§ 22-174. Hunting and weapon control.

(a)

It shall be unlawful for any person to hunt or pursue any birds, animals or waterfowl within the corporate limits of the city except for the following:

(1)

It shall be lawful for a person to hunt waterfowl from the conservation easement located in Humbug Marsh, so long as approved by the United States Fish and Wildlife Service;

(2)

It shall be lawful for a person to hunt waterfowl from any other area in the Humbug Complex approved by the United States Fish and Wildlife Service;

(3)

It shall be lawful for a person, while situated in the water, to hunt waterfowl so long as subsection (b) of this section is not violated.

(4)

It shall be lawful for a person to hunt White Tailed Deer with a bow and arrow, or other archery equipment permitted by law, but only in strict compliance with the following provisions:

a.

The hunter must comply with all hunting laws and regulations of the State of Michigan and the Michigan Department of Natural Resources, including but not limited to:

1.

Obtaining the necessary hunting license for archery hunting in the state;

2.

Hunt only during the state authorized hunting season for archery hunting; and

3.

Be in full compliance with all hunting safety rules, regulations and statutes of the State of Michigan.

b.

The hunter shall limit hunting to the Humbug Marsh Mainland Unit as identified by the International Wildlife Unit of the U.S. Fish and Wildlife Service. White Tailed Deer hunting is permitted in no other location within the boundaries of the City of Gibraltar.

c.

The hunter shall obtain and have on his/her person at all times, a hunting permit issued by International Wildlife Unit of the U.S. Fish and Wildlife Service.

d.

The hunter shall comply with all administrative rules and regulations of the International Wildlife Unit or the U.S. Fish and Wildlife Service existing or otherwise promulgated by the service.

(b)

No person shall be allowed to hunt or discharge a firearm within a safety zone or shoot at any waterfowl that is within a safety zone, without the written permission of the owner or occupant of such safety zone. Safety zones are defined as all areas within 450 feet (150 yards) of an occupied dwelling, house, cabin, residence, or any barn or other building used in farm operation.

(c)

It shall be unlawful for any person to discharge any rifle, revolver, shotgun, pistol or any other firearm, air gun, sling shot, bow and arrows, or missile propelling implement within the city, except as provided in subsection (a) of this section; and it shall likewise be unlawful for any person to carry, draw, handle or flourish any uncased or non-broken-down rifle, revolver, pistol, shotgun, any other firearm, air gun, sling shot, bow and arrows or missile propelling implement in any public street, alley, park, or other public place within the corporate limits of the city except as provided in subsection (a) of this section and except that private or public shooting galleries or ranges shall be allowed upon receiving permission from the council after a showing that satisfactory safety regulations and practices are being followed. Provided, however, that the foregoing shall not apply to any peace officer, sheriff, deputy sheriff, constable, policeman, or any duly appointed assistant of such officers, in the discharge of his duties, or any members of any authorized military organization when acting in the proper discharge of their duties, nor to any person properly licensed under the laws of the state, or any other state, to carry a weapon upon his person, when such weapon shall be employed for the purpose for which the license was granted, subject to the limitations of subsection (a) of this section.

(d)

All persons acting pursuant to subsection (a) of this section shall comply with all state and federal laws and regulations relating to waterfowl hunting.

(e)

Any person duly convicted of a violation of this section shall be guilty of a misdemeanor.

(Code 1977, § 15-192; Ord. No. 97, § 3, 9-27-1976; Ord. No. 284, 11-26-2001; Ord. No. 311, 4-28-2005; Ord. No. 383, 4-25-2016)