[Ord. No. 855-01 §§1 —
2, 4-16-2001]
A. Definition. As used in this Section, the following term
shall have the prescribed meaning:
MIGRATORY WATERFOWL
Any species of birds, not otherwise defined as a domesticated
animal, commonly known as swans, geese, ducks, and any other waterfowl
falling under the jurisdiction of the Missouri Conservation Commission
or otherwise defined by the Commission as migratory waterfowl.
B. Prohibit Feeding Of Migratory Waterfowl. It shall be unlawful
for any person to feed any migratory waterfowl.
[Ord. No. 971-2003 §§1
— 6, 11-3-2003; Ord. No. 971-2003 §§1 — 6, 11-3-2003]
A. A Resident
Goose Management Plan is hereby established which shall include, but
not be limited to, the following actions:
1. Develop a fact finding and communication plan, including authorization
for the formation of a Citizens Action Committee.
2. Enforcement of the no feeding ordinance.
3. Conduct goose damage control activities, as suggested by the Missouri
Department of Conservation and attached to this ordinance as Exhibit
A and kept on file in the City offices. Some of the MoDNR recommended
measures are not currently permitted by current City ordinances but
shall be favorably considered by the Board of Aldermen.
B. For
the purposes of preserving ecological integrity by controlling Canada
goose populations within the City corporate boundaries and the overall
health, safety and welfare of the general population, and as a part
of a comprehensive Goose Management Plan established herein, the Kearney
Police Department is hereby authorized to conduct hunts on City properties
and on undeveloped private property with written consent of the owners
of said land.
C. All
persons participating in said hunt shall be approved and permitted
by the Chief of Police who shall have sole discretion in selecting
participants. All participants shall, at their own expense, secure
a goose hunting permit from the Missouri Department of Conservation
and sign a release and indemnification agreement holding the City
safe and harmless from any liability for any damages to or caused
by the participant.
D. All
rules and regulations imposed by Missouri Statutes and the Missouri
Department of Conservation shall be followed.
E. The
Chief of Police shall monitor and document the effectiveness of said
hunts for the purpose of aiding the City in developing a complete
and comprehensive Resident Goose Management Plan.
F. For
the specific terms set herein, this Section shall supersede regulations
prohibiting the discharge of firearms.
[Ord. No. 1062-07 §1, 2-5-2007]
A. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
BOW AND ARROW
A conventional bow and arrow combination that requires completely
manual operation without any means to cock the weapon and leave it
stable until it is released or fired via a trigger mechanism.
CROSSBOW
A traditional crossbow utilizing a mechanism wherein the
weapon can be cocked and left in a stable state until it is subsequently
released or fired at a later time via a trigger mechanism.
SHOTGUN
A firearm that is a smoothbore shoulder weapon for firing
shot or slugs at short ranges.
B. Certain Hunting Permitted.
1. Bow and arrow hunting permitted. Bow and arrow hunting
of deer within portions of the City consisting of at least five (5)
acres shall be permitted only with the restrictions as detailed below.
2. Shotgun hunting permitted. Shotgun hunting of game
animals and target shooting within portions of the City consisting
of at least forty (40) acres or more is permitted.
3. Compliance with all Missouri laws and rules. Hunter must be in full conformance with State of Missouri Wildlife Code and Federal hunting regulations. The provisions of this Section shall be an exception to Sections
210.920 and
210.940 of the Municipal Code.
C. Hunting
of deer shall be done by licensed hunter only with a conventional
bow and arrow, excluding any type of crossbows, unless the hunter
is disabled and has received a hunting method exemption from the State
allowing the use of such methods and only during the regular State
hunting season.
D. No
hunting shall be permitted without the written permission of the landowner
or lessee of the property in question, which must be in the possession
of the hunter while hunting or by or in the actual presence of the
landowner or lessee.
E. Certain Hunting Prohibited.
1. No bow hunting shall be permitted within two hundred fifty (250)
feet of any road, residential structure, except if owned by the hunter,
public building, school building, church or place where domestic animals
are kept.
2. No shotgun hunting or target shooting shall be permitted within four
hundred fifty (450) feet (or one hundred fifty (150) yards) of any
dwelling (whether occupied or unoccupied), place where domestic animals
are kept (except when the hunter is also the owner of the dwelling
unit or domestic animals), public building, school building or church.
F. No
weapon shall be discharged in the direction of any human, roadway,
structure or domestic animal within reasonable range of the weapon
at an angle which might allow the projectile to strike at, or dangerously
near, these objects.
G. Penalty. Any violation of the terms of the above Subsections
adopted in this Section shall constitute a misdemeanor and be punishable
by a fine of not more than five hundred dollars ($500.00) or a sentence
of not more than thirty (30) days in jail or both such fine and sentence.
Each day that a violation continues shall constitute a separate violation
and may be punished as such.