SECTION
206.010: DEFINITIONS
As used in this
Chapter, the following terms shall have these prescribed meanings:
ARCHERY
DEVICE:
Any longbow or compound bow.
CROSSBOW:
A device for discharging quarrels, bolts or arrows, formed of a bow set
crosswise on a stock, usually drawn by means of a mechanism and discharged by
the release of a trigger.
FIREARM:
Any rifle, shotgun, pistol, crossbow or any similar device or mechanism
by whatever name known which is designed to expel a projectile or projectiles,
including air rifles, air pistols and pellet guns.
The term "firearm" shall not apply to devices designed and
used exclusively for commercial or industrial purposes.
The regulations contained within this Chapter shall not be applicable
to Police Officers, military or other licensed security agents as regards the
performance of their duties.
UNDER
THE INFLUENCE:
Under the influence shall be defined by the State regulation applied to
motor vehicle operation. (Ord.
No. 04-20 §1, 10-5-04)
SECTION
206.020: ESTABLISHING REGULATIONS
OF HUNTING WITHIN THE CORPORATE LIMITS OF THE CITY OF CLARKSON VALLEY DURING
DEER HUNTING SEASON SET BY THE DEPARTMENT OF CONSERVATION
A.
The use of or discharge of firearms is prohibited in the City of
Clarkson Valley.
B.
Discharging or releasing arrows from archery devices within the City
limits is limited to hunting permitted under this Chapter.
C.
Prior to any hunting activity, the property owner shall notify City
Hall of his or her intent to hunt on his or her property.
The notification shall include the names of all property owners, the
address of the proposed hunt property, the dates of the proposed hunt and the
names of all proposed hunters. In
addition to the foregoing, the property owner shall complete a notification of
intent to hunt form and return said form to City Hall prior to engaging in or
permitting any hunting activity on his or her property.
D.
Prior to the engagement of any hunting activity, the property owner
shall provide to the City a certificate of insurance or indemnity bond
providing evidence of a policy of liability insurance and/or indemnity bond in
an amount not less than two million dollars ($2,000,000.00) per occurrence
insuring or bonding the property owner and/or the designated hunter.
The indemnity of the property owner and the hunter may be combined to
reach the minimum limits mandated by this Subsection.
Said liability insurance and/or indemnity bond shall provide insurance
coverage and/or indemnity for all claims for damages resulting from any act of
negligence of the designated hunter or by any agent, assign, employee,
independent contractors or licensee of the designated hunter.
E.
All current laws of the State of Missouri as regards to the regulations
of hunting shall be obeyed within the corporate limits of Clarkson Valley.
F.
The hunt shall conform to all State regulations as defined by the
Missouri Department of Conservation.
G. Permission
To Hunt.
1.
It shall be unlawful for any person carrying an archery device of any
type to knowingly enter into the premises of another or to discharge any of
the aforestated devices while on the premises or property of another without
first having obtained permission in writing from the owner, lessee or person
in charge of such premises or property. The
duly obtained written permission shall be carried on the person of the hunter
requesting and receiving such permission.
This Section shall not apply to a person carrying or discharging such a
device while in the immediate presence of the owner, lessee or person in
charge of said premises or property.
2.
In addition to the requirements set forth herein, it shall be at the
discretion of the owner, lessee or person in charge of any premises or
property to set the parameters under which any person may hunt upon any such
premises or property under the control of the owner, lessee or person in
charge.
3.
The hunter on any property upon which the permission to hunt has been
granted shall be held responsible for the actions of those persons to whom
such permission has been granted by the landowner, lessee or person in charge.
4.
No person without lawful authority or without the expressed or implied
consent of the owner, lessee or his agent shall enter any building or enter
upon any enclosed or improved real estate, lot or parcel of ground in the City
of Clarkson Valley; or being upon the property of another, shall fail or
refuse to leave such property when requested to do so by owner, lessee or
person in charge of said property.
5.
Contiguous neighbors must be notified in writing by the property owner
and the property owner must be able to show the appropriate documentation of
receipt of the notification of the approximate date and time period of the
hunt. For purposes of this
Subsection, "contiguous"
shall mean any adjoining property that shares a common property line (or
point) with the lot on which the proposed hunt shall occur.
Lots separated by streets, common areas or other public thoroughfares
shall not be considered contiguous.
H.
In addition to any requirements imposed by Missouri Department of
Conservation regulations, any individual who successfully harvests a deer
during a hunt must report the hunter's name, sex of the deer and the location
of the harvest within two (2) business days by calling Clarkson Valley City
Hall during normal business hours or by delivering written notification to
City Hall.
I.
Prior to discharging an archery device 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.
J.
Nothing in this deer control policy shall authorize the parking or
standing of vehicles on private property without the consent of the property
owner or to park a vehicle in any manner otherwise prohibited by the City
Code. All hunters shall park their vehicles on the same property on
which they are hunting.
K.
Prior to hunting within the City limits of Clarkson Valley, every
individual seeking to hunt shall provide a certificate of completion of an
archery device hunter safety course as approved or provided by the Missouri
Department of Conservation. (Ord.
No. 04-20 §1, 10-5-04)
SECTION
206.030: SPECIFIC ACTIONS
PROHIBITED/REQUIRED
A.
It shall be unlawful for any person to discharge any archery device
from across any street, sidewalk, road, highway or playground.
B.
It shall be unlawful for any person to discharge an archery projectile
at or in the direction of any person, vehicle, dwelling, house, church,
school, playground or building.
C.
It shall be unlawful for any person to discharge an archery device
within two hundred (200) yards of any church, school or playground.
It shall be unlawful for any person to discharge an archery device
within thirty (30) yards of any dwelling, building, structure or vehicle
unless the hunter has previously received express authority to discharge the
archery device within thirty (30) yards from the owner of the dwelling,
building, structure or vehicle.
D.
No arrow or other projectile used to hunt deer pursuant to the deer
control policy 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.
E.
No arrow or other projectile used to hunt deer pursuant to the deer
control policy may be discharged or projected at such an angle or distance as
to land within seventy-five (75) feet of any front yard property line.
F.
No arrow or other projectile used to hunt deer pursuant to the deer
control policy 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.
G.
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 and to prevent any arrow
from landing any closer than twenty-five (25) feet from any side or rear
property line.
H.
No hunting is authorized on tracts of land under one (1) acre in area,
except that adjacent property owners may combine their parcels to satisfy the
property line discharge restrictions contained in Section 206.030(E) and (G).
All other provisions of the deer control policy shall apply to combined
lots.
I.
It shall unlawful for any person under the age of eighteen (18) years
old to hunt within the City limits of Clarkson Valley.
J.
No person shall possess, consume or be under the influence of alcohol
or any other controlled substance while engaged in hunting activities within
the City limits of Clarkson Valley. (Ord.
No. 04-20 §1, 10-5-04)
SECTION
206.040: DEER RETRIEVAL
A.
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.
B.
This Section does not authorize the act of trespass.
C.
It shall be the hunter's responsibility to immediately notify any
property owner other than the specific property owner who previously
authorized the hunt of the fact that an injured or dead deer is located on his
or her property.
D.
It shall be the hunter's responsibility to obtain the permission of any
property owner upon which an injured or dead deer is located prior to engaging
in a reasonable search and retrieval of the deer.
E.
In the event that a 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.
(Ord. No. 04-20 §1, 10-5-04)
SECTION
206.050: FIELD CLEANING
A.
Any person who kills any deer while hunting shall follow all Missouri
Department of Conservation guidelines regarding field dressing and processing
the animal.
B.
Any person who kills any deer while hunting shall take all
precautionary measures to avoid field dressing the deer in a public or
conspicuous location.
C.
Any person who field dresses or otherwise processes a deer shall
properly dispose of the discarded organs and/or body parts in plastic bags in
private trash depositories or by other appropriate means.
Nothing contained herein shall authorize the illegal dumping of solid
waste or authorize the illegal dumping of biohazardous waste.
D.
The transportation of a carcass along any public right-of-way is
prohibited unless it is covered or hidden from public view.
(Ord. No. 04-20 §1, 10-5-04)
SECTION
206.060: PENALTY FOR VIOLATION
A.
Any person, entity or group of individuals who shall perform an act in
violation of this Chapter or who shall fail to follow the rules and/or
regulations contained in this Chapter shall be deemed to have committed a
misdemeanor.