[R.O. 2001 § 206.010; Ord. No.
04-20 § 1, 10-5-2004]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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.
[R.O. 2001 § 206.020; Ord. No.
04-20 § 1, 10-5-2004]
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 related 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 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 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.
[R.O. 2001 § 206.030; Ord. No.
04-20 § 1, 10-5-2004]
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 or consume alcohol or any other controlled
substance or be intoxicated or in an intoxicated condition while engaged
in hunting activities within the City limits of Clarkson Valley.
[R.O. 2001 § 206.040; Ord. No.
04-20 § 1, 10-5-2004]
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.
[R.O. 2001 § 206.050; Ord. No.
04-20 § 1, 10-5-2004]
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.
[R.O. 2001 § 206.060; Ord. No.
04-20 § 1, 10-5-2004]
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.
B. The penalty for violating any provision of this Chapter shall be
the assessment of a fine up to one thousand dollars ($1,000.00) per
violation. In addition to any fine imposed herein, the Municipal Court
shall have authority to issue a sentence of confinement in jail up
to a period of ninety (90) days per violation.