HomeMy WebLinkAbout4912-06/18/2008CITY I�
Document Number: 2009006146
OF WATERLOO
Date: Sep 19, 2008 4:30:00 pm
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Filed for record in Black Hawk County, Iowa
Z
Judith A. McCarthy, County Recorder
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4912
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SUBSECTION B, DISCHARGING AND
POSSESSING AIR RIFLES AND SIMILAR DEVICES;
EXCEPTION, OF SECTION 5-2-6, DISCHARGING
WEAPONS, OF CHAPTER 2, GENERAL OFFENSES, OF
TITLE 5, POLICE REGULATIONS; AND ENACTING IN
LIEU THEREOF NEW SUBSECTION B, DISCHARGING
AND POSSESSING AIR RIFLES AND SIMILAR
DEVICES; EXCEPTION, OF SECTION 5-2-6,
DISCHARGING WEAPONS, OF CHAPTER 2, GENERAL
OFFENSES, OF TITLE 5, POLICE REGULATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA:
That Subsection B, Discharging and Possessing Air Rifles and
Similar Devices; Exception, of Section 5-2-6, Discharging
Weapons, of Chapter 2, General Offenses, of Title 5, Police
Regulations, be and the same is hereby repealed in its entirety;
that a new Subsection B, Discharging and Possessing Air Rifles
and Similar Devices; Exception, of Section 5-2-6, Discharging
Weapons, of Chapter 2, General Offenses, of Title 5, Police
Regulations, is hereby enacted in lieu thereof as follows:
CHAPTER 2
GENERAL OFFENSE
5-2-6: DISCHARGING WEAPONS:
A. Discharge Of Firearms:
1. No person shall discharge any firearm within the
city, except peace officers in the line of duty or
peace officers using a police target range;
however, the city council may, upon written
application, grant annual permits to groups,
organizations or individuals approved by the city
council, allowing the permittees to conduct
trapshoots, skeetshoots or rifle ranges in certain
areas designated by the permit and under
conditions that will in no way endanger persons or
property, and under the supervision of the
permittee. Persons discharging firearms upon the
areas designated in the permit and while under the
supervision of a permittee shall not be subject to
the terms of this section. The city council may
revoke its permit at any time at its discretion,
where discharge of firearms under a permit, in its
opinion, constitutes a nuisance or in any way
endangers persons or property.
2. Subsection A.1. of this section shall not apply to
the discharge of pistols and shotguns in the
course of hunting game on land devoted to
agricultural use, containing forty (40) acres or
more, and not closer than two hundred (200) yards
Ordinance No. 4912
Page 2
to any building inhabited by people or domestic
livestock unless the owner or tenant has given
consent and under conditions that will in no way
endanger persons or property.
3. No shotgun slugs shall be discharged within the
city.
B. Discharging And Possessing Air Rifles And Similar
Devices; Exception:
1. No person shall discharge or carry on or about his
person or in a vehicle, any air rifles, pellet
guns, slingshots, or similar devices capable of
discharging any leaden or other dangerous missile
or substance within the city, except peace
officers in the line of duty. However, it shall
be lawful to carry one or more unloaded air
rifles, pellet guns, slingshots or similar devices
if the unloaded weapon is carried in a gun case or
closed container which is too large to be
effectively concealed on the person or within the
clothing of an individual. (Ord. 4292, 4-27-1998)
2. Subsection B.1. of this section shall not apply to
licensed bow hunters engaged in deer hunting from
the second Monday in October to January 10 of the
following year, as allowed by the Iowa Department
of Natural Resources under its special deer
management zone procedures. During October
hunting shall only be allowed during weekday
mornings until twelve o'clock (12:00) noon.
However, no bow may be carried or displayed within
six hundred feet (600') of any residence, without
the permission of the owner, or in a city park, or
within seventy five feet (75') of any bike trail,
nature trail, other recreational facility or any
other area posted as a no -hunting area. (Ord.
4317, 7-20-1998)
3. Subsection B.1, of this section shall not apply to
a public health technician, who is in possession
of a fur harvester license and under the oversight
of a health officer, from May 1 until October 1
each year. The public health technician may use a
pellet rifle to control burrowing animals only on
the City of Waterloo flood dike system. (Ord.
4499, 8-20-2001)
4. Section B.1. of this section shall not apply to
any person with a valid fishing license engaged in
fishing with the use of a bow and arrow during
time periods permitted by state law, provided that
the following restrictions are complied with: (1)
The arrow must be constructed of a solid shaft and
equipped with a heavy fishing point. Arrows
designed for flight through the air are not
permitted; (2) The arrow shall be tethered to a
line or cord no more than (20) feet in length and
having a test strength greater than or equal to a
(50) pound test line; (3) The bow used to propel
Ordinance No. 4912
Page 3
the arrow must be one that is hand -pulled and hand
released. Crossbows and draw locking mechanisms
are prohibited; (4) Any person bow fishing shall
always shoot the tethered arrow directly into the
water; (5) Fish, once taken, shall not be returned
to any waters, nor shall fish of any kind be left
on the banks of any waters or any public or
private property; (6) Persons shall not bow fish
within (300) feet of a dwelling house, place of
business, or other structure likely to be occupied
by people, any boat dock, pier, or restricted or
residential areas, or the outside limits of any
marked or designated swimming area; (7) All bow
fishing must take place from a boat. Bow fishing
is not allowed from the bank, any boat dock, or
while wading; (8) Persons under the age of (15)
shall be accompanied by a person of legal age.
INTRODUCED:
June
9,
2008
PASSED 1St CONSIDERATION:
June
9,
2008
PASSED 2nd CONSIDERATION:
June
16,
2008
PASSED 3rd CONSIDERATION:
June
16,
2008
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 16th day of June, 2008, and approved by
the Mayor on the 18th day of June, 2008.
ATTEST:
Nancy'Ecker CMC
City Clerk
�'�
Tim Hurley, yor
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4912 as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 16th day of June, 2008.
Witness my hand and seal of office this 18th day of June,
2008