Title 11 - Peace, Morals and Safety

11.12.155 Unlawful Hunting.

1. A.
   It shall be unlawful for any person to shoot or hunt any animal or bird within the City unless that person:

   1. 1.
      Is in possession of a valid Kansas hunting license or other permit authorizing the taking of wildlife, or is exempted from possessing a hunting license by the State of Kansas; and
   2. 2.
      Is hunting on land that is primarily rural or devoted to agricultural use; and
   3. 3.
      Is in possession of the written permission of the landowner where the hunting is occurring; and
   4. 4.
      When hunting with a firearm, is in possession of the written permission of all landowners or persons in possession of land contiguous to the land where the hunting is occurring when on land that contains less than 40 acres; and
   5. 5.
      When hunting with a bow, is in possession of the written permission of all landowners or persons in possession of land contiguous to the land where the hunting is occurring when on land that contains less than 30 acres; and
   6. 6.
      Utilizes a shotgun with shot shells containing pellets of 00 buckshot or smaller shot, or utilizes a rifle or pistol with a bore diameter of .224 caliber or less and the ammunition is of rim fire configuration.
2. B.
   It shall be unlawful for any person, unless authorized by special permit issued by the State of Kansas to hunt by:

   1. 1.
      Taking any game animal or furbearing animal from a motorboat, airplane, motor vehicle or other water, air or land vehicle unless such person holds a valid handicapped hunting and fishing permit.
   2. 2.
      Providing or receiving information concerning the location of any game animal or furbearing animal by radio or other mechanical device for purposes of taking such bird or animal.
   3. 3.
      Using sodium fluoroacetate, commonly called formula 1080, except as permitted by rules and regulations of the Secretary of Wildlife and Parks of the State of Kansas.
   4. 4.
      Using poison, poisonous gas, smoke or ferrets, or any smoke gun or other device for forcing smoke or any other asphyxiating or deadly gas or liquid into the holes, dens, runways, or houses of wildlife, except as permitted by rules and regulations of the Secretary of Wildlife and Parks of the State of Kansas.
   5. 5.
      Throwing or casting the rays of a spotlight, headlight or other artificial light on any highway, or in any field, grassland, woodland, or forest for the purpose of spotting, locating or taking any animal, except furbearing animals when treed with the aid of dogs, while having in possession or control either singly or as one of a group of persons, any rifle or pistol, shotgun, bow or other implement whereby wildlife could be taken.
   6. 6.
      Utilizing a rifle or pistol having a bore diameter greater than .224 caliber and the ammunition must be of rim fire configuration, provided slugs in shotguns are permitted on land of more than 100 acres.
3. C.
   It shall be unlawful for any person otherwise lawfully hunting within the City to discharge a firearm or other projectile within 500 feet of a residence, school, church, airport, cemetery, or public recreation facility to include all adjacent or contiguous property owned or used for such purposes.
4. D.
   The provisions of this Section shall not apply to persons hunting on any property zoned RUR that is annexed into the City pursuant to Ordinance No. A-2719, unless and until such property is rezoned, subject to the following provisions:

   1. 1.
      No one shall discharge any shotgun, muzzleloader, rimfire rifle, or any handgun within 200 yards of a building inhabited by people or within 200 yards of a feedlot unless the owner, if owner-occupied, or legal tenant, if tenant-occupied, of the building or feedlot has given written consent to do so. “Feedlot” shall mean any yard, enclosure or coral where livestock are confined for purposes of feeding and growth prior to slaughter. Pastures, hayfields, or cropfields where animals are allowed to graze are not deemed to be a “feedlot.”
   2. 2.
      No one shall discharge a center-fire rifle except from an elevated stand or platform of not less than 10 feet above the ground surface, and no one shall discharge any center-fire rifle within 500 yards of a building inhabited by people or within 500 yards of a feedlot unless the owner, if owner-occupied, or legal tenant, if tenant-occupied, of the building or feedlot has given written consent to do so. “Feedlot” shall have the meaning given to it in the immediately preceding subsection.

(History: Ord. POC-2788 §2, 2008; POC-2729 §1, 2008, modified during codification under authority of K.S.A. 12-3015; POC-2403 §1, 2002; POC-1771 §1, 92; POC-1646 §1, 90; POC-1578 §1, 89; POC-1381 §3, 86; POC-625 §35, 72; POC-598 §34)

Effective on: 1/1/1901