HomeMy WebLinkAboutOrd 1998-07 ORDINANCE 98-07
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE,
CHAPTER 11,OFFENSES,ARTICLE 11-1, OFFENSES, SECTION 11-1-14,
DISCHARGE OF FIREARMS,TO BROADEN THE RANGE OF WEAPONS
THAT SHALL NOT BE DISCHARGED WITHIN THE TOWN.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code, Chapter 11, Offenses, Article 11-1, Offenses, Section 11-1-14,
Discharge of Firearms, is hereby amended to read as follows:
Section 11-1-14 Discharge of Firearms
Discharge of firearms within the town limits-is prohibited except on approved-shooting ranges.
A. EXCEPT AS PROVIDED IN SUBSECTION"C" BELOW, NO PERSON SHALL FIRE,
DISCHARGE OR SHOOT ANY WEAPON WITHIN THE CORPORATE LIMITS OF
THE TOWN.
B. FOR THE PURPOSES OF THIS SECTION ONLY, "WEAPON" SHALL MEAN ANY
FIREARM OR BOW AND ARROW, INCLUDING BUT NOT LIMITED TO, A PISTOL,
REVOLVER, RIFLE, SHOTGUN, AIR GUN, BB GUN, PELLET GUN, DART GUN,
GAS OPERATED GUN, CROSSBOW OR OTHER SIMILAR GUN OR INSTRUMENT.
C. THE PROVISIONS OF SUBSECTIONS"A"AND`B"ABOVE SHALL NOT APPLY TO
THE USE OF ANY GUN OR INSTRUMENT BY:
1. A LAW ENFORCEMENT OFFICER OR OTHER DULY AUTHORIZED PUBLIC
OFFICIAL IN PERFORMANCE OF AN OFFICIAL LAW ENFORCEMENT
DUTY.
2. ANY PERSON AT A PROPERLY LICENSED AND SUPERVISED SHOOTING
RANGE.
3. ANY PERSON WHEN SUCH WEAPON IS USED ONLY FOR THE
NECESSARY PROTECTION OF PROPERTY, HABITATION OR PERSON IN
A MANNER AUTHORIZED BY THE LAWS OF THE STATE OF ARIZONA.
D. FOR THE PURPOSES OF THIS SECTION ONLY, "PROPERLY LICENSED AND
SUPERVISED SHOOTING RANGE" MEANS A SHOOTING RANGE OPERATED BY
A CLUB AFFILIATED WITH THE NATIONAL RIFLE ASSOCIATION OF AMERICA,
THE AMATEUR TRAPSHOOTING ASSOCIATION, THE NATIONAL SKEET
Ordinance 98-07 I'AS FAIL Q. —19 -1 8
MOTION i ,-N
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COUNT
ASSOCIATION OR ANY OTHER NATIONALLY RECOGNIZED BOW AND ARROW
kir OR FIREARM SHOOTING ORGANIZATION, ANY AGENCY OF THE FEDERAL
GOVERNMENT, THE STATE OF ARIZONA, MARICOPA COUNTY, THE TOWN OF
FOUNTAIN HILLS OR ANY PUBLIC OR PRIVATE SCHOOL.
E. ANY PERSON WHO VIOLATES, DISOBEYS, OMITS, NEGLECTS OR REFUSES TO
COMPLY WITH, OR WHO RESISTS THE ENFORCEMENT OF ANY OF THE
PROVISIONS OF THIS ARTICLE SHALL, UPON CONVICTION THEREOF, BE
GUILTY OF A CLASS 1 MISDEMEANOR.
F. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO INFRINGE UPON A
CITIZEN'S RIGHT TO BEAR ARMS AS GUARANTEED BY THE UNITED STATES
CONSTITUTION.
Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not effect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain
Hills, Arizona this 19th day of February, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
6A(1' "16LAAA
Jerold L .les, ayor Cassie B. Hansen, Town Clerk
REVIE D BY:IAPPROVED AS TO FORM:
Pi":,,,eit.,./).X:.._,
/haul . rdin, Town Manager William E. Farrell, Town Attorney
Ordinance 98-07
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