legal question-hunting

  • p4walleye
    Rochester, MN
    Posts: 733
    #1356316

    I live in a area of lots that are 2 acres plus. I am in an actual/legal deer hunting zone by state, and it is legal to hunt in city limits if hunter safety course passed and follow rules associated with in city hunting. Stand at least 6 feet up- arrow doesn’t leave property on shot etc. Neighborhood association says no bow hunting. The deer are overpopulated and destroy everything, and or get hit by cars weekly in the area. I have been a rule follower so far, I just hate seeing these delicious critters go to waste every week, let alone damage caused to cars and potentially the passengers.

    I follow all cosmetic ordinances and take care of my land, I am just having a hard time with people telling me that I can’t hunt my own land when I know I could do it safely.

    They can’t kick me out of my house if I were to hunt- could I realistically be sued even if no one is injured? I plan on continuing to follow ordinance- I have lots of places to bow hunt, I am just curious of everybody’s thoughts on this.

    Tom Sawvell
    Inactive
    Posts: 9559
    #1370112

    Instead of turning yourself into a black sheep with the association, go hunt somewhere else that they don’t have any say-so. 2 acres is not real large. A bow shot deer can go a really long ways sometimes even with a killing shot. Its not worth the crap you’ll take if you stick one in your yard and it ends up in some anti’s yard.

    What is the required acreage to hunt here in town? I thought it was like 5 acres or a large lot. I do know that there are a lot of items that have to be met before a permit gets granted. Still, you can’t predict where a deer will drop.

    I had the cops come over one Thanksgiving morning to take care of a dog-mauled deer in our back yard. The cop shot the deer and neighbors were all up in arms over him doing it. Years ago I bow shot a deer on a farm acreage that bordered a residential area with large lots [near Institute Hills here in Roch].That deer went under a fence and died in front of a picture window where a bunch of kids were watching Saturday morning cartoons. This did not end well in spite of me having legal permission to hunt the farm and ended with city cops, the sheriff’s dept and the local co’s being involved. Not a good day and the deer was dead before it knew it, heart and double lung shoot thru. Still, it covered about 80 yards and got inside a dink’s yard and was less than fun to deal with.

    icenutz
    Aniwa, WI
    Posts: 2540
    #1370128

    Even if you make a perfect shot the chances of that deer goin off of your property are pretty high. Should you be able to hunt on your own land, I say yes but you knew the rules going in.

    I would NEVER buy some where that they can tell what I can and cannot do like associations do.

    Buzz
    Minneapolis MN
    Posts: 1814
    #1370130

    You would likely need to abide by the Association rules and also check with the City regarding any discharge ordinances. (Bow, Gun, etc)

    Tom Sawvell
    Inactive
    Posts: 9559
    #1370133

    Rochester has a limited bow hunting ordinance, no firearms.

    p4walleye
    Rochester, MN
    Posts: 733
    #1370145

    Thanks for the insight tommy, that sounds like a nightmare. In your situation I don’t see any bad or fault in you- my situation seems like kind of asking for it- which is why I have refrained- still curious to know others thoughts. I have had others tell me they can’t believe I don’t hunt it-

    mark-bruzek
    Two Harbors, MN
    Posts: 3875
    #1370153

    HO associations carry not weight. Are they going to write you a ticket on a post it note?

    However, bow on that small of an area is just going to look bad for hunting. You know the animals dont drop on the spot. Its going to die in someones back yard when they are eating tofu burgers…

    Call the police and get on the call list for the ones that get hit by your neighbors. Then yo can repay them with some venni sticks.

    drew-evans
    rochester MN
    Posts: 1099
    #1370181

    Quote:


    HO associations carry not weight. Are they going to write you a ticket on a post it note?

    However, bow on that small of an area is just going to look bad for hunting. You know the animals dont drop on the spot. Its going to die in someones back yard when they are eating tofu burgers…
    Call the police and get on the call list for the ones that get hit by your neighbors. Then yo can repay them with some venni sticks.


    yeah if rochester or olmsted county had a call list… its illegal yes illegal to take a deer from the road in olmsted county. got in a huge battle royal over this rule last year when i tried getting a road kill permit for a deer that was hit on west circle drive…… co told me it was because of the CWD rules so i called the sheriffs i know in pine island and asked if they had herd of this and they said yes but its only for olmsted county not the rest of the “CWD Zone” complete bull S*** . waste of perfectly good deer… oh and this was during shot gun season so testing the deer would have been just like testing any of the other thousands of deer that have been tested here since the mythical 13 year old doe with cwd was shot.

    super_do
    St Michael, MN
    Posts: 1091
    #1370188

    Shoot them with a carp shooting setup That way that can’t get off of your property.

    Wade Boardman
    Grand Rapids, MN
    Posts: 4453
    #1370195

    Quote:


    Quote:


    HO associations carry not weight. Are they going to write you a ticket on a post it note?

    However, bow on that small of an area is just going to look bad for hunting. You know the animals dont drop on the spot. Its going to die in someones back yard when they are eating tofu burgers…
    Call the police and get on the call list for the ones that get hit by your neighbors. Then yo can repay them with some venni sticks.


    yeah if rochester or olmsted county had a call list… its illegal yes illegal to take a deer from the road in olmsted county. got in a huge battle royal over this rule last year when i tried getting a road kill permit for a deer that was hit on west circle drive…… co told me it was because of the CWD rules so i called the sheriffs i know in pine island and asked if they had herd of this and they said yes but its only for olmsted county not the rest of the “CWD Zone” complete bull S*** . waste of perfectly good deer… oh and this was during shot gun season so testing the deer would have been just like testing any of the other thousands of deer that have been tested here since the mythical 13 year old doe with cwd was shot.


    Thanks for this conversation guys. I didn’t miss Rochester before. This conversation just drives the point home.

    big_g
    Isle, MN
    Posts: 22533
    #1370204

    spine shot

    suzuki
    Woodbury, Mn
    Posts: 18710
    #1370228

    Go to association meetings and discuss it with everyone there. Talk to your neighbors. Maybe the support is there and you don’t know it? Unless you have already done this?
    My brother lives in a similar situation but the lots are 5 acres. It is against the rules but the association mgr a few doors down let her brother shoot a nice 8-point in her back yard so my brother is going for it.

    barebackjack
    New Prague, MN.
    Posts: 1023
    #1370245

    Quote:


    Go to association meetings and discuss it with everyone there. Talk to your neighbors. Maybe the support is there and you don’t know it? Unless you have already done this?
    My brother lives in a similar situation but the lots are 5 acres. It is against the rules but the association mgr a few doors down let her brother shoot a nice 8-point in her back yard so my brother is going for it.


    Hitting up an association meeting would be a good plan. Maybe other residents there feel the same about the deer population in your neighborhood. I would make certain to specify that you were only suggesting residents of the association could obtain permission to hunt within the association boundaries. That closes the door to others inviting outside parties in to the neighborhood to hunt.

    Tom Sawvell
    Inactive
    Posts: 9559
    #1370246

    If I were doing this, my first stop would be the law enforcement center and speak directly with Roger Peterson, the police chief, who issues the permits. I’d get every tidbit of information regarding the issue and decide whether you can legally use your 2 acres or not for taking a deer. If you can, then I’d approach an association meeting. And Id approach the issue from a property protection standpoint, not one of simply wanting to hunt in your yard. If the deer in this association’s boundaries are causing damage the parties involved may allow a little relief if they know exactly what the rules you have to follow from the permit’s aspect are and that your intentions will benefit all of the association by reducing the number of deer.

    Its amazing just how many people build in areas where deer exist, complain and complain about deer related damage to trees and shrub let alone flower plantings and then shut their ears to any relief other than $$$$$ from the DNR.

    Good luck on your quest here. I hope you can get your way.

    glenn57
    cold spring mn
    Posts: 12064
    #1370248

    just have the DNR transport/plant some timberwolves from northern minn. in the Rochester area. they can spare a few up there.

    Tom Sawvell
    Inactive
    Posts: 9559
    #1370252

    SGlenn, but population densities make it impossible to move the dogs from the north down here. You’ll have to change your eating habits….dog eat dog sorta thing. You could unionize the wolves to make them more appealing on your plate.

    jrrendler
    Mantorville, MN
    Posts: 341
    #1370256

    Go ahead and shoot the deer. Do it in a legal manner and if it lands on your neighbors yard politly go over and ask them if you can retrieve it. Take your shot very early morning or late day so there is less chance of it even being seen….I think late day is better.

    I am in a township so I don’t have to follow city ordinance. My lot is 1 acre and most of my neighbors lots are just slightly larger. We have a bike trail that divides my lot so I also own a seperate .24 acre lot on the other side of this trail. I have taken a deer in this area with a heart shot at close range, it went only 20-30 yards and died in a dry creek bed. I went to the my neighbors house and asked him if I could get the deer and he said sure go ahead. There was no problem and this was a neighbor who I had actually only talked to one time before this….and that was to ask him to take down the barbed wire he had strung onto my property. I should point out that the deer ended up in a spot where no one was going to see it about 150 feet from their house, lots of trees in the way and down a hill but the odds of that happening in this area are pretty good.

    So I am in favor of you exercising your right to hunt but only you know the lay of the land you are working with. It might go well but it could also go poorly as others have pointed out. But I wonder what would happen if you shoot one and it ends up in a neighbors yard who says ‘no leave it.’ So the deer is just left to rot in their yard? Really, do they want that? That might happen but I doubt it. This is just my opinion and experience. I am sure others will say I am wrong. I also want to point out that I rarely hunt my own yard anymore. There are too many people out in their yards in the fall and too much movement so rarely have I ever had a deer in range and that is OK. Because of that I usually only go out very late in the season when it is snowing or a slight rain. Fortunatley, the last few years my son and I been able to get permission to hunt somewhere else and have taken a deer or two by mid-season so if I do go sit out back it is just to enjoy the snow falling and to watch for something to come by. I may have a bow in my hand but I really don’t need another deer.

    Good luck with your decision.

    Tom Sawvell
    Inactive
    Posts: 9559
    #1370261

    jrrendler….

    Mantorville rules do not pertain to Rochester and the discussions from the past between the city council and police department on this make it perfectly clear that what has to be followed to be legal. If this were about a property in Rochester Township, things maybe be different. Within the city limits your advice can lead to a ticket. And a ticket of this nature will affect whether or not you might hunt for the next 2 or 3 years.

    jrrendler
    Mantorville, MN
    Posts: 341
    #1370287

    Did you miss the part where I said “Do it in a legal manner.”

    Tom Sawvell
    Inactive
    Posts: 9559
    #1363461

    I saw it. The only legal way to go after a deer in Rochester is to comply with all of the rules. If a deer ends up on neighboring property doing it that way, there’ll be no legal problems.

    c_hof
    New Richmond, WI
    Posts: 256
    #1370317

    I wouldn’t do it. Way too small of an area. Too many things can go wrong. What if you put an arrow in a deer, it bolts across a roadway and someone hits it. Now you are looking at potential legal action. Not to mention it’s just not worth it to rile up your neighbors if you don’t have too.

    TheFamousGrouse
    St. Paul, MN
    Posts: 11820
    #1370351

    This is the difference between what you CAN do and what is ADVISABLE to do.

    I wouldn’t do it. If anything goes wrong, you have no excuse or defense whatsoever because your association agreemnt says it’s not allowed.

    2 acres is just too small of a lot. There is every chance that a deer hit would run onto someone else’s property. And then you’ve got issues.

    The only way around it would be to get written permission from the association. Hopefully just the president could grant such permission or at least just a vote of the board. The worst situation would be where the association body would have to vote.

    Grouse

    p4walleye
    Rochester, MN
    Posts: 733
    #1370436

    Thanks gentleman, appreciate your replies, I’m gonna stick to out of city hunting.

    river rat randy
    Hager City WI
    Posts: 1736
    #1370476

    Quote:


    Thanks gentleman, appreciate your replies, I’m gonna stick to out of city hunting.


    ..You can use my 7mm mag. If ya want.? ONE shot in the right SPOT and they wont leave your land. BUT ONLY SHOOT ONCE.!! …rrr

    sgt._rock
    Rochester, MN
    Posts: 2517
    #1370967

    From City of Rochester web site:

    85.135. Game Hunting Within the City. Subdivision 1. No person may
    use a firearm, bow or other dangerous weapon in hunting game within the City except
    as permitted in section 85.13, subdivision 3(E) or section 85.135, subdivision 2.
    Subd. 2. A person may hunt deer or wild turkeys using a bow and pointed tip
    arrow under all of the following circumstances:
    A. The shooting occurs on property the person owns or on
    another person’s property if the shooter has in his
    possession written permission of the property owner to
    engage in the activity;
    B. The arrow does not travel beyond the boundaries of that
    property;
    C. Unless otherwise specified by written permission of the
    property owner, any shooting must occur at least 200 feet
    from any building and from any land not owned by that
    landowner;
    D. The shooting does not endanger anyone else;
    E. The person has in his or her possession a valid State of
    Minnesota Deer Archery or Turkey Season License.
    F. The person has completed a Bowhunter Educational
    Program and an Archery Proficiency Test, and is able to
    show proof of this proficiency as granted and administered
    by a certified Archery Instructor.
    G.A person archery hunting for deer must make use of a tree
    stand at least five feet from ground level unless a person
    engaged in hunting is physically unable. A person archery
    hunting for turkey must make use of a portable ground
    blind.

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