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It shall be lawful to hunt deer in Olathe with a bow and arrow under the following circumstances:

(1) The use of a bow and arrow to hunt deer will only be allowed on property approved by the Governing Body. All requests for the hunting of deer with a bow and arrow shall be submitted to the Governing Body by August 1st of each calendar year and, upon meeting the requirements established in subsection (2) and (3) of this Ordinance, the Governing Body may approve by resolution the property for the hunting of deer by bow and arrow.

(2) Prior to the issuance of a City Permit, the property owner must provide to the Olathe Police Department a written report from the Kansas Department of Wildlife and Parks that makes a determination that the property owner has a deer overpopulation, that the deer have caused property damage and that they would recommend bow hunting to reduce the deer population and property damage.

(3) The City of Olathe Police Department is authorized to issue City deer hunting permits. A permit will not be issued and no hunting will be allowed without possessing the following and meeting the conditions listed below:

(a) A Deer Hunting License and a Kansas Deer Tag issued by the State of Kansas (the “State Permit”).

(b) Only the owner of the designated property or persons with the owner’s written permission shall be eligible to receive a City Permit to bow hunt.

(c) The application for a City Permit shall be accompanied by a copy of the State License, Deer Tag and an application fee. The application fee shall be adopted by the Governing Body of the City by resolution.

(d) A Permit shall not be approved unless the Chief of Police or his or her designee finds that the hunting will be in compliance with the ordinance.

(e) Hunting shall only be by those persons listed on the City Permit.

(f) No person shall make any payment to any person for the right to hunt or be listed on the State License and City Permit.

(g) Persons shall at all times when hunting, pursuant to the City Permit, carry valid photo identification and a copy of the City Permit and the State License.

(h) No arrow or other object used to hunt deer pursuant to the City Permit may be discharged or projected at such an angle or distance as to land on public or private property not described in the Permit.

(i) Issuance of the City Permit may be limited to a time and area more restrictive than the State License allows.

(j) Any activity performed in conjunction with the issuance of the Permit, including but not limited to field dressing or other handling of carcass, must occur on the property specified in the City Permit.

(k) The transportation of a carcass along any public right-of-way, is prohibited, unless it is covered and transported in a motor vehicle.

(l) All hunting shall be conducted from an elevated tree stand that is fifteen (15) feet or more in height and faces the interior of the property identified by resolution for deer hunting and is approved by the Police Department. The tree stands and shooting lanes will be located in such a way as to direct arrows to the interior of the property and to prevent any arrow from landing closer than fifty (50) yards to any property line identified by resolution for deer hunting.

(m) No bow hunting will be allowed unless the Police Department establishes a marked zone that clearly defines where the bow hunting can occur including marking the tree stands and shooting lanes.

(n) No bow hunting will be allowed if any person that has been granted a State License and City Permit has consumed cereal malt beverages, alcoholic liquor or any controlled substances defined in Chapter 9.17 of the Olathe Municipal Code two hours prior to hunting or during hunting activities.

(o) All adjacent property owners must be notified in writing that hunting will occur.

(p) Bow hunting will be allowed one half hour before sunrise to one half hour after sunset.

(q) No City Permit will be issued to any person under the age of eighteen (18).

(r) No person shall leave the property identified by resolution for deer hunting to pursue any wounded deer.

(s) It shall be the responsibility of a bow hunter to inform the Police Department by telephone that a wounded deer has left the property identified by resolution for deer hunting and to inform the Police Department of the deer’s location.

(t) All wounded deer that exit the property identified by resolution for deer hunting shall be retrieved by the Olathe Police Department. Upon retrieval, the Police Department will allow the bow hunter to take possession of the deer as long as the deer was hunted in compliance with this Ordinance.

(u) The Olathe Police Department, the Olathe Park Ranger and the State Wildlife official shall have access to the property during all hunting hours.

(v) All property owners shall submit to the Olathe Police Department a written report within thirty (30) days of the completion of the permit period indicating the number of deer harvested, specifying the number of antlered and antlerless deer, the date the deer were harvested and the person that harvested the deer.

(w) At no time can a hunter remove more antlered deer than antlerless deer on the property identified by resolution for deer hunting in compliance with this ordinance.

(x) Whenever deer hunting will take place adjacent to public property, open space, trails or easements, or adjoining private property, the permittee shall post signs warning the public that deer hunting is taking place. Such signs shall be posted prior to hunting and shall be approved by the Police Chief.

(y) Permits to bow hunt in the City shall correspond to the archery and firearm season as determined by the Kansas Department of Wildlife and Parks.

(z) City permits are not transferable.

(aa) Failing to comply with the ordinance requirements may result in the denial of future permits.

(4) The Police Department may revoke the City Hunting Permit if a hunter violates any part of this ordinance. Upon revocation of the Permit, the permittee may appeal the decision to the City Manager.

(5) This ordinance shall supersede all other ordinances with which it may conflict.

(6) Violation of this Section is a Class C Public Offense. (Ord. 09-43 § 1, 2009; Ord. 05-52 § 1, 2005; Ord. 04-120 § 1, 2004; Ord. 04-57 § 1, 2004; Ord. 03-82 § 1, 2003; Ord. 02-103 § 1, 2002.)