[Ord. No. 2012-15 (amended), 10-23-2012]
As used in this Chapter, the following terms shall have the
prescribed meanings:
- ARCHERY DEVICE
- Any long bow 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, weapon or similar mechanism by whatever known name, which is designed to expel a projectile or projectiles through a gun barrel, tube, pipe, cylinder or similar device by the action of any explosive.
- INTOXICATED CONDITION
- Any person under the influence of alcohol, a controlled substance or any combination thereof.
- PROJECTILE WEAPON
- Any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
[Ord. No. 2012-15 (amended), 10-23-2012]
A.
A managed
deer hunt for the taking of deer within the corporate limits of the
City of Lake Ozark to be held during the State of Missouri's archery
and firearms deer hunting seasons is hereby established under the
following terms and conditions:
1.
Discharging
or releasing arrows from archery devices within the City limits is
prohibited except where a hunter is permitted to do so in accordance
with this Chapter.
2.
No hunting
with firearms or crossbows is allowed within the City.
3.
No hunting
is allowed on any private property within the City without a waiver
of liability signed by the property owner and on file with the Lake
Ozark Police Department at City Hall.
4.
Each
owner, lessee or person in charge of any private property may require
any such additional restrictions for the hunt on their premises or
property as they deem reasonable and necessary.
5.
Each
hunter shall hunt only on the tract of property, or location specified
on the tract of property, for which the hunter has obtained the written
consent from the property owner and for which the City has received
a signed waiver of liability from the property owner identifying the
tract of property, or portion thereof, as qualified for the managed
deer hunt.
6.
Each
hunter shall be responsible for obtaining written permission from
the owner of the property, which has been identified as qualified
for the managed deer hunt, and shall provide the Lake Ozark Police
Department with a copy of said written consent at least twenty-four
(24) hours in advance of the commencement of the hunt.
7.
All
current laws and regulations of the State of Missouri governing hunting
shall be obeyed by all hunters within the corporate limits of the
City.
8.
Each hunter shall be required to hunt from an elevated stand, labeled with the hunter's full name and address, and placed at least ten (10) feet high at the standing platform unless expressly exempted by Section 216.070 of this Chapter. Stands may not be attached to trees by use of a means which would harm the tree. Screw-in or other damaging steps are prohibited. Hunters shall use a safety harness while in the stand.
9.
Each
hunter who is permitted to hunt within the City shall carry and display
at all times while on the hunt a permit card displayed in the hunter's
vehicle and carried on each hunter's person. Such card shall be displayed
upon the request of any Police Officer, conservation agent or appropriate
City enforcement officer.
10.
Prior
to discharging an archery device for hunting, the hunter shall permanently
mark each arrow with him or her Missouri Department of Conservation
number.
11.
No
hunting is authorized on tracts of land less than five (5) acres in
area. Adjoining tracts of land less than five (5) acres may be combined
to meet this five (5) acre requirement with written permission from
all property owners.
12.
One
(1) hunter is allowed on tracts of property five (5) to ten (10) acres
in size, and a team of two (2) hunters is allowed on tracts of ten
(10) acres or more.
13.
All
hunters shall park their vehicles on the same property on which they
are hunting.
14.
All
hunters must report to the designated officer of the City of Lake
Ozark within twenty-four (24) hours all deer harvested in the City
limits.
[Ord. No. 2012-15 (amended), 10-23-2012]
A.
Each
person who participates in the managed deer hunt within the corporate
limits of the City shall hold a permit issued by the City after having
met the following conditions:
1.
Provide
proof of a current Missouri hunting license.
2.
Provide
a form of picture identification.
3.
Provide
a valid Missouri archery permit, or if participating in the managed
archery hunt during the Missouri firearms season, provide a valid
Missouri firearms permit.
4.
Be over
the age of sixteen (16) years.
5.
Provide
a certificate of completion for a general hunting safety education
course.
6.
Complete
and submit an application for a Lake Ozark managed deer hunt permit
on a form to be approved by the City Administrator.
7.
The
City Administrator, the Chief of Police, or their respective designee(s)
may revoke the permit issued hereunder at any time for any violation
of the rules and regulations of the Lake Ozark managed deer hunt.
8.
The
City may refuse, in its discretion and without cause or justification,
to issue a permit to any individual.
9.
If hunting
with a physical handicap exemption, the hunter must provide a copy
of the determination form approved by his or her physician.
[Ord. No. 2012-15 (amended), 10-23-2012]
A.
It shall
be unlawful for any person to discharge any archery device from across
or along any street, sidewalk, road, highway or playground.
B.
It shall
be unlawful for any person to discharge any firearm or crossbow within
the City.
C.
It shall
be unlawful for any person hunting under the Lake Ozark managed deer
hunt to knowingly enter the premises of another or discharge any device
on the premises of another without the permission of that owner or
person in charge of said property.
D.
It shall
be unlawful for any person hunting under this Chapter to fail or refuse
to leave any private property when requested to do so by the owner,
lessee, or person in charge of said property.
E.
It shall
be unlawful for any person to discharge an archery device at or in
the direction of and within five hundred (500) feet of any person,
dwelling, house, vehicle, church, school or other building.
F.
No arrow
used to hunt deer 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.
G.
No arrow
used to hunt deer may be discharged or projected at such an angle
or distance as to land within five hundred (500) feet of any street
or public right-of-way.
H.
It shall
be unlawful for any person under the age of sixteen (16) years to
hunt deer within the City limits of Lake Ozark.
I.
It shall
be unlawful for any person to possess, consume or be in an intoxicated
condition while engaged in hunting activities within the City limits
of Lake Ozark.
J.
Deer
stands may only be in place for the period beginning fifteen (15)
days before archery deer season and ending fifteen (15) days after
archery deer season.
K.
Deer may not be hunted, pursued, taken or killed with the aid of any motor-driven vehicle unless expressly exempted by Section 216.070 of this Chapter.
L.
Deer
may not be hunted, pursued, taken or killed with the aid of bait as
defined and outlined in the Missouri Department of Conservation's
Deer Hunting Regulations.
[Ord. No. 2012-15 (amended), 10-23-2012]
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
Chapter 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 or might be
located on his or her property.
D.
It shall
be the hunter's responsibility to obtain permission to enter the property
of any other 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 and the City.
[Ord. No. 2012-15 (amended), 10-23-2012]
A.
The decision
of whether a harvested deer will be field dressed on the hunted property
or the hunter will be required to tag the deer on-site for dressing
elsewhere will be made at the discretion of the property owner but
in no case shall it occur closer than one hundred (100) feet of any
adjoining property line, if the property owner allows field dressing.
B.
In addition,
any person who kills or injures any deer while hunting shall follow
all Missouri Department of Conservation guidelines regarding field
dressing and processing the deer.
C.
Any person
who kills any deer while hunting shall not field dress the deer in
a public or conspicuous location.
D.
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 bio-hazardous waste.
E.
The transportation
of a carcass along any public right-of-way is prohibited, unless it
is covered or hidden from public view.
[Ord. No. 2012-15 (amended), 10-23-2012]
A hunter is responsible for obtaining a handicapped determination
on the form provided by the Missouri Department of Conversation and
taking it to his or her physician for determination. If the form is
approved by the physician, the hunter shall carry the approved form
on his or her person during the hunt and produce said form upon request
of any Police Officer, conservation agent or appropriate City enforcement
officer.
[Ord. No. 2012-15 (amended), 10-23-2012]
A.
Any person
who performs an act in violation of this Chapter, or who fails to
follow the rules and regulations contained in this Chapter, shall
be deemed to have committed a misdemeanor and shall lose his or her
City hunting permit issued under this Chapter and may be denied any
future privilege to hunt pursuant to this Chapter.
[Ord. No. 2012-15 (amended), 10-23-2012]
The Sections, paragraphs, sentences, clauses and phrases of
this Chapter are severable, and if any phrase, clause, sentence, paragraph
or Section of this Chapter shall be declared unconstitutional or otherwise
invalid by the valid judgment and decree of any court of any competent
jurisdiction, such unconstitutionality or invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, or Sections
of this Chapter since the same would have been enacted by the Board
of Aldermen without the incorporation in this Chapter of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or
Section.
[Ord. No. 2012-15 (amended), 10-23-2012]
Whenever any part of this Chapter shall be repealed or modified,
either expressly or by implication, by a subsequent ordinance, that
part of this Chapter thus repealed or modified shall continue in force
until the subsequent ordinance repealing or modifying this Chapter
shall go into effect unless therein otherwise expressly provided;
but no suit, prosecution, proceeding, right, fine or penalty instituted,
created, given, secured or accrued under this Chapter previous to
its repeal shall not be affected, released or discharged but may be
prosecuted, enjoined and recovered as fully as if this Chapter or
provisions had continued in force, unless it shall be therein otherwise
expressly provided.
