HomeMy WebLinkAbout2020-08-04 OrdinanceItem Number: 14.
1 CITY OF IOWA CITY
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COUNCIL ACTION REPORT
August 4, 2020
Ordinance amending Title 8, entitled "Police Regulations," Chapter 7,
entitled "Weapons," to allow persons to discharge an arrow as part of an
approved deer management plan. (First Consideration)
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution No. 19-216
Letters to and from Natural Resources Council
Ordinance
Executive Summary:
The City Code prohibits the discharge of an arrow within City limits except at an inanimate object.
This ordinance adds an exception for a person approved to discharge an arrow pursuant to the
City's deer management plan.
Background /Analysis:
In Resolution No. 19-216, City Council approved a deer management plan that includes a bow
hunt during the fall/winters of 2020 to 2024. City staff applied for a bow hunt for this fall/winter in a
letter to the Natural Resources Council, which has been approved. The bow hunt will occur only
on private property from Oct. 1 to Jan. 10. The Natural Resources Council approved
sharpshooting last winter on the condition that bow hunts would be subsequently held. There will
be no sharpshooting this winter.
ATTACHMENTS:
Description
Res No 19-216
NRC bow hunt request and approaval
Ordinance
Prepared by Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 19-216
Resolution approving the Long -Term Deer
Management Plan for the Years 2019 to 2024,
rescinding Resolution No. 19-167, and authorizing the
City Manager to sign an agreement with White
Buffalo, Inc.
Whereas, the Iowa Natural Resources Commission is authorized to approve deer
management in urban areas;
Whereas, the Iowa Natural Resources Commission has requested that the City have a
long-term deer management plan (i.e., 5 -year); and
Whereas, the attached deer management plan is a 5 -year plan to manage the City's
deer population with one year of sharpshooting and four years of bow hunting along with
five years of non -lethal activities; and
Whereas, Council previously approved a 5 -year plan in Resolution No. 19-167, which
the Iowa Natural Resources Commission did not approve and which should be
rescinded accordingly; and
Whereas, the City Manager should be authorized to enter into a contract with White
Buffalo, Inc. for sharpshooting deer in the winter of 2019-2020 to implement the attached
plan.
Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that:
1. The attached Long -Term Deer Management Plan for the Years 2019 to 2024
is approved.
2. The City Manager is authorized to submit the deer management plan to the
Iowa Natural Resources Commission for approval.
3. Resolution No. 19-167 is rescinded.
4. Upon the direction of the City Attorney, the City Manager is authorized to sign
a contract with White Buffalo, Inc. for sharpshooting in the winter of 2019-
2020 to implement the attached plan.
Passed and approved this 6th day of August , 2019.
M OR
ATTEST:
Approved.
City Attorney's Office
Resolution No. 19-216
Page 2
It was moved by trims and seconded by Cole the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Cole
x
Mims
x
Salih
x
Taylor
x
Teague
x
Thomas
x
Throgmorton
IOWA CITY LONG-TERM DEER MANAGEMENT PLAN
FOR THE YEARS 2019 TO 2024
(Approved by City Council in Resolution No. 19-216 on August 6, 2019)
I. Sharpshooting in the Winter of 2019-2020
Pursuant to 571 Iowa Admin. Code 105.5, the City shall request Natural Resources Commission
approval of an urban deer management zone during the winter of 2019-2020. Additionally, the
City shall request that the special harvest be conducted under the following conditions:
1. The deer management area is defined as all public and private land within the
corporate limits as designated by the City Council. Property owners will need to
provide the City with permission.
2. The number of deer to be killed will bring the deer to a density of less than 25 deer
per square mile.
3. It will be conducted solely by professional wildlife biologists trained as sharp
shooters.
4. Bait may be used to attract deer to select sharpshooting locations. All baiting will be
discontinued immediately and all remaining bait shall be removed if a CWD (chronic
waste disease) positive test result is confirmed. If no CWD positive test result is
confirmed, all bait will be removed at the end of the sharp shooting effort.
5. The deer carcasses will be individually identified (i.e., tagged) and transported whole
(i.e., not field dressed) to a locker. All deer ages 1 year and older will be frozen and
tested for chronic waste disease and held in individual containers until CWD test
results are known. The City will enter into a contract with Iowa Dept. of Natural
Resources for CWD testing and all costs will be borne by the City. The contract will
contain further testing details.
6. After receiving a "not detected" CWD test result, all deer meat will be distributed free
of charge at local food banks. If there is a positive CWD test, the carcass will be
properly disposed of.
7. All antlers will be sawed off above the pedicle and turned over to the Iowa Dept. of
Natural Resources. The locker will keep the hides.
8. Deer sharp shooting activities may occur on two separate occasions from December
1, 2019 through March 31, 2020.
II. Bow Hunting in the Fall/Winters 2020-2024
Pursuant to 571 Iowa Admin. Code 105.5, the City shall request Natural Resources Commission
approval of an urban deer management zone during the fall/winters of 2020-2024.
The duration of the bow hunt shall be a minimum of 30 days.
2. The parameters of the bow hunt shall be developed following discussions with
Dr. Garner and DNR Depredation Biologists, including the designated geographic
boundaries and appropriate number of tags. The parameters shall be provided to
the NRC by May 2020.
3. A request for an urban deer bow hunt shall be submitted to the NRC by May of
the years 2020-2023 for the following fall/winters.
III. Continued Monitoring and Evaluation from 2019 to 2024
Monitoring and evaluating the deer management efforts (both lethal and non -lethal) shall occur
on a continuing basis and shall include the following:
1. Conducting an annual aerial survey in conjunction with the DNR to determine the
density level of deer per acre and providing the result to the NRC.
2. Monitoring the trends over the years with the evaluation criteria to include: winter
helicopter aerial deer surveys (estimate of minimal number of deer and their
distribution), tracking of total deer harvest including the number of licenses sold and
percent harvest success (estimate of deer abundance based on effort and success),
deer/vehicle collisions and property damage complaints. An annual report containing
an evaluation of these criteria will be provided to the NRC similar to the Polk County
Controlled Bow -Hunt 2018-2019 Deer Report.
3. Reviewing whether 25 deer per mile is the appropriate density level.
4. Scheduling an annual City staff review of this plan specifically and evaluation of the
deer population management generally.
5. Providing for public input:
a. Developing a web page to accept complaints and suggestions.
b. Scheduling an annual listening session for members of the public to address City
staff on deer management including this plan.
c. Placing a deer management update on a City Council agenda annually to allow
members of the public to address City Council.
IV. Non -Lethal Deer Related Activities through July 2024
Below are a series of activities Iowa City is committing to provide, consider and develop. These
activities are based, in part, on successful non -lethal tools used in Mentor, Ohio, Austin, Texas,
and Rochester Hills, Michigan. "Provide" means placing the information on the City's website,
having hard copies available upon request, and having selected hard copies available at City
Hall, the library, and other locations. Note that these activities will begin before sharpshooting.
Deer -proof Fencing
Provide
• Images of deer -proof fences for gardens & other landscaping materials.
Consider
• Amending the City Code to decrease the restrictions on residential fences
between 6 and 8 feet in height.
Landscaping & Gardening
Provide
• Information on deer feeding patterns, deer resistant perennials, netting, "scare -
based devices (such as wind chimes with the middle striker removed so it only
triggered if the deer move them), repellants and decoy plants.
• Information on barriers in the form of vegetation (such as hedges and thorny
bushes to discourage deer from entering).
Consider
• Establishing a deer resistant garden as a demonstration project.
Deer -Vehicle Accidents Awareness & Prevention
Provide
• Maps showing deer vehicle accidents so residents know where to be alert to the
presence of deer and where and when drivers are more likely to encounter deer.
• Educational information for drivers, such as: if you see one deer, there are likely
others; deer often come out of roadside ditches or tall growth/unmowed areas, at
dusk and dawn, during October -December (rut and hunting seasons), and during
May/June (fawns); and defensive driving techniques (such as use of high beams
at night, reducing inside vehicle lighting, and watching for deer "eyeshine" by
roadsides).
Consider
• Reducing speed limits in high deer traffic areas.
• Installing seasonal signage in high traffic corridors during rut and hunting season.
• Installing Strieter-Lite reflectors, white flags along roadways, roadway sensors to
warn of animals in road ahead, and strobe lights and sounds to warn deer of
approaching cars.
• Requiring deer resistant plants in City right of way.
• Designing new streets or re -landscaping streets with deer attraction in mind.
• Installing roadside fencing and adding fencing to overpasses and underpasses.
Additional Educational Activities
Provide
• Links to resources from government, academia, and non -profits on deer
management such as ISU Extension, Iowa Dept. of Natural Resources, and the
U.S. Humane Society.
• Suggestions for how to behave around deer (such as do not approach a deer with
fawn or with a dog on a leash).
Develop
• "Deer" contact person in the neighborhood associations to assist with
disseminating information.
■ Use of utility bill inserts for various deer related education
3
Other Actions
Consider
Amending City Code to prohibit intentional feeding of deer.
41 Expanding natural areas in the community that also serve as safe environments
for wildlife
Potential Partnerships
Develop
• Partners to assist in implementing the plan including Iowa City Master
Naturalists, Project Green, Iowa City Gardeners Facebook group, Iowa City Deer
Friends, local landscaping companies, local fence companies, and University of
Iowa.
4
DNJ
June 15, 2020
DEPARTMENT OF NATURAL RESOURCES
Geoff Fruin, City Manager
City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
Geoff-Fruin@iowa-city.org
Dear Mr. Fruin,
GOVERNOR KIM REYNOLDS
LT. GOVERNOR ADAM GREGG
IOWA NATURAL RESOURCE COMMISSION
Thank you for your letter dated May 4, 2020. We appreciate your update regarding the successes that occurred
during your 2019-2020 deer management efforts and the City's goal to include future bow hunts to continue
that management.
We, also, appreciate your reaching out to the DNR to determine if the Urban Deer Management Zone (DMZ)
program would benefit your efforts and that the plan you submitted was approved by the DNR and included in
the 2020-2021 DMZ list to allow for bow hunting this fall. The 2020-2021 DMZ list was reviewed and approved
by the Natural Resource Commission at their June 11, 2020, business meeting.
The Commission commends your efforts in working to create a long term and sustainable deer management
plan and supports your continued coordination with the DNR to identify and implement annual strategies to
help with deer management.
Respectfully Submitted,
Mar Underwood, Chair
Natural Resource Commission
Margo.Underwood@dnr.iowa.gov
Attached: Letter from Geoff Fruin, City Manager, City of Iowa City, dated 05/04/20
cc: Susan (Sue) Dulek, Asst City Atty, 410 East Washington Street, Iowa City, IA (Sue-Dulek@iowa-city.org)
Captain Bill Campbell, IA City Police Dept, Iowa City, IA (Bill-Campbell@iowa-city.org)
Lt Zach Diersen, IA City Police Dept, Iowa City, IA (zach-diersen@iowa-city,org)
Natural Resource Commissioners (Marcus. Branstad@dnr.iowa.gov, Laura.Foell@dnr.iowa.gov,
Kim. Fra ncisco@dnr.iowa.gov, Laura. Hommel@dnr.iowa.gov, Tom.Prickett@dnr.iowa.gov,
Dennis.Schemmel@dnr.iowa.gov)
Dr. Dale Garner, IA DNR, CRD Division Administrator (Dale.Garner@dnr.iowa.gov)
IA DNR Wildlife Biologists (Andrew.Kellner@dnr.iowa.gov, Greg.Harris@dnr.iowa.gov)
WALLACE BUILDING, 502 E 9T" ST, DES MOINES IA 50319
Phone: 515-725-8200 www.lowaDNR.gov Fax: 515-725-8201
May 4, 2020
Natural Resource Commission
Henry Wallace Building
502 E. 9th St.
Des Moines, IA 50309
In re: June 2020 Business Meeting
Urban Deer Management Zone—Request to Bow Hunt
Dear Commissioners:
P/Ak 5t _l as
I r 1
"Nov .._
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
I want to begin by thanking you again for authorizing the sharpshoot this past winter. White
Buffalo, Inc. culled 500 deer with all the meat being processed by a local locker and distributed
free at food banks. For your information, I am enclosing a copy of the "Final Report 2019-20
Deer Management Program" prepared by White Buffalo, Inc. I plan on providing the
Commission an annual deer management report later this year.
This letter is to request approval of an urban deer management zone in Iowa City under the
following parameters:
• When: 10/1/20 to 1/10/21 (to coincide with the bow hunt season)
• Where: Private property throughout Iowa City
• Tags: 75 antlerless tags -archery only
• Preferred Vendor: Fin & Feather, Iowa City
• Incentive Program: Iowa City requests a hunter who kills 3 antlerless deer will be
eligible for 1 buck tag for the following bow hunting season.
• Additional Request: Until further notice, this letter will serve as a request from Iowa City
to renew its urban deer management zone for the following three seasons along these
same parameters (Iowa City's long-term deer management plan provides for 4 years of
bow hunting).
As the White Buffalo, Inc. report states, the deer population likely is under our goal of 25 deer
per square mile. As a result, City staff believes 75 tags will be sufficient to manage the deer
population. With that said, we plan to partner with the DNR to conduct an aerial deer count next
winter, which will provide needed data to assist us in our ongoing challenge of managing Iowa
City's deer population.
RECEIVED MAY 112020
In closing, I want to express my appreciation to Dr. Garner for his invaluable assistance to my
staff this past year. I also want to thank Andy Kellner for his assistance in the development of
our bow hunt. I know City staff looks forward to continuing to work with Dr. Garner and Mr.
Kellner.
Thank you very much for your time and consideration.
Sincerely,
Geoff ruin
City Manager
Copy to:
Captain Bill Campbell, Interim Chief of Police
Zach Diersen, Lt. Iowa City Police Dept.
Susan Dulek, Ass't. City Attorney
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance amending Title 8, entitled "Police Regulations," Chapter 7,
entitled "Weapons," to allow persons to discharge an arrow as part of
an approved deer management plan.
Whereas, Section 8-7-4 of the City Code prohibits the discharge of an arrow within
City limits except if directed at an inanimate object;
Whereas, the deer management plan approved in Resolution No. 19-216 provides for
a bow hunt during the fall/winters of 2020 to 2024;
Whereas, the prohibition of discharging arrows should be amended for the purpose of
killing deer pursuant to a deer management plan; and
Whereas, it is in the best interest of the City to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons,"
Section 4, entitled "Bows, Arrows and Crossbow," is amended by adding the
underlined textus follows:
It shall be unlawful for any person to discharge or cause to be discharged any bow or
crossbow which propels an arrow or other dangerous missile capable of inflicting
serious bodily injury or death at any time or under any circumstances within the city
limits. However, this section shall not apply to any person discharging an arrow from
a bow or crossbow at an inanimate target on public or private property provided the
person has the permission of the property owner and the person exercises due care
and caution to avoid striking people or animals or to any person approved to
Section II. Repealer. All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of 2020.
Mayor
City Clerk
Ap o b
'l. J
City Attorney's Office — 07/30/2020
1 �.
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 08/04/2020
Voteforpassage: AYES: Thomas, Weiner, Bergus, Mims, Salih,
Taylor, Teague. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the