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NewsOctober 17, 2020

The city of Cape Girardeau has an extensive charter governing the way it is to operate utilizing 13 articles -- one of which, Article VIII, added in 1993, covers occasional actions such as a voter initiative, a voter referendum and a voter recall. By a 53.7% to 46.3% tally, voters exercised the referendum option seven years ago to strike down a particular City Council ordinance passed by a 4-3 vote in July 2012...

Deer spotted along Old Sprigg Street Road in Cape Girardeau.
Deer spotted along Old Sprigg Street Road in Cape Girardeau.Southeast Missourian file

The city of Cape Girardeau has an extensive charter governing the way it is to operate utilizing 13 articles -- one of which, Article VIII, added in 1993, covers occasional actions such as a voter initiative, a voter referendum and a voter recall.

By a 53.7% to 46.3% tally, voters exercised the referendum option seven years ago to strike down a particular City Council ordinance passed by a 4-3 vote in July 2012.

The April 2013 plebiscite, the first-ever voter invalidation of a city ordinance, rolled back the council's 2012 decision to permit a controlled archery deer hunt within city limits.

No currently sitting city council members were serving at the time of the passage of the deer hunt vote nor for the referendum that followed.

Former Missouri Lt. Governor Peter Kinder, in an interview with the Southeast Missourian, recently said he planned to approach city council to reconsider the matter.

"The deer population (in Cape) has exploded," said Kinder, who left state government when his term as the state's no. 2 elected official expired in 2017.

City Attorney Eric Cunningham said the charter permits several possible actions in regard to a future urban deer hunt.

  • Council adoption

Cunningham said that while the City Charter does not permit the City Council unilaterally to place the matter before the voters, the Council could simply decide to adopt a new deer hunting ordinance.

  • Voter initiative

If the City Council does not enact a measure of its own, Article 8.01(a) would permit voters to propose a hunting ordinance to the council.

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If the council fails to authorize with an ordinance after a valid voter proposal is made, Cunningham said, voters could move that an initiative be put to a vote of residents, who "have the power to adopt it or reject it at a city election."

The charter goes into some detail about the precise mechanism needed for moving forward an initiative.

  • Voter referendum

Article 8.01(b), which was triggered in 2013, states "registered voters shall have the power to require reconsideration by the council of any adopted ordinance, and if the council fails to repeal the ordinance so reconsidered, then to approve it or reject it at a city election."

There are a lot of "ifs," but if voters bring forth a valid proposal and council enacts an urban deer hunt, Fox said he envisions a referral to staff and coordination with the Missouri Department of Conservation (MDC) for a study on deer density.

"Eight years later, we may well conclude the deer problem is worse," said Fox, who has previously indicated his opinion will be highly influenced by MDC wildlife management experts.

Previously, Fox reported his personal encounters with deer -- saying two struck his car on Brookwood Drive and a third on Bertling Street in 2019.

City Manager Scott Meyer said the city has looked at alternatives to a controlled deer hunt in city limits via archery, noting a deer "catching and relocation" program was considered and rejected as too costly.

Fox is in agreement with Meyer, who will leave his city manager role in 2021, exiting as the longest-serving person ever to serve in the role.

"It's not viable to sedate deer and move them elsewhere," said Fox.

"It's very, very expensive and (the city) doesn't have the money for that," he added.

Cape Girardeau City Council is scheduled to meet again Monday.

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