[Ord. No. 13-2060 §1, 11-4-2013; Ord. No. 18-2231, 9-4-2018]
As used in this Article, the following terms shall have the
following meanings:
FIREARM
Any rifle, shotgun, weapon, or similar mechanism by whatever
name known, 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. The term "firearm" shall not apply to devices
used exclusively for commercial, industrial or vocational purposes.
UNDER THE INFLUENCE
Shall be defined by the State regulation applied to motor
vehicle operation.
[Ord. No. 13-2060 §1, 11-4-2013; Ord. No. 18-2231, 9-4-2018]
A. Deer
hunting within the corporate limits of the City of Manchester shall
only be permitted during the deer hunting season as set by the Missouri
Department of Conservation or during such other specific time periods
authorized by the City of Manchester and the Missouri Department of
Conservation.
1.
Archery devices are permitted for hunting in accordance with
this Article but discharging or releasing arrows from archery devices
within the City limits is limited to hunting permitted under this
Article. Deer hunting with a firearm is prohibited.
2.
Prior to any hunting activity under this Section, for any applicable
deer season, a City-provided Hunting Permission Form must be completed
by the property owner/owners and the proposed hunter/hunters with
a copy of the form to be submitted to the Manchester Police Department
prior to hunting and a copy of the form to be carried on the person
of the proposed hunter/hunters requesting and receiving such permission
while hunting. The Hunting Permission Form shall include the name
of the property owner/owners, the address/addresses of the proposed
hunt property/properties, and the name of the proposed hunter/hunters.
All property owner/owners and all proposed hunter/hunters shall sign
the Hunting Permission Form indicating they have read, understand,
and will comply with the requirements of the City's deer hunting ordinance
and guidelines including the one million dollar ($1,000,000.00) liability
insurance coverage requirement.
3.
Prior to engaging in any hunting activity, the property owner/owners,
proposed hunter/hunters, or property owner/owners and proposed hunter/hunters
in combination shall provide to the City acknowledgement on the Hunting
Permission Form of an individual liability insurance policy or policies
in aggregate of not less than one million dollars ($1,000,000.00)
and/or indemnity bond in an amount not less than one million dollars
($1,000,000.00) per occurrence insuring or bonding the property owner/owners
and/or the proposed hunter/hunters. Said liability insurance and/or
indemnity bond shall provide insurance coverage and/or indemnity for
all claims for damages resulting from the act of negligence of the
proposed hunter/hunters or by any agent, assign, employee, independent
contractors, or licensees of the proposed hunter/hunters.
4.
All current laws of the State of Missouri in regard to the regulations
of hunting shall be obeyed within the corporate limits of Manchester.
5.
The hunt shall conform to all State regulations as defined by
the Missouri Department of Conservation.
6.
Permission To Hunt.
a.
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 type of archery device 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 Subsection
(A)(6)(a) shall not apply to a person carrying or discharging an archery device while in the immediate presence of the owner, lessee or person in charge of said premises or property.
b.
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.
c.
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.
d.
No person without lawful authority, or without the expressed
or implied consent of the owner, lessee or his or her agent, shall
enter any building or enter upon any enclosed or improved real estate,
lot or parcel of ground in the City of Manchester or, being upon the
property of another, shall fail or refuse to leave such property when
requested to do so by the owner, lessee, or person in charge of said
property.
e.
For parcels less than two (2) acres in size, the property owner and/or hunter must provide a copy of the Hunting Permission Form by mail, hand delivery, or email to owners/residents of contiguous properties. For purposes of this Subsection
(A)(6), "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. This Notice requirement shall not apply to hunting on common ground parcels of less than two (2) acres for which hunting permission has been granted by subdivision trustees, or parcels of two (2) acres in size or greater.
7.
In addition to any requirements imposed by the 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 written
notification to or calling the Manchester Police Department.
8.
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.
9.
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 this Code.
[Ord. No. 19-2267, 9-3-2019]
For any deer hunting season and to promote the policy of deer population control, the City, by and through its Board of Aldermen or its delegate, may grant permission to hunt deer using archery devices on City property, including City parkland. Any permission to hunt deer shall be subject to the rules and regulations of this Article
V and State hunting laws as well as any other specific requirements the City may impose as a condition of granting such permission to hunt deer on City-owned land.
[Ord. No. 13-2060 §1, 11-4-2013; Ord. No. 18-2231, 9-4-2018]
A. It shall be unlawful for any person to discharge any archery device
across or from any street, sidewalk, road, highway, or playground.
B. It shall be unlawful for any person to discharge any archery device
at any person, vehicle, dwelling, house, church, school, playground,
or building.
C. It shall be unlawful for any person to discharge an archery device
within seventy- five (75) yards of any church, school or playground
structure.
D. It shall be unlawful for any person to discharge any archery device
within thirty (30) yards of any dwelling, building, structure, or
vehicle except that it shall be an affirmative defense to any action
brought against a hunter under this Section that the hunter had previously
received express authority to discharge the archery device within
said thirty (30) yards from the owner of the dwelling, building, structure,
or vehicle.
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 on public or private property other than the property
on which the hunt has been authorized.
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 eight (8) feet in height.
H. No hunting is authorized on tracts of land under one (1) acre in
area except that adjacent property owners may combine their parcels
up to a maximum of four (4) parcels to meet the one (1) acre requirement.
I. Any person under the age of sixteen (16) years old must be accompanied
by a parent or legal guardian who is a properly permitted hunter eighteen
(18) years of age or older to hunt deer within the City limits of
Manchester.
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 Manchester.
[Ord. No. 13-2060 §1, 11-4-2013; Ord. No. 18-2231, 9-4-2018]
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 and to obtain the permission of the owner of
any property upon which an injured or dead deer is located prior to
engaging in a reasonable search and retrieval of the deer.
D. 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 Manchester Police
Department.
[Ord. No. 13-2060 §1, 11-4-2013; Ord. No. 18-2231, 9-4-2018]
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 bio-hazardous 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. 18-2231, 9-4-2018]
A. It
is the intent of the Board of Aldermen of the City of Manchester to
recognize that all persons shall have the right to hunt, fish and
trap in this State in accordance with law and the rules and regulations
made by the Missouri Conservation Commission as established in Article
IV of the Constitution of Missouri and in accordance with City's Deer
Control Policy and Hunting Regulations.
1. A person commits the offense of interference with hunting, fishing,
or trapping in the first degree if he or she intentionally interferes
with the lawful taking of wildlife by another.
2. It shall be considered a violation of this Section to intentionally
harass, drive, or disturb any game animal or fish for the purpose
of disrupting lawful hunting, fishing or trapping.
3. A person commits the offense of interference with hunting, fishing,
or trapping in the second degree if he or she enters or remains in
a hunting, fishing or trapping area where lawful hunting, fishing
or trapping may occur with the intent to interfere with the lawful
taking of wildlife.
[Ord. No. 13-2060 §1, 11-4-2013; Ord. No. 18-2231, 9-4-2018]
Any person, entity, or group of individuals who shall perform an act in violation of this Article, or who shall fail to follow the rules and/or regulations contained in this Article
V, shall, upon conviction, be punished in the manner prescribed in Section
100.100 of this Code.