CHAPTER 9.28 - DISCHARGE OF FIREARMS#

Footnotes: --- (1) ---

Editor's note— Ord. No. 978B, § 5, adopted November 13, 2018, repealed the former Ch. 9.28, §§ 9.28.010—9.28.030, and § 6, enacted a new Ch. 9.28 as set out herein. The former Ch. 9.28 pertained to dangerous missiles and derived from Ord. 214B §§1—3, 1965.

9.28.010 - Firearms defined.#

For the purpose of this chapter, "firearms" includes any shotgun, rifle, pistol, revolver, pellet, BB or air gun, and any other weapon of similar use and design.

(Ord. No. 978B, § 6, 11-13-2018)

9.28.020 - Discharge within city unlawful.#

It is unlawful for any person to use, fire or discharge any firearm within the city except as provided in this chapter.§

(Ord. No. 978B, § 6, 11-13-2018)

9.28.030 - Exceptions.#

The prohibitions of this chapter do not apply when the use of a firearm is necessary for the protection of life or property, or to a peace officer acting in the performance of his or her duties.§

(Ord. No. 978B, § 6, 11-13-2018)

9.28.040 - Range permit.#

Within an area zoned as an agricultural overlay, the prohibitions of this chapter do not apply to the establishment or maintenance of any commercial pistol, rifle, or target range if established on or before December 31, 2017, nor to any private pistol, rifle or target range, nor to the discharge at any target thereon, by any person using such range. The chief of police may authorize a range permit provided he/she has ascertained the shooting activities thereunder will not be dangerous to persons or property. All range permits shall be subject to the following conditions, violation of which shall constitute a violation of this chapter:

1. Any range must be installed, constructed, safeguarded, equipped and used so as to adequately prevent any round of ammunition from being projected beyond the confines of such range or shooting gallery.

2. Any other conditions the chief of police may impose for the protection of lives and property.

3. Permit application contents and process.

   a. Application for a range permit shall be made to the community development department in writing by the owner of the land, or his or her authorized representative, and shall contain a map demarcating the location and area of the proposed range.

   b. If the chief of police deems the proposed range, including any additional requirements pursuant to subsection 9.28.040.B, to be consistent with this chapter, he or she shall approve the permit.

   c. Not less than 24 hours prior to engaging in any shooting activities pursuant to a range permit, the permittee shall notify the police department of the fact of said anticipated activities.

   d. A range permit shall be valid for two years, and may be renewed in additional two year increments if requested in writing to the chief of police not less than 30 days prior to the expiration of the permit. Upon a request for renewal, the chief of police shall review the nature and location of the range to confirm it remains consistent with the provisions of this chapter before issuing a renewal.

4. The chief of police may identify areas on a map in which a range permit is not allowed based upon the criteria in this chapter.

(Ord. No. 978B, § 6, 11-13-2018)

9.28.050 - Hunting permit.#

Within an area zoned as an agricultural overlay, hunting may be permitted on parcels or portions of a parcel of land for which a hunting permit is authorized by the chief of police (the "approved hunting area"). For purposes of this chapter, an "approved hunting area" is the area is which hunting is permitted or proposed, and may be the entire property or a portion of it. The chief of police may authorize a hunting permit provided he/she has ascertained that hunting within the approved hunting area will not be dangerous to persons or property. All hunting permits shall be subject to the following conditions, violation of which shall constitute a violation of this chapter:

1. Applications for a hunting permit shall be submitted to the community development department, and are deemed to constitute ministerial action by the city.

2. Applications shall be submitted by the owner or his or her authorized representative of the property on which the hunting activity is being requested to occur.

3. Hunting shall be limited to seasons as established by law and in compliance with all applicable laws and regulations.

4. A hunting permit may be issued for purposes of training hunting dogs using firearms, consistent with the law and the provisions of this chapter.

5. No firearms other than shotguns may be used in an approved hunting area, except as otherwise authorized under Section 9.28.060 or other section of this chapter.

6. Hunting permits shall not be issued if there are residential dwellings, other than the applicant's dwelling, within 1,000 feet of the proposed approved hunting area, or are anticipated to be constructed within 1,000 feet of the approved hunting area during the term of the permit.

7. Any other conditions the chief of police may impose for the protection of lives and property.

8. Permit application contents and process.

   a. Application for a hunting permit shall be made to the community development department in writing by the owner of the land, or his or her authorized representative, and shall contain a map demarcating the boundaries of the proposed approved hunting area, identifying the number of acres, the general nature of the hunting activity, and the maximum number of hunters requested to be permitted on the land at any given time for hunting purposes. Multiple parcels may be covered by one permit application.

   b. The proposed approved hunting area will be reviewed utilizing Geographic Information System Mapping (GIS) and any other relevant analytical system to provide the chief of police with as reasonably accurate a map as possible depicting the proposed approved hunting area for his or her review and consideration.

   c. If the chief of police deems the proposed approved hunting area, including any additional requirements pursuant to subsection 9.28.050.G, to be consistent with this chapter, he or she shall approve the permit.

   d. Not less than 24 hours prior to engaging in any hunting activities pursuant to a hunting permit, the permittee shall notify the police department of the fact of said anticipated activities. When there will be consecutive days of hunting, notification may be made for all days within 24 hours prior to the first day of hunting.

   e. Any person hunting on land for which a hunting permit has been issued pursuant to this chapter shall have the permit available during hunting activities and present the permit to the police department upon request.

   f. A hunting permit issued pursuant to this chapter shall be valid for one year, and may be renewed annually if requested in writing to the chief of police not less than 30 days prior to the expiration of the permit. Upon a request for renewal, the chief of police shall review the approved hunting area to confirm it remains consistent with the provisions of this chapter before issuing a renewal.

9. The chief of police may identify areas on a map in which a hunting permit is not allowed based upon the criteria in this chapter.

(Ord. No. 978B, § 6, 11-13-2018)

9.28.060 - Special agricultural shooting permit.#

Within an area zoned as an agricultural overlay, the chief of police may issue a special agricultural shooting permit to any property owner or tenant who is a farmer, rancher or orchardist solely for shooting on the owner's/tenant's property for the purposes of shooting predatory animals that pose a danger to farm animals; shooting birds or deer which are an immediate threat to growing crops or fruit; and for humanely euthanizing an injured farm animal. The chief of police may authorize a special agricultural shooting permit provided he/she has ascertained the shooting activities undertaken will not be dangerous to persons or property. All special agricultural shooting permits shall be subject to the following conditions, violation of which shall constitute a violation of this chapter:

1. Any permit authorized under this section shall be upon such conditions and limitations as the chief of police may impose for the protection of lives and property.

2. Shooting activities conducted pursuant to a special agricultural shooting permit shall not occur within 1,000 feet of residential dwellings, excluding the applicant's dwelling.§

3. Permit application contents and process.

   a. Application for a special agricultural shooting permit shall be made to the community development department in writing by the owner of the land, or his or her authorized representative, and shall contain a map demarcating the boundaries of the property within which the special agricultural shooting activities will occur. Multiple parcels may be covered by one application.

   b. If the chief of police deems the application, including any specially imposed requirements pursuant to subsection 9.28.060.A, to be consistent with this chapter, he or she shall approve the permit.

   c. To the best of permittee's ability, permittee shall notify the police department of any shooting activities not less than one hour prior to engaging in said activities.

   d. A special agricultural shooting permit shall be valid for two years, and may be renewed in additional two year increments if requested in writing to the chief of police not less than 30 days prior to the expiration of the permit. Upon a request for renewal, the chief of police shall review the nature and location of the activities to confirm they remain consistent with the provisions of this chapter before issuing a renewal.

4. The chief of police may identify areas on a map in which a special agricultural shooting permit is not allowed based upon the criteria in this chapter.

(Ord. No. 978B, § 6, 11-13-2018)

9.28.070 - Fees.#

The city council may set reasonable permit fees by resolution for permits under this chapter.

(Ord. No. 978B, § 6, 11-13-2018)

9.28.080 - Appeal.#

Any permit applicant dissatisfied with the decision of the chief of police relative to an application for a permit under this chapter may appeal the decision to the city manager by submitting a written administrative appeal within ten days of the date of the decision. The decision of the city manager may be appealed to the city council by submitting a written administrative appeal within ten days of the date of the decision. The decision of the city council is final.

(Ord. No. 978B, § 6, 11-13-2018)

9.28.090 - Penalty for violation.#

Any person who violates provisions of this chapter shall be guilty of a misdemeanor and this chapter may be enforced as an administrative penalty pursuant to the provisions of chapter 1.20.

(Ord. No. 978B, § 6, 11-13-2018)