HomeMy WebLinkAbout24. 14-165MARCH 25, 2014 APRIL 8, 2014 14 -139 14 -165 ORDINANCE
FIRST READING SECOND READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND CITY ORDINANCES PERTAINING TO BOW HUNTING
WITHIN THE CITY
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17 -5 OF
THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO BOW HUNTING WITHIN
THE CITY.
WHEREAS, the State of Wisconsin recently enacted legislation limiting the ability of
municipalities to regulated hunting with a bow and arrow or crossbow within the municipal
jurisdiction; and
WHEREAS, it is necessary to revise the City of Oshkosh Municipal Code to comply
with the state legislation.
NOW, THEREFORE, the Common Council of the City of Oshkosh does ordain as
follows:
SECTION 1. That Section 17- 5(A)(1)(f) of the Oshkosh Municipal Code pertaining to
hunting with a bow and arrow or crossbow is hereby created to read as follows:
(f) to persons hunting with a bow and arrow or crossbow who meet the
following conditions:
(i) Hunting does not include target practice.
(ii) A person hunting with a bow and arrow or crossbow shall not hunt
within a distance of one hundred (100) yards from any building
which is a permanent structure used for human occupancy,
including a manufactured home as defined in sec. 101.91(2)
Wisconsin Statutes. This restriction shall not apply if the person who
owns the land on which the building is located allows the hunter to
hunt with a bow and arrow or crossbow within the specified distance
of the building.
(iii) A person who hunts with a bow and arrow or crossbow shall hunt
from an elevated position and shall only discharge an arrow or bolt
from the weapon toward the ground.
(iv) No person shall hunt on or over any portion of land owned or leased
by the City of Oshkosh.
MARCH 25, 2014 APRIL 8, 2014 14 -139 14 -165 ORDINANCE
FIRST READING SECOND READING CONT'D
(v) No person shall discharge an arrow or bolt with any bow or
crossbow in such a manner that the arrow or bolt may endanger the
life, limb or property of another or will traverse any right -of -way,
street, public grounds or parks.
(vi) Hunters must possess a current valid permit or license issued by the
Wisconsin Department of Natural Resources and must comply with
all applicable state laws, rules and regulations pertaining to bow
hunting.
SECTION 2. That Section 17- 5(B)(1)(b) of the Oshkosh Municipal Code pertaining
to hunting with a bow and arrow or crossbow is hereby created to read as follows:
(b) persons hunting with a bow and arrow or crossbow in compliance with
subsection (A)(1)(f) above.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 4. Publication Notice.
Please take notice that the City of Oshkosh enacted A GENERAL ORDINANCE 14 -165 OF
THE CITY OF OSHKOSH AMENDING SECTION 17 -5 OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO BOW HUNTING WITHIN THE CITY, on April 8,
2014. The ordinance amends city ordinances pertaining to bow hunting within the Cityto
comply with recent changes in state law. The ordinance allows hunting with a bow and
arrow or crossbow within the City except within 100 yards of a building which is used for
human occupancy unless permission is obtained from the building owner; requires hunting
from an elevated position so that arrows or bolts may only be discharged toward the
ground; and prohibits hunting on or across land owned or leased by the City of Oshkosh.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone:
9201236 -5011.
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: March 20, 2014
RE: Ordinance amending Section 17 -5 of the City of Oshkosh Municipal Code
pertaining to Bow Hunting within the City
BACKGROUND
2013 Act 71 was signed into law in December 2013. This legislation generally prohibits
municipalities from banning, with some limited ability to regulate, bow and arrow and
cross bow hunting within the community. While the new legislation would not allow a
municipality to ban hunting, it would allow a municipality to prohibit a person from
hunting with a bow and arrow or crossbow within a specified distance, not to exceed
100 yards, from a building used for human occupancy located on another person's land
without the permission of the other person. Municipalities may also require someone
who hunts with a bow and arrow or crossbow within the city to discharge the arrow or
bolt toward the ground, such as from a tree stand.
The legislation did not change existing law under which a municipality may prohibit
hunting by bow and arrow, crossbow, or firearm in municipal parks or on other
municipally owned land.
ANALYSIS
In light of the new legislation, staff reviewed the City's current ordinances. Current city
ordinances would prohibit shooting or discharging a bow or crossbow within the City of
Oshkosh with certain limited exceptions. In order to comply with this recent legislation,
staff is recommending an ordinance change to allow hunting with a bow and arrow or
crossbow but to prohibit hunting within 100 yards of a building used for human
occupancy without permission of the property owner and to require discharging of the
bolt or arrow toward the ground. These two limitations are consistent with good safety
practice'.
FISCAL IMPACT
There is no anticipated fiscal impact.
RECOMMENDATION
Council adopt the ordinance to allow bow and arrow and crossbow hunting within the
City subject to the limitations proposed to be consistent with state statutes.
Respectfully Submitted,
6 L� Lorenson
City Attorney
Approved:
Mark A. Rohloff
City Manager