Township of Pemberton, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Pemberton: Art. I, 7-7-1978 as Ord. No. 15-1978; Art. II, 3-5-1975 as Section 19:2 of Ch. XIX of the General Ordinances. Section 104-15 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 7-7-1978 as Ord. No. 15-1978]

§ 104-1 Definitions.

For purposes of this Article, the following words and terms shall include the meanings given herein:
FIREARMS
Any gun, shotgun, rifle, pistol, revolver or other device from which a bullet, shot, ball, slug, pellet, solid projectile or other missile, or any gas, vapor or other noxious thing, is propelled by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.
RANGE
Any place designed, used or intended to be used for the discharge of a shotgun at a mark or target.
[Added 12-16-1983 by Ord. No. 23-1983]
SHOTGUN
A gun having a smooth bore and used for firing shot instead of a solid single ball.
[Added 12-16-1983 by Ord. No. 23-1983]
STRUCTURE
Anything constructed, assembled or erected on, above or under the ground, except a fence.
WEAPONS
Any firearm, air rifle, bow of 35 pounds' or more pull, slingshot, spring gun or similar device or instrument in the nature of a weapon in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor or compressed air, or which is discharged by compressed air, and ejecting a bullet or missile with sufficient force to injure a person.

§ 104-2 Prohibited uses.

No person shall at any time use, discharge or fire any firearm or weapon or carry, transport or possess any loaded firearm or weapon within 450 feet of a structure.

§ 104-3 Exceptions.

Nothing contained in this Article shall be interpreted to prohibit the use, discharge or possession of firearms or weapons by:
A. 
Public officers or other persons enumerated in N.J.S.A. 2A:151-43, as amended.[1]
[1]
Editor's Note: Currently, see N.J.S.A. 2C:39-6.
B. 
Persons lawfully using firearms and weapons in the defense or protection of person or property.
C. 
Persons keeping or carrying any firearms or weapons about their residence or business or to or from any place of purchase or repair of firearms and weapons; provided, however, they fully comply with Chapter 151, Weapons and Explosives, of Title 2A of the Revised Statutes, as amended.[2]
[2]
Editor's Note: Currently, see N.J.S.A. 2C:39-1 et seq.
D. 
Hunters lawfully complying with the requirements and provisions of Title 23 of the Revised Statutes, as amended,[3] or any rules and regulations promulgated thereunder.
[3]
Editor's Note: See N.J.S.A. 23:1-1 et seq.
E. 
Persons transporting any firearm or weapon while traveling directly to or from any proper place for practice, match, target, trap or skeet shooting or shooting exhibitions; provided, however, that during the course of traveling for the purposes set forth in this subsection, the firearm or weapon is unloaded and contained in a closed and fastened case, gunbox, securely tied package or locked in the trunk of the automobile in which the person is transporting the firearm or weapon, and provided further that the course of travel to or from such places may include such deviations as may be reasonable or necessary under the circumstances.

§ 104-4 Inapplicability on land of United States.

This Article shall have no force or effect within the boundaries of the lands owned by the United States of America in the Township of Pemberton.

§ 104-5 Turkey shoots permitted.

[Added 12-16-1983 by Ord. No. 23-1983; amended 8-3-1995 by Ord. No. 22-1995]
There is hereby excluded from the effect of this Article the operation of what is commonly called a "turkey shoot," provided that said operation is duly licensed in accordance with the provisions of this section.
A. 
Application for turkey shoot permit. Applications for the permit required for a turkey shoot shall be filed with the Township Clerk upon forms to be furnished by said Clerk. Said applications shall be signed by the applicant, if an individual, and by duly authorized agent, if a partnership or corporation. Said application shall set forth the following information:
(1) 
Record owner. The name and address of the record owner of the real estate upon which the turkey shoot is to be operated.
(2) 
Responsible party. The name and address of the organization responsible for the operation and maintenance of the said turkey shoot, along with the name and address of the corporate officer in charge of said activity.
(3) 
Description of turkey shoot. A description by way of map or sketch of the turkey shoot, including the lot and block number as shown on the Tax Assessment Map upon which the turkey shoot is located and the location upon said lot of the turkey shoot, stating the distance and feet between the firing points and the furthest targets, between the targets and the nearest property line and between the firing points on the nearest property line and direction of firing. Said sketch or description shall also show all houses, barns or other buildings and all streets or highways within 2,000 feet and in the direction of fire of any part of said range and 1,000 feet on either side of the direction of fire.
(4) 
Proof that the applicant is a nonprofit organization within the meaning and intendment of N.J.S.A. 15A:1-1 et seq. and 16:1-1 et seq.
B. 
Referral to the Chief of Police. The Township Clerk shall refer each application for a permit hereunder to the Chief of Police, who shall forthwith make or cause to be made an investigation of the character of the applicant and of the fitness and suitability of the turkey shoot operation from the standpoint of public safety and compliance with the regulations therefore hereinafter set forth.
C. 
Police Chief's recommendation. After completing such an investigation, the Chief of Police shall return said application with his recommendation endorsed thereon to the Township Clerk and shall state his recommendation of approval or reasons for disapproval of the same. The Chief may make suggestions for additional safety precautions to be taken by the applicant.
D. 
Referral to the Township Council. The application, along with the comments and recommendations of the Chief of Police as described above, shall be submitted by the Township Clerk to the Township Council for its action. The Township Council may thereupon consider and, if it deems appropriate, authorize the issuance of the permit or may conduct such further investigation of the facts set forth in the application as it shall deem necessary before granting said permit.
E. 
Issuance of the permit. Upon adoption of the resolution of approval described above, the Township Clerk shall issue the permit upon the payment of a fee of $25 by the applicant for the turkey shoot operation to be licensed. All such permits shall be valid for the calendar year in which issued and shall be renewed annually by the Township Council on a calendar-year basis by following the procedures described above. The permit shall be conspicuously exhibited upon the premises licensed hereunder.
F. 
Hours of operation. The permit issued herein shall be operable only on Sunday between the hours of 12:00 noon and 5:00 p.m.

§ 104-6 Permit required for range.

[Added 12-16-1983 by Ord. No. 23-1983]
It shall be unlawful for any person to open, operate or maintain, or cause to be opened, operated or maintained, any range, as herein defined, within the limits of the Township of Pemberton, without first having obtained a permit to do so and without first complying with the standards and regulations herein stated.

§ 104-7 Application for range permit.

[Added 12-16-1983 by Ord. No. 23-1983]
Applications for the permit required by this Article shall be filed with the Township Clerk upon forms to be furnished by said Clerk. Said application shall be signed by the applicant, partnership or corporation. Said application shall set forth the following information:
A. 
Record owner. The name and address of the record owner of the real estate upon which such range is located.
B. 
Responsible party. The name and address of the person in charge of and responsible for the maintenance of the said range.
C. 
Distribution of range. A description by way of map or sketch of the range, including the lot and block numbers as shown on the Tax Assessment Map upon which the range is located and the location upon said lot of the range, stating the distance in feet between the firing points and the furthest targets, between the targets and the nearest property line and between the firing points and the nearest property line and direction of firing.

§ 104-8 Investigation of applicant.

[Added 12-16-1983 by Ord. No. 23-1983]
The Township Clerk shall refer each application for permit hereunder to the Chief of Police, who shall forthwith make or cause to be made an investigation of the character of the applicant and of the fitness and suitability of the range from the standpoint of public safety and compliance with the regulations therefor hereinafter set forth.

§ 104-9 Report of investigation; recommendation.

[Added 12-16-1983 by Ord. No. 23-1983]
After completing such investigation, the Chief of Police shall return said application, with his recommendation endorsed thereon, to the Township Clerk; on said application and in his report he shall indicate his recommendation of approval or disapproval of the range; he may make suggestions for additional safety precautions to be taken by the applicant.

§ 104-10 Submission of application to Township Committee.

[Added 12-16-1983 by Ord. No. 23-1983]
Said application, with the recommendation of the Chief of Police endorsed thereon, shall be submitted by the Township Clerk to the Township Committee for its action.

§ 104-11 Issuance of permit.

[Added 12-16-1983 by Ord. No. 23-1983]
Upon receipt of the application from the Chief of Police and the resolution of the Township Committee authorizing the issuance of the permit, the Township Clerk shall issue said permit for the range to be licensed. All such permits shall be for the period of one year and shall expire on the 31st day of December next following the date of issuance. The permit shall be conspicuously exhibited upon the premises licensed thereunder.

§ 104-12 Hours of operation of range.

[Added 12-16-1983 by Ord. No. 23-1983]
The permit issued herein shall be operable only on Sunday between the hours of 12:00 noon and 5:00 p.m.
[Adopted 3-5-1975 as Section 19:2 of Ch. XIX of the General Ordinances]

§ 104-13 Definitions.

For the purpose of this Article, the following definitions are hereby established:
FIREARM
Any pistol, revolver, rifle, shotgun or other weapon that expels a charge by the combustion of powder or other explosive.
TARGET RANGE
Any place designed, used or intended to be used for the discharge of any firearms at a mark or target.

§ 104-14 Permit required.

It shall be unlawful for any person to open, operate or maintain, or cause to be opened, operated or maintained, any rifle range, as herein defined, within the limits of the Township of Pemberton, without first having obtained a permit to do so and without first complying with the standards and regulations herein stated.

§ 104-15 Enforcement officials. [1]

The enforcement officials designated to enforce the provisions of this Article shall be the Police Department or the Township Administrator of the Township of Pemberton.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 104-16 Application for permit.

Applications for the permit required by this Article shall be filed with the Township Clerk upon forms to be furnished by said Clerk. Said application shall be signed by the applicant, if an individual, and by a duly authorized agent, if a partnership or corporation. Said application shall set forth the following information:
A. 
Record owner. The name and address of the record owner of the real estate upon which such range is located.
B. 
Responsible party. The name and address of the person in charge of and responsible for the maintenance of the said range.
C. 
Distribution of range. A description by way of map or sketch of the range, including the lot and block numbers as shown on the Tax Assessment Map upon which the range is located and the location upon said lot of the range, stating the distance in feet between the firing points and the furthest targets, between the targets and the nearest property line and between the firing points and the nearest property line and direction of firing, and a full and complete description of the plan for construction of the place for stopping and controlling bullets. Said sketch or description shall also show all houses, barns or other buildings and all streets or highways within 2,000 feet and in the direction of fire of any part of said range and 1,000 feet on either side of the direction of fire.

§ 104-17 Investigation.

A. 
Referral to Chief of Police. The Township Clerk shall refer each application for permit hereunder to the Chief of Police, who shall forthwith make or cause to be made an investigation of the character of the applicant and of the fitness and suitability of the range from the standpoint of public safety and compliance with the regulations therefor hereinafter set forth.
B. 
Police Chiefs recommendation. After completing such investigation, the Chief of Police shall return said application, with his recommendation endorsed thereon, to the Township Clerk; on said application and in his report he shall indicate his recommendation of approval or disapproval of the range; he may make suggestions for additional safety precautions to be taken by the applicant. In the event of disapproval, the reasons for the same shall be set forth by the Chief of Police in writing and the application, with the reasons for disapproval, shall be returned to the applicant.
C. 
Referral to Township Committee. In the event of approval, said application, with the approval of the Chief of Police endorsed thereon, shall be submitted by the Township Clerk to the Township Committee for its action. The Township Committee may thereupon authorize the issuance of the permit or may conduct such further investigation of the facts set forth in the application as it shall deem necessary before granting said permit.

§ 104-18 Issuance of permit.

Upon receipt of the application from the Chief of Police with his endorsement thereon approving the same and the resolution of the Township Committee authorizing the issuance of the permit, the Township Clerk shall issue the permit upon the payment of a fee of $25 by the applicant for the range to be licensed. All such permits shall be for the period of one year and shall expire on the 31st day of December next following the date of issuance, and there shall be no rebate for any lesser time. The permit shall be conspicuously exhibited upon the premises licensed thereunder.

§ 104-19 Construction specifications; revocation of permit.

A. 
No permit shall be issued unless the following specifications have been met with respect to construction:
(1) 
Barricade required. At a distance of not more than six feet behind each target shall be maintained a barricade not less than six feet square and not less than 12 inches thick, consisting of sandbags or other material of equal density.
(2) 
Operational requirements. No permit shall be issued for any rifle range unless, in addition to any other requirements and specifications provided in this Article, such range is so constructed and maintained as to prevent any shot, bullet or missile from going beyond the property line on which said range is located. The applicant shall provide proper bullet stops, which may be natural slopes or of such artificial construction as to ensure that no shot, bullet or missile will go beyond such stops; no bullet stops shall consist of brick, stone or concrete walls; proper stops and wings shall be provided so as to prevent the ricochet of bullets, shot or missile. Applicants shall comply with the specifications of the National Rifle Association of America, or equivalent, in the construction of bullet stops and ranges, and adopt its recommendations for safety. The applicant shall also provide and maintain adequate fences surrounding the area designated as the rifle range. Regularly spaced signs shall be posted which will indicate that the area enclosed is a rifle range and that no trespassing is permitted.
B. 
Revocation; weapon qualifications. The failure of the applicant to maintain such bullet stops or to take the above precautions shall subject the applicant to a revocation of the range permit after due hearing, on notice, has been held. Each target or rifle range shall be under the supervision of qualified persons. The Chief of Police is authorized to qualify the type of rifle or weapon to be used on a range, his qualifications to be based on the proper bullet stops and wings installed, and the safety precautions to be provided and taken.
C. 
Inspection; violation; revocation. The Chief of Police is empowered to make regular inspections at least at three-month intervals in order to carry out the provisions of this Article. Where in his opinion a range is being conducted contrary to the provisions of this Article, is not under qualified supervision and is not conducted in accordance with the rules and regulations hereof, and such a violation constitutes a danger to the safety of the public and adjacent property owners, he shall have the right to direct the discontinuance temporarily of the use of said range, in which case he shall submit his report in writing to the Township Committee for appropriate action under this Article. The Township Committee, after hearing on due notice to the applicant, may revoke or suspend the permit granted for failure to comply with the terms of this Article or any of the rules or regulations pertaining to the use of the rifle range.

§ 104-20 Exceptions.

The provisions of this Article shall not apply to the members of the Police Department of the Township of Pemberton, the members of any municipal, County or State of New Jersey Police Department, detectives of the office of the Prosecutor of Burlington County, Conservation Officers of the State of New Jersey or any other person authorized by the statutes of New Jersey to carry firearms, when said firearms shall be used in the performance of their duties. Any ranges set up by them in the Township of Pemberton shall comply with the safety regulations as provided for in this Article.