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ORDINANCE # q 6 0 AN ORDINANCE AMENDING ORDINANCE #929 TO INCLUDE AS EXCEPTIONS TO THE PROHIBITION AGAINST THE DISCHARGE OF FIREARMS, THE FIRING OR DISCHARGE OF FIREARMS BY LAW ENFORCEMENT OFFICERS AND THE FIRING OR DISCHARGE OF FIREARMS BY PERSONS UPON APPROVED FIRING RANGES: DEFINING APPROVED FIRING RANGES; DEC NG- 3 A'fE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1: Ordinance #929 is hereby amended to provide as exceptions to the prohibition against discharging or firing of firearms within the city limits the following: (a) It shall not be unlawful for any duly elected or appointed law enforcement officer or person employed as a law enforcement officer to fire or discharge a firearm within the city limits when done in the line of duty and said firing or discharge is necessary and reasonable under the circumstances, and such discharge of a firearm is not otherwise prohibited by any state or federal law; the reasonableness of such action shall be determined by state or federal law where applicable. (b) It shall not be unlawful for a person to fire or discharge a firearm in the city limits when upon an approved firing range; an approved firing range shall meet the following requirements: (1) Each person or corporation desiring to open a firing range shall make written application to the city clerk and the city clerk upon receipt of a Ten Dollar ($10.00) application fee shall submit a copy of the application to the Chief of Police and Chief of the Fire Department for a physical inspection of facility. (2) All firing ranges must be in a location approved by the Batesville Planning Commission according to the standards set out in the Batesville Zonig Ordinance, a written copy of the Planning Corrmdssion's approval of location must be submitted to the City Clerk with each application . (3) The City of Batesville does not approve ranges in the sense that it guarantees the safety of the range; the city's approval is intended to set minimum guide- lines only for purposes of sound control, location and safety of persons outside of the range; the city assumes no liability to any person for accidents or intentional misconduct on the range owner or participants; the range owner and/or operator is responsible for the safe operation and design of the range and he shall obtain and maintain liability insurance in an amount sufficient to cover damage or injury to persons or their property resulting from the operation of the firing range. (4) The firing range must be located in a building with walls at least eight (8) inches think, and made of solid concrete, solid masonry units or other material capable of preventing any bullet or part of any bullet fired within the range from escaping the confines of the range. (5) All doors and windows downrange must be shut and covered with bullet proof material when the range is in E use. (6) The walls, floors and ceiling must be bullet proof. (7) An air exhaust system must be supplied and said system shall be bdlt to prevent toxic lead and other contaminants generated by firing from settling on or being inhaled by the shooter or any other occupant of the range; furthermore, the exhaust system shall not cause unsafe deposits of lead or other contaminants to settle upon persons or property surrounding the range. (8) The firing range must be equipped with a suitable backstop and bullet trap; the thickness, design and material used in the backstop and the depth of the trap must be adequate to safely withstand and contain the velocity and energy of the ammunition in use. (9) Any service equipment that is exposed downrange of the firing line must be protected. This includes electrical wiring, lighting, heating and ventilation ducts and exhaust fans.