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1478 ORDINANCE NO. 1478 (#9 - 2013) AN ORDINANCE AMENDING JMC§$' 9.12. and 18.44.020 REGARDING DEVELOPMENT, OPERATION, USE OF, AND ZONING FOR SHOOTING RANGE FACILITY(IES) WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. WHEREAS, in the development of, construction, and operation of a Shooting Range within the City of Jacksonville, doing so will require additional Code provisions to modify existing ordinance provisions and insure compliance with state and federal laws and regulations in the development, construction, operation, and use of a Shooting Range within the City of Jacksonville; and, WHEREAS,to properly provide appropriate regulations and address needed additional provisions, the City Council has determined that the following provisions are required to enhance the opportunity presented to the City of Jacksonville through development and operation of the BE IT ORDAINED A ND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT; SECTION ONE: JMC§ 9.12.010(DISCHARGE OF FIREARMS)shall be amended and modified to include the following: JMC§9.12.010 Discharge of Firearms Prohibited. No person shall fire or discharge any cannon, gun, fowling piece, pistol, or firearm(s) of any description or fire, set off, or explode any squids, firecrackers, torpedoes, bombs, Roman candles, or other such item(s) containing powder, combustible, and/or explosive material(s) within the corporate limits of the City. It is unlawful for any person to discharge any air rifle, BB gun, pellet gun, rifle, or any type of rifles or pistols using CO2 pellets or compressed air as a propellant within the City limits. SECTION TWO: JMC§9.12.020 (EXCEPTIONS)shall be created shall read as follows: JMC§9.12.020 Exceptions. A. It shall not be unlawful for any duly elected or appointed law enforcement officer(s) employed as such 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 weapon discharge shall be determined by state or federal law where applicable. As well, discharge(s) of various law enforcement service weapon(s) during a training and/or weapons qualification session(s) shall not be declared unlawful when conducted upon an appropriate and qualified training facility(ies); Ordinance No. 1478(#9-2013) Page Two B. It shall not be unlawful for a person to discharge a firearm in defense of life or property; and, C. It shall not be unlawful for a person to fire or discharge a firearm in the city limits when upon an approved Firing/Shooting Range(s). 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 Fire Marshal for a physical inspection of facility; 2. All Firing/Shooting Ranges must be in a location approved by the Jacksonville Planning Commission according to the standards set out in the Jacksonville Municipal Code. The Planning Commission's approval of any such location(s) must be duly noted in the City's official records maintained by the City Clerk's office; 3. The City of Jacksonville does not approve Firing/Shooting Ranges in the sense that it guarantees safety of any such range. The City's approval is intended to set minimum guidelines only for purpose of sound control, location,and safety of those persons outside of the Range Facility(ies). The City assumes no liability to any person for any accident(s) or intentional misconduct of activity(ies) on such facility(es) and/or participant(s), and any private facility(ies) owner and/or operator is responsible for the safe operation and design of any such facility(ies). If privately owned, any such facility(ies) 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 said facility(ies); 4. Any such indoor Firing Facility(ies) must be located in a building with walls at least Eight(8) inches thick, and made of solid concrete, solid masonry units or other material capable of preventing any bullet or part of any bullet fired within the Facility from escaping the confines of the Facility; 5. All doors and windows downrange must be shut and covered with bullet proof material when any such indoor Range is in use; 6. Wall(s), floor(s), and ceiling(s) of an indoor Firing Facility must be bullet proof; 7. Air exhaust system(s) for any indoor Range Facility(ies) must be supplied and said system(s) shall be built to prevent toxic lead and other contaminants generated by firing from settling on or being inhaled by a shooter(s) or any other occupant(s) of the Facility. Furthermore, such an exhaust system(s) shall not cause unsafe deposits of lead or other contaminants to settle upon person(s) or property(ies) surrounding the Facility(ies); 8. An indoor Firing Facility(ies) 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 ammunition in use in the Facility(ies); Ordinance No. 1478(#9-2013) Page Three 9. Any service equipment exposed downrange of firing lines in an indoor Range Facility must be protected, which includes electrical wiring, lighting, heating and ventilation ducts, and exhaust fans; 10. 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; 11. Any outdoor Shooting Range facility(ies) must be located in the appropriate zoning classification, satisfy sufficient acreage minimum requirements so as to adequately provide for environmental concerns,topography, safety/shot fall range/zone, and contain design and use features supported and in compliance with recommended minimum site criteria of the National Rifle Association (NRA), the National Shooting Sports Foundation (NSSF), and the American Trap Association (ATA); 12. As to noise control and reduction provisions, the following apply: a. Persons using any such Firing/Shooting Range Facility(ies) must use adequate ear protection to prevent hearing damage; and, b. In order to prevent sound disturbances outside a Firing Range facility, any indoor Range must be equipped 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 should not exceed that of other authorized uses in the same area and should be compatible with other uses for the zoning area; and, c. If an outdoor Shooting Range facility(ies),the facility(ies) must be designed and located on sufficient acreage and placement so as to comply with applicable noise control ordinance provisions in effect at the time the facility(ies) is/are constructed and begin operation; 13. Any such Firing/Shooting range(s) must comply with all local, state, and federal laws and regulations, including those of the Environmental Protection Agency, Occupational Safety and Health Act (OSHA), General Services Administration (GSA), and the National Institute of Occupational Health (NIOSH). If the laws and regulations named above differ or conflict with this Ordinance and/or any other municipal standards, and if those standards or regulations are more strict, then the stricter standard/regulation(s) apply; 14. Any such Firing/Shooting Range(s) must be supervised at all times when operational and in use, and any beginning participant(s) must receive adequate safety instructions prior to actual use of the Range(s) facilities; and, 15. Prior to actual use of any such Range(s), it must be inspected and approved in writing by the Chief of Police and the Fire Marshal, who shall determine if all of the requirements of this Ordinance and applicable state and federal laws are satisfied prior to the operation of any such Range(s). Ordinance No. 1478(#9-2013) Page Four SECTION THREE: JMC § 9.12.030 (OVERNIGHT ACCOMMODATIONS) shall be created and include the following: JMC§9.12.030 Overnight Accommodations Should any such Range Facility(ies) provide for space(s) and proper services to accommodate overnight guest(s), such space(s) and services shall meet all applicable local, state, and federal regulations for equipment,facilities, and space(s) required to accommodate overnight guest(s). Proper electrical, plumbing, sanitary, surface, and waste equipment and facilities will be present and available for use by registered guest(s) during sanctioned events only, and all such use and operation of such facility(ies) shall be administered by and through the Jacksonville Parks & Recreation Department. The Jacksonville Parks & Recreation Commission are hereby authorized to prescribe, enact, and enforce all necessary rules and regulations required to properly oversee such facility(ies). SECTION FOUR: JMC§9.12.050 (PENALTIES)shall be created and include the following: JMC§9.12.050 Penalties Any person(s) violating terms of this Ordinance shall, upon conviction thereof, be adjudged guilty of a violation and fined in a sum ranging from Fifty Dollars ($50.00) not to exceed Five Hundred Dollars ($500.00) for each offense, together with applicable court costs. Each discharge of a weapon is considered a separate offense punishable as stated herein. SECTION FIVE: JMC § 18.44.020 (Permitted Uses — C-2) shall be amended to include the following: Private or Public Facilities for Firing/Shooting Range(s) SECTION SIX: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION SEVEN: This Ordinance shall take effect immediately upon its passage and publication, as provided by and subject to the requirements of applicable law. Ordinance No. 1478(#9-2013) Page Five APPROVED AND ADOPTED THIS Zr' DAY OF FEBRUARY, 2013. CITY OF JACKSONVILLE, ARKANSAS 01.r 1.1 GARY FL=CH'R, MAYOR r ATTEST: 41.1. ' 11101111 - SUSAN DA V/ , CITY CLERK Pi,,,' z4, rte, 1 WI 41 ' �1 a APPR')'ED AS TO FF'M i(t( ,.&.. .„q„, 1 ROBER' E. BAM:. I ' ORNEY