcohol.

  D. Controlled substances are prohibited on the site.

  E. Rules for the safe handling of weapons.

  F. A building and grounds maintenance plan.

  G. Administrative Rules to include regulations that normally govern range schedules, parking, guest policies, member/user responsibilities, hours of operation, security, program development, range supervision and other items such as sign-in procedures.

  H. Regulations on the type of weapon, shooting activity, caliber, shot size or type of target to ensure safety for range users and others.

  I. The penalties that are in force for violations of the safety plan.

  J. The method used to control trespass or unauthorized access to the range or preserve.

  K. General range rules which will apply whether the facility is an indoor or outdoor facility.  These general range rules shall incorporate, at a minimum, the following:

   1. Know and obey all range and preserve commands.

   2. Know where others are at all times.

   3. Shoot only at authorized targets.

   4. Ground level targets are not authorized without a proper backup.

   5. Maintain the proper target height to insure that the fired projective, after passing through the target, hits the desired portion of the backstop.  This will reduce the possibility of ricochets and projectiles escaping the property.

   6. Designate a Range Officer when none is present or assigned.

   7. Unload, open the action, remove the magazine and ground and/or bench all firearms during a cease-fire.

   8. Do not handle any firearm or stand at the firing line where firearms are present while others are down range.

   9. Always keep the muzzle pointed at the backstop or bullet trap.  Never allow the muzzle to point in any direction whereby an inadvertent discharge would allow the escape of a projectile into an outer area.

 L. Additionally, each safety plan must stress the following fundamental gun safety rules:

  1. Always keep guns pointed in a safe direction.

  2. Always keep your finger off the trigger until ready to shoot.

  3. Always keep the gun unloaded until ready to use.

  4. Know your target and what is beyond.

  5. Be sure the gun is safe to operate.

  6. Know how to use the gun safely.

  7. Use only the correct ammunition for your gun.

  8. Wear eye and ear protection as appropriate.

  9. Never use alcohol or drugs before or while shooting.

  10. Store guns so they are not accessible to unauthorized persons.

 3. On an annual basis, applicants must provide proof of insurance and an annual licensing fee to the City of Grant (delivered to the City Clerk).

 4. Applicants shall continuously keep the City informed as to the current names and telephone numbers of the officers of any organization having an interest in a Shooting Preserve or Target Range.  Any changes to the names or telephone numbers of the officers shall be reported to the City within thirty (30) days of the change.

 5. Admittance to a Private Shooting Preserve or Target Range is limited to members and their guests.  An exception to this rule can be made for special events, provided they are delineated within the Conditional Use Permit.

 6. All Shooting Preserves and Target Ranges must control entrance to their sites.

 7. No liquor licenses shall be granted to any site which has a Shooting Preserve or Target Range.

 8. Restaurant and food service may be granted to a site with a Shooting Preserve or Target Range, provided that the site meets the zoning requirements of Section 604 and has obtained any required state, county or city licenses.

 9. Any lighting on site must conform to Section 711 of this Ordinance.

 10. All buildings must be in compliance with all City and State Building Codes.

 11. Parking space for all members, owners or guests must be on-site and is not allowed on public streets or roads.  Parking areas must conform to Section 712 and provide for adequate parking for all events.

720.022 Special Regulations for Target Ranges.  Applications for all Target Ranges, in addition to any other requirements of this Ordinance, must also show:

 1. A survey delineating the layout of all individual Target Ranges (including safety fans - if applicable).

 2. Setbacks to all property lines.

 3. Method of containing projectiles within each individual range (such as earthen berms or other method).

 4. Methods to be employed to reduce noise, including impulse noise, pursuant to Section 724 of this Ordinance.

 5. All Target Ranges shall be designed using the NRA Range Source Book as a guideline.

720.024 Application Requirements.  Each application for a Shooting Preserve or Target Range shall, at a minimum, include the following:

 1. A description of specific activities to be conducted on-site.

 2. The hours and days of operation.

 3. The maximum number of people using the facility at any one time.

 4. A plan, if applicable, for collecting and recycling used shot.

 5. A delineation of any special events, if any.

 6. The method used to identify authorized personnel and/or users.

 7. A sewage, water and solid waste management plan.

720.026 Miscellaneous Regulations.

 1. Where there is a public recreational or educational use nearby, special restrictions may be required of a Shooting Preserve or Target Range.  Additionally, if a public recreational or educational use is established near a Shooting Preserve or a Target Range, the public recreational or educational use will be required to provide additional safeguards as reasonably necessary.

 2. The City may require any applicant to pay such additional funds as are necessary for the City to hire an appropriate professional consultant to review any application submitted to the City.

 3. In the event that any provision of this Ordinance or the Conditional Use Permit is violated, or the City otherwise reasonably believes that the health, safety or general welfare of the public is endangered by the use, or if the City reasonably believes that a public nuisance has been created, then, upon ten (10) days written notice, the City may originate action to either modify or cancel any Conditional Use Permit.

720.028 Severability.   In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance no specifically included within that judgment.

720.030 Effective Date.  This Ordinance shall be in full force and effect from and after its passage and publication according to law.

 Passed and adopted by the City Council of the City of Grant, Washington County, Minnesota, this ______ day of ____________, 2000.
 
 

      __________________________________________
      Gary Erichson, Mayor
 

ATTEST:
 

____________________________________
Stephanie Marty, City Clerk