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
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SUSAN DA V/ , CITY CLERK Pi,,,'
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APPR')'ED AS TO FF'M
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ROBER' E. BAM:. I ' ORNEY