HomeMy WebLinkAbout960ORDINANCE # 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.
... W
(10) Noise Reduction: (a) Persons using the range must
be provided adequate ear protection to prevent hearing
damage.
(b) In order to prevent sound disturbances outside
the firing range the range must be equiped with effective
sound absorbent materials, all air leaks from the range
must be closed and when possible, the air intake and
exhaust system must be designed by use of muffling
chambers; the noise resulting from the range cannot
exceed that of other uses in the same area and must be
compatible with other uses in the zoning area.
(11) All carpeting, insulation and materials capable of
absorbing lead particles and unburned gun powder and all
surfaces upon which these substances settle must be cleaned
regularly to prevent fire and health hazards.
(12) The firing range must comply with all state and
federal laws and regulations including those of the
Environmental Protection Agency, Occupational Safety and
Health Act (OSHA), General Services Administration and
National Institute of Occupational Health (NIOSH). If
the lags and regulations named above differ or conflict
with this ordinance and if those standards or regulations
are more strict then they shall apply.
(13) The range must be supervised at all times when in use;
beginning shooters must receive adequate safety instructions
prior to actual use of the range.
(14) Prior to actual use of range it must be inspected and
approved in writing by the Chief of Police and the Fire Chief
and they shall determine if all the requirements of this
ordinance, state and federal laws are complied with.
Section 2: Any ordinance or part of any ordinance in conflict with the provisions
herein are hereby repealed.
Sect _.;-..__'fie City Council of the .City of -Hates 31e,_Arkansas finds that an
b--0� nance - #929- is - netAessary;.., t
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Adopted this day of Mal .j , 1981.
APAP VED :
P HIRRELL, MAYOR
ATTEST:
LARRY WILL AMS, CITY CLERK