City of Chesterfield, MO Article V Deer Control Policy And Hunting Regulations [1]

[1] Editor's Note: Policy documents and forms related to this Article, such as "Suggested Actions for Property Owner Authorizing a Deer Hunt on Their Property," "Notification of Intent to Hunt," "Procedural List For Hunting Season," and "Neighborhood Policy, Deer Hunting, Contiguous Neighbor Notification," are on file in the City Clerk's office.

Section 205.410 Definitions.

[CC 1990 § 5-76; Ord. No. 2217 § 1(1), 11-21-2005; Ord. No. 2952, 6-5-2017; Ord. No. 3164, 11-1-2021]

As used in this Article, the following terms shall have these prescribed meanings:

ARCHERY DEVICE

Any longbow, crossbow or compound bow.

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.

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.

UNDER THE INFLUENCE

Under the influence shall be defined by the State regulation applied to motor vehicle operation.

Section 205.420 Hunting Regulations Within The City Limits.

[CC 1990 § 5-77; Ord. No. 2217 § 2, 11-21-2005; Ord. No. 2952, 6-5-2017; Ord. No. 3164, 11-1-2021]

A. Regulation of hunting within the corporate limits of the City of Chesterfield during deer hunting season set by the Missouri Department of Conservation or such other specific time authorized by the City of Chesterfield.

1. Discharging or releasing arrows or bolts from archery devices, or crossbows, within the City limits is restricted to hunting activities permitted under this Article.

2. Prior to any hunting activity under this Article, the property owner shall notify the Chesterfield Police Department of his or her intent to hunt on their 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 the Police Department prior to engaging in or authorizing any hunting activity on their property.

3. Prior to any hunting activity, the property owner shall provide to the Police Department 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 one million dollars ($1,000,000.00) per occurrence insuring or bonding the property owner and/or the designated hunter. The indemnity may be provided by the property owner, or the hunter, or the property owner, and the hunter may provide shared indemnity 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.

4. All current laws of the State of Missouri as regards to the regulations of hunting shall be obeyed within the corporate limits of Chesterfield.

5. All activities related to a hunt or harvesting of wildlife shall be in conformance with the Missouri Department of Conservation rules and regulations.

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 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.

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. No person without lawful authority, or without the expressed or implied consent of the owner, lessee or their agent, shall enter any building or enter upon any enclosed or improved real estate, lot or parcel of ground in the City of Chesterfield; 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.

d. Prior to any hunting activity on a property, the contiguous neighbors must be notified in writing. The hunter must be able to show the appropriate documentation of receipt of the notification of the approximate date and time period of the hunt. In the event hunting is authorized by subdivision trustees within subdivision common ground, the trustees shall be responsible for notifying the appropriate property owners and retaining evidence thereof. For purposes of this Subsection, "contiguous" shall mean any adjoining or abutting property within a 200-yard radius from the planned hunting location, and any properties immediately abutting the hunters' travel route from their vehicle to the planned hunting location.

7. In addition to the rules and regulations of the Missouri Department of Conservation, 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 Chesterfield Police Department during normal business hours or by delivering written notification to the Police Department.

8. Prior to entering a property to hunt, 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. Possessing unmarked archery projectiles during a hunt shall be deemed a violation.

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 the City Code.

Section 205.430 Specific Actions Prohibited/Required.

[CC 1990 § 5-78; Ord. No. 2217 § 3, 11-21-2005; Ord. No. 2952, 6-5-2017; Ord. No. 3164, 11-1-2021]

A. It shall be unlawful for any person to discharge any archery device 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 one hundred fifty (150) yards of any church, school, or playground.

D. 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.

E. No arrow, bolt or other projectile used to hunt 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, bolt 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.

G. 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.

H. 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 to any side or rear property line. No arrow shall be shot from a distance greater than thirty (30) yards.

I. No hunting is authorized on tracts of land under one-half acre in area, except that adjacent property owners may combine their parcels to satisfy the property line discharge restrictions contained in Subsections (F) and (H) herein. All other provisions of the Deer Control Policy shall apply to combined lots.

J. It shall be unlawful for any person under the age of eighteen (18) years old to hunt deer within the City limits of Chesterfield.

K. 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 Chesterfield.

Section 205.440 Deer Retrieval.

[CC 1990 § 5-79; Ord. No. 2217 § 4, 11-21-2005; Ord. No. 2952, 6-5-2017; Ord. No. 3164, 11-1-2021]

A. Any person who kills or injures any deer while hunting shall make a reasonable search to retrieve the deer and take it into their 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, if they suspect that an injured or dead deer may be located on their 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.

Section 205.450 Field Dressing.

[CC 1990 § 5-80; Ord. No. 2217 § 5, 11-21-2005; Ord. No. 2952, 6-5-2017; Ord. No. 3164, 11-1-2021]

A. Any person who kills any deer while hunting shall follow all Missouri Department of Conservation guidelines regarding field dressing and processing of 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 accordance with the Missouri Department of Conservation rules and regulations.

Section 205.460 Violations And Penalties.

[CC 1990 § 5-81, Ord. No. 2952, 6-5-2017; Ord. No. 3164, 11-1-2021]

A. 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, shall be deemed to have committed a misdemeanor.

B. The penalty for violating any provision of this Article 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. Each individual violation may be punishable separately as determined by the Municipal Judge.

Section 205.470 through Section 205.510. (Reserved)