HomeMy WebLinkAboutOrd.5497.02-07-2022 BILL NO. 22-08 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING URBAN DEER HUNTING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . Section 17-104, entitled "Urban Deer Hunting and
the Discharge of Firearms", of Article V of Chapter 17 of the
City Code, reading as follows :
Sec. 17-104 . - Urban Deer Hunting and the Discharge of
Firearms .
(a) Establishing Regulations .
This Section establishes regulations of hunting
within the limits of the City of Cape Girardeau
during Archery (deer only) hunting season as set
annually by the Department of conservation or
such other specific time authorized by the City
of Cape Girardeau.
(b) General Provisions :
(1) Discharging or releasing - arrows from archery
devices, or crossbows within the city limits
is limited to hunting permitted under this
ordinance.
(2) The use of or discharge of firearms is
prohibited in the City of Cape Girardeau.
Crossbows may only be discharged when
compliance with rules set out by the
Department of Conservation are met .
(3) The archery hunt shall conform to all state
regulations as defined by the Missouri
Department of Conservation though limited to
whitetail deer only.
(4) It is the responsibility of the hunter to
wear hunter orange during the managed hunt,
which includes a hat and shirt, vest, or
coat . The hunter orange must be visible from
all sides . Camouflage orange does not
satisfy this requirement.
(5) It shall be unlawful for any person to hunt
without proper permits issued from the State
of Missouri or to hunt in any location other
than the land designated for the managed
hunts .
(6) In addition to any requirements imposed by
the Missouri Department of Conservation
regulation, any individual who successfully
harvests a deer during the hunt must report
the hunter' s name, sex of the deer, and the
location of the harvest within two (2)
business days by calling the Cape Girardeau
Police Department during normal business
hours or by delivering written notification
to the Cape Girardeau Police Department .
(7) Prior to discharging an archery device, or
crossbow, intended to be used for hunting,
it shall be the hunter' s responsibility to
permanently mark each arrow or other
projectile with his or her Missouri
Department of Conservation identification
number.
(8) All properties involved in the managed hunt
which are enumerated in subparagraph (b) (12)
herein below shall have designated parking
areas for use by the hunters permitted to
hunt on that property. All hunters shall use
the appropriate designated parking area
while in the field.
(9) All hunting shall be conducted from an
elevated position that is at least ten (10)
feet in height and faces the interior of the
property. The elevated position (deer stand)
shall be located in such a way as to direct
arrows towards the interior of the property.
It is the responsibility of the hunter to
mark each elevated stand with a tag that
lists the hunter' s Missouri Department of
Conservation identification number. The tag
must be located within five (5) feet from
the ground to ensure the ability to check
from the ground position. Elevated stands
are allowed to be placed on the first
eligible day of hunting and must be removed
from the property at the completion of the
final eligible day of hunting.
(10) Permits will be valid for the harvest of two
(2) deer, one of which must be antlerless,
and the other may be of either sex. Hunters
are responsible to harvest an antlerless
deer first, and then may harvest a second
deer of either sex.
(11) Permits will be issued by the Missouri
Department of Conservation using a lottery
system. Permits will be issued for five (5)
periods of seven (7) consecutive days,
beginning on November 1 and ending on
December 5 of each year. The first period is
November 1 to 7; the second period is
November 8 to 14; the third period is
November 15 to 21; the fourth period is
November 22 to 28; and the fifth period is
November 29 to December 5 . Application
schedules and other application requirements
will be in accordance with the rules of the
Missouri Department of Conservation. A
maximum of eight (8) hunters will be
selected by that process for each of those
seven (7) day periods, unless otherwise
required by Department rules .
(12) Each of the hunters selected using the
process set out in subparagraph (11) herein
above is required to attend an orientation
meeting hosted by the City of Cape Girardeau
on a date determined by City staff. Failure
to attend the orientation meeting will
invalidate the permit issued. During the
orientation meeting, each applicant will
randomly draw a location for the property
they are designated to hunt. The five (5)
designated properties for the managed deer
hunt are Twin Trees Area 1, Twin Trees Area
2, Cape Rock Area 1, Fountain Park Area 1,
and Delaware Park Area 1. As a result of
that random selection process at the City
orientation meeting, three (3) hunters will
be placed in Twin Trees Area 1 each week,
two (2) hunters will be placed in Twin Trees
Area 2 each week, and one (1) hunter will be
placed in each of the other three (3) areas
each week, unless the rules of the
Department of Conservation require
otherwise.
(13) All designated hunting properties will be
closed to the public during the managed deer
hunt and will be marked around the perimeter
with no trespassing signs .
c) Specific Actions Prohibited
(1) It shall be unlawful for any person to
discharge any archery device, or crossbow,
from across any street, sidewalk, road,
highway or playground.
(2) It shall be unlawful for any person to
discharge an archery device or crossbow, at
any person, vehicle, dwelling, house,
church, school, playground or building.
(3) No arrow or other projectile used to hunt
deer within the city limits of Cape
Girardeau may be discharged or projected at
such an angle or distance as to land on
public or private property other than the
property on which the hunt has been
authorized.
(4) No arrow or other projectile used to hunt
deer within the city limits of Cape
Girardeau may be discharged or projected at
such an angle or distance as to land within
fifty (50) feet of any street or public
right of way, or within seventy-five (75)
feet of any residential property line.
(5) It shall be unlawful for any person under
the age of eighteen (18 ) years old to hunt
deer within the city limits of Cape
Girardeau.
(6) No person shall possess, consume or be under
the influence of alcohol or any other
controlled substance while engaged in the
hunting activities within the city limits of
Cape Girardeau.
(d) Hunting Permits
(1) No person shall engage in hunting within the
city limits of Cape Girardeau without
obtaining a designated Missouri Archery
Permit issued by the Missouri Department of
Conservation for the authorized managed deer
hunt and hunt areas .
(2) Every person hunting pursuant to this section
must attend a City of Cape Girardeau
orientation class on the rules of the Cape
Girardeau deer hunt and the rules of the
Missouri Department of Conservation, and
receive a designated hunting area from one of
the five areas set out in subparagraph
(b) (12) using the herein above random
selection process .
(e) Deer Retrieval
Any person who kills or injures any deer while
hunting shall make a reasonable search to
retrieve the deer and take it into his or her
possession.
(1) This section does not authorize the act of
trespass .
(2) It shall be the hunter' s responsibility to
immediately notify any property owner of the
fact that an injured or dead deer is or
might be located on his or her property.
(3) It shall be the hunter' s responsibility to
obtain permission to enter the property of
any property owner upon which an injured or
dead deer is located prior to engaging in a
reasonable search or retrieval of the deer.
(4) In the event that the hunter cannot obtain
the permission of a property owner to
conduct a reasonable search and retrieval of
an injured or dead deer, the hunter shall
immediately notify the Missouri Department
of Conservation and the Cape Girardeau
Police Department .
(f) Field Cleaning.
(1) Any person who kills any deer while hunting
shall follow all Missouri Department of
Conservation guidelines regarding field
dressing and processing the animal.
(2) Any person who kills any deer while hunting
shall not field dress the deer in a public
or conspicuous location.
(g) Interference with lawful hunting; failure to obey
police officer.
(1) No person may intentionally interfere with
the lawful hunting or taking of deer
authorized by this section.
(2) No person may intentionally harass, drive,
or disturb any deer for the purpose of
disrupting lawful hunting of deer authorized
by this section.
(3) No person may enter or remain in a hunting
area where lawful hunting of deer may occur
with the intent to interfere with the lawful
hunting of deer authorized by this section.
(4) A police officer who reasonably believes
that a person has interfered with the lawful
hunting authorized by this section may order
the person to desist . Failure to obey the
order from a police officer to desist from
such interference is a violation punishable
as set out in this section.
(5) No person may intentionally interfere with a
City or State sponsored official count of
the deer population, or with any City
approved control methods of the deer
population
(h) Penalties
Any person violating any provision of this
section shall upon conviction be punished by
a fine of not less than one hundred dollars
($100 . 00) nor more than five hundred dollars
($500 . 00) , or by imprisonment for not more
than ninety (90) days, or both, for each
offense.
is._hereby, jrepealedM in 'its;.,entirety and a new Section 17-104,
entitled "Urban Deer Hunting and the Discharge of Firearms", of
Article V of Chapter 17 of the City Code, is hereby enacted in
lieu thereof, in words and figures, to read as follows, to-wit:
Sec. 17-104 . - Urban Deer Hunting and the Discharge of
Firearms .
(a) Establishing Regulations .
This Section establishes regulations of hunting
within the limits of the City of Cape Girardeau
during Archery (deer only) hunting season as set
annually by the Department of conservation or
such other specific time authorized by the City
of Cape Girardeau.
(b) General Provisions :
(1) Discharging or releasing arrows from archery
devices, or crossbows within the city limits
is limited to hunting and target shooting
permitted under this ordinance.
(2) The use of or discharge of firearms is
prohibited in the City of Cape Girardeau.
Crossbows may only be discharged when
compliance with rules set out by the
Department of Conservation are met .
(3) The archery hunt shall conform to all state
regulations as defined by the Missouri
Department of Conservation though limited to
whitetail deer only.
(4) It is the responsibility of the hunter to
wear hunter orange during the managed hunt,
which includes a hat and shirt, vest, or
coat . The hunter orange must be visible from
all sides . Camouflage orange does not
satisfy this requirement .
(5) It shall be unlawful for any person to hunt
without proper permits issued from the State
of Missouri or to hunt in any location other
than the land designated for the managed
hunts .
(6) In addition to any requirements imposed by
the Missouri Department of Conservation
regulation, any individual who successfully
harvests a deer during the hunt must report
the hunter' s name, sex of the deer, and the
location of the harvest within two (2)
business days by calling the Cape Girardeau
Police Department during normal business
hours or by delivering written notification
to the Cape Girardeau Police Department .
(7) Prior to discharging an archery device, or
crossbow, intended to be used for hunting,
it shall be the hunter' s responsibility to
permanently mark each arrow or other
projectile with his or her Missouri
Department of Conservation identification
number.
(8) All properties involved in the managed hunt
which are enumerated in subparagraph (b) (12)
hereinbelow shall have designated parking
areas for use by the hunters permitted to
hunt on that property. All hunters shall use
the appropriate designated parking area
while in the field.
(9) All hunting shall be conducted from an
elevated position that is at least ten (10)
feet in height and faces the interior of the
property. The elevated position (deer stand)
shall be located in such a way as to direct
arrows towards the interior of the property.
It is the responsibility of the hunter to
mark each elevated stand with a tag that
lists the hunter' s Missouri Department of
Conservation identification number. The tag
must be located within five (5) feet from
the ground to ensure the ability to check
from the ground position. Elevated stands
are allowed to be placed on the first
eligible day of hunting and must be removed
from the property at the completion of the
final eligible day of hunting.
(10) Permits will be valid for the harvest of
three (3) deer, two of which must be
antlerless, and the other may be of either
sex. Hunters are responsible to harvest an
antlerless deer first before taking an
antlered deer.
(11) Permits will be issued by the Missouri
Department of Conservation using a lottery
system. Permits will be issued for five (5)
periods of seven (7) consecutive days,
beginning on October 22 and ending on
December 23 of 2022 . The first period is
October 22 to 28; the second period is
November 5 to 11; the third period is
November 19 to 25; the fourth period is
December 3 to 9; and the fifth period is
December 17 to 23 . Application schedules and
other application requirements will be in
accordance with the rules of the Missouri
Department of Conservation. A maximum of
six (6) hunters will be selected by that
process for each of those seven (7) day
periods, unless otherwise required by
Department rules .
(12) Each of the hunters selected using the
process set out in subparagraph (11) herein
above is required to attend an orientation
meeting hosted by the City of Cape Girardeau
on a date determined by City staff. Failure
to attend the orientation meeting will
invalidate the permit issued. During the
orientation meeting, each applicant will
randomly draw a location for the property
they are designated to hunt. The five (5)
designated properties for the managed deer
hunt are Twin Trees Area 1, Twin Trees Area
2, Cape Rock Area 1, Fountain Park Area 1,
and Delaware Park Area 1 . As a result of
that random selection process at the City
orientation meeting, two (2) hunters will be
placed in Twin Trees Area 1 each week, and
one (1) hunter will be placed in each of the
other four (4) areas each week, unless the
rules of the Department of Conservation
require otherwise.
(13) All designated hunting properties will be
closed to the public during the managed deer
hunt and will be marked around the perimeter
with no trespassing signs .
c) Specific Actions Prohibited
(1) It shall be unlawful for any person to
discharge any archery device, or crossbow,
from across any street, sidewalk, road,
highway or playground.
(2) It shall be unlawful for any person to
discharge an archery device or crossbow, at
any person, vehicle, dwelling, house,
church, school, playground or building.
(3) No arrow or other projectile used to hunt
deer within the city limits of Cape
Girardeau may be discharged or projected at
such an angle or distance as to land on
public or private property other than the
property on which the hunt has been
authorized.
(4) No arrow or other projectile used to hunt
deer within the city limits of Cape
Girardeau may be discharged or projected at
such an angle or distance as to land within
fifty (50) feet of any street or public
right of way, or within seventy-five (75)
feet of any residential property line.
(5) It shall be unlawful for any person under
the age of eighteen (18) years old to hunt
deer within the city limits of Cape
Girardeau, unless such person is in the
immediate presence of a properly licensed
adult hunter who is eighteen (18) years ' of
age or older and has in his/her possession a
valid hunter education certificate card, or
who was born before January 1, 1967 .
(6) No person shall possess, consume or be under
the influence of alcohol or any other
controlled substance while engaged in the
hunting activities within the city limits of
Cape Girardeau.
(d) Hunting Permits
(1) No person shall engage in hunting within the
city limits of Cape Girardeau without
obtaining a designated Missouri Archery
Permit issued by the Missouri Department of
Conservation for the authorized managed deer
hunt and hunt areas .
(2) Every person hunting pursuant to this section
must attend a City of Cape Girardeau
orientation class on the rules of the Cape
Girardeau deer hunt and the rules of the
Missouri Department of Conservation, and
receive a designated hunting area from one of
the five areas set out ° in subparagraph
(b) (12) using the herein above random
selection process .
(e) Deer Retrieval
Any person who kills or injures any deer while
hunting shall make a reasonable search to
retrieve the deer and take it into his or her
possession.
(1) This section does not authorize the act of
trespass .
(2) It shall be the hunter' s responsibility to
immediately notify any property owner of the
fact that an injured or dead deer is or
might be located on his or her property.
(3) It shall be the hunter' s responsibility to
obtain permission to enter the property of
any property owner upon which an injured or
dead deer is located prior to engaging in a
reasonable search or retrieval of the deer.
(4) In the event that the hunter cannot obtain
the permission of a property owner to
conduct a reasonable search and retrieval of
an injured or dead deer, the hunter shall
immediately notify the Missouri Department
of Conservation and a City Nuisance
Abatement Officer.
(f) Field Cleaning.
(1) Any person who kills any deer while hunting
shall follow all Missouri Department of
Conservation guidelines regarding field
dressing and processing the animal.
(2) Any person who kills any deer while hunting
shall not field dress the deer in a public
or conspicuous location.
(g) Interference with lawful hunting; failure to obey
police officer.
(1) No person may intentionally interfere with
the lawful hunting or taking of deer
authorized by this section.
(2) No person may intentionally harass, drive,
or disturb any deer for the purpose of
disrupting lawful hunting of deer authorized
by this section.
(3) No person may enter or remain in a hunting
area where lawful hunting of deer may occur
with the intent to interfere with the lawful
hunting of deer authorized by this section.
(4) A police officer who reasonably believes
that a person has interfered with the lawful
hunting authorized by this section may order
the person to desist . Failure to obey the
order from a police officer to desist from
such interference is a violation punishable
as set out in this section.
(5) No person may intentionally interfere with a
City or State sponsored official count of
the deer population, or with any City
approved control methods of the deer
population
(h) Penalties
Any person violating any provision of this
section shall upon conviction be punished by
a fine of not less than one hundred dollars
($100 . 00) nor more than five hundred dollars
($500 . 00) , or by imprisonment for not more
than ninety (90) days, or both, for each
offense.
ARTICLE 2 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 3 . It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS 7th DAY OF February , 2022 .
.,.. <4.-------
Bob Fox, Mayor
ATTEST:
:ruce Tay. .r, Deputy City Clerk
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