[HISTORY: Adopted by the Board of Supervisors of Lower Frederick
Township 2-7-2006 by Ord. No. 06-03. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Township Manager for Lower Frederick, or his or her successor.
The Township Manager may delegate his or her duties under this chapter to
another official of the Township.
The operating license applicant and any of its officers, directors,
partners, or owners.
The Lower Frederick Police Department and Lower Frederick Fire Department
or delegate agencies as named by the Chief of Police or Fire Chief, respectively.
Any individual or group of firing positions for a specific shooting
type.
A person or persons trained and appointed by the operators of a shooting
sports facility to oversee the safe discharge of shotguns, rifles, or handguns
in accordance with the safety specifications of this chapter and any additional
safety specifications that may be adopted by the operators of the shooting
sports facility.
An indoor or outdoor facility designed and specifically delineated
for safe shooting practice with firearms, whether open to the public, open
only to private membership, open to organizational training such as law enforcement,
or any combination of the above. Archery ranges are specifically excluded
from this definition. The term "shooting sports facility" also does not include
any portion of a private residence or private residential lot that is used
by the residents thereof for shooting practice.
A weapon used in the propulsion of shot, shell, bullet or any other
object by the action of gunpowder or other explosive powder, excluding compressed
gas or air.
A.
The operators of all existing shooting sports facilities
shall apply for an operating license no later than three months from the effective
date of this chapter.
B.
The operator of each new shooting sports facility shall
apply for an operating license at the time of application for building permits
or land use permits necessary for the new facility. The application shall
be made on a form prescribed by the Administrator and shall include all of
the following information:
(1)
The name, address, and telephone number of the person
completing the application;
(2)
The name, address, and telephone number of the facility;
(3)
The names, addresses, and telephone numbers of all owners
of the facility. If the owner is a partnership, the names, addresses and telephone
numbers of all partners. If the owner is a corporation, the names, addresses
and telephone numbers of all corporate officers;
(4)
The name, address, and telephone number of a designated
contact person to whom all licensing correspondence, including any notices
and complaints provided for in this chapter, shall be sent. It is the responsibility
of the shooting sports facility to keep this contact information updated in
writing throughout the duration of any license and the owners and operators
agree, by submitting an application and obtaining a license, that notice to
the contact person at the last address provided to the Administrator in writing
is proper notice to the owners and operators of the facility;
(5)
The shooting types allowed or proposed to be allowed
at the facility;
(6)
The names, addresses, and telephone numbers of all persons proposed to serve as designated range masters in compliance with § 125-7G;
(7)
The days of the week and the hours of operation that
the facility is or is proposed to be open;
(8)
Whether use of the facility will be open to the public,
open only to private membership, open to organizational training such as law
enforcement, or any combination of the above;
(9)
The site plan required by § 125-7C showing the location of all buildings, parking areas, and access points; safety features of the facility; elevations of any outdoor range showing target areas, backdrops or butts; and the approximate location of buildings on adjacent properties;
(12)
Any other information reasonably required by the Administrator
in order to determine whether the facility complies with the provisions of
this chapter and may be issued a license. The applicant shall also pay the
nonrefundable application fee and license fee established by this chapter
at the time of application.
C.
Every application for a shooting sports facility operating
license shall be accompanied by a notarized certification by the shooting
sports facility operator that the facility complies with this chapter, meets
shooting facility safety and design practices as outlined in the National
Rifle Association Range Source Book and as required by this chapter, and will
be operated in a manner that protects the safety of the general public.
D.
Upon receipt of an application for a shooting sports
facility operating license, the Administrator will make a determination as
to whether or not such application is complete. If the application is not
complete, the applicant shall be so notified and the application shall not
be processed further until such time as the applicant completes it. When the
application is complete, the Administrator will forward copies of the same
to the Public Safety Authority, the Township Planning and Community Development
Department, and any other Township department or Township personnel deemed
appropriate by the Administrator in order to determine whether the shooting
sports facility meets the requirements of this chapter and any other applicable
Township ordinance or regulation. Each consulted department or staff member
shall review the application for compliance with regulations administered
by that department or staff member and shall forward a report to the Administrator
containing the results of that review.
E.
By applying for and as a condition of issuance of a shooting
sports facility operating license, the shooting sports facility operator agrees
to permit representatives of the Public Safety Committee and any other appropriate
Township personnel to enter the facility at all reasonable times in order
to perform site inspections in regard to licensure, complaints, incidents,
or any public safety concerns. Prior notification of such inspections will
be to the operator when reasonably possible.
F.
The Administrator shall issue a shooting sports facility
operating license upon determining that the facility meets the requirements
of this chapter and other applicable Township ordinances and regulations.
The Administrator shall make that determination after receiving the reports
of the Public Safety Committee and other consulted Township departments and
Township personnel and only if the Public Safety Committee and such consulted
departments and personnel determine that the application and the facility
are in full compliance with this chapter and any other applicable Township
ordinances or regulations. The license shall ordinarily be issued within 90
days of the filing of a complete application. Failure to issue the license
within the ninety-day period shall not mean that the license is approved.
In the event that the Administrator is unable to issue the license within
the ninety-day time period, the Administrator shall provide a report to the
Township Council stating the reasons why the license will not or has not been
issued within the prescribed time. The report shall also provide an estimate
of time for completion of the licensing process.
G.
The shooting sports facility operating license issued
under this chapter shall authorize only those shooting types that have been
specifically applied for and that are identified in the license. The addition
of new shooting types or the addition of a new range or ranges for existing
shooting types at a shooting sports facility shall require amendment of the
existing license before any such new shooting type is allowed. The list of
designated range masters may be changed at any time without requiring a license
amendment. Whenever a change is made to the list of range masters, a revised
list must be filed with the Administrator within 30 days of the date of any
change. The process for amending a license shall be the same as the process
for initial issuance of a license.
(1)
This section shall not relieve the applicant of any obligation
to obtain any other required business license, land use, fire safety, or building
permits or approvals, except shooting sports facilities in operation prior
to the effective date of this chapter shall not be required to seek new land
use, fire safety or building permits solely for issuance of a license.
H.
This chapter shall not apply to shooting sports facilities
owned and operated by any instrumentality of the United States, State of Pennsylvania,
or a political subdivision of the State of Pennsylvania.
No shooting sports facility shall operate without a license issued pursuant to this chapter, provided that shooting sports facilities operating on the effective date of this chapter that have submitted required license applications before this same date may continue to operate without a Lower Frederick Township shooting sports facility license pending approval or denial of the license application under § 125-2. All such operation shall be conducted in compliance with § 125-7, Operating standards and specifications. Such operation shall cease upon denial of the license application and exhaustion of any administrative or judicial appeals.
A.
The Administrator may deny, suspend or revoke any license
issued under this chapter if the applicant or any of its officers, directors,
partners, or members have violated any of the provisions of this chapter,
or if the information supplied by any applicant in connection with any license
issuance, inspection, or renewal under this chapter is determined to be false
or to have been a misrepresentation. Whenever the Administrator denies, suspends,
or revokes any license under this chapter, written notice of the same shall
be provided to the designated contact person for the shooting sports facility
by certified or regular mail. The notice shall specify the grounds for the
denial, suspension, or revocation. If said notice is sent by regular mail,
the notice shall be deemed received three days after the same is deposited
in the United States mail, postage prepaid, correctly addressed to the contact
person. If said notice is sent by certified mail, the notice shall be deemed
received when signed for, or if the contact person fails or refuses to sign
for the same, the notice shall be deemed received three days after the same
is deposited in the United States mail, postage prepaid, correctly addressed
to the contact person.
B.
If the Lower Frederick Township Police Department, or
its successor, determines that any participant, spectator, neighboring property
or member of the public has been injured or endangered as a result of range
design, operation or management of shooting activities or that rounds shot
at the facility have escaped the property on which the shooting sports facility
is located, the Administrator may immediately suspend or revoke any shooting
sports facility license issued pursuant to this chapter. Reinstatement or
reissuance of any license suspended or revoked pursuant to the provisions
of this chapter will be contingent on review and determination by the Administrator
that the shooting sports facility operator has made sufficient and appropriate
modifications to the design or operation of the facility to reasonably address
the specific deficiencies found to have contributed to the injury, endangerment,
or escaped rounds.
A nonrefundable application and license fee of $100 shall be charged
for review and processing of the initial application for the shooting sports
facility operating license and for each renewal application.
A.
An initial shooting sports facility operating license
shall be valid upon issuance and shall continue in effect for a period of
four years from the date on which it is issued, unless suspended or revoked
as provided in this chapter. The shooting sports facility operating license
and the facility's business license shall be reviewed and renewed every
four years thereafter, and the renewed license shall be valid for a period
of four years from the date the previous license expires, unless suspended
or revoked as provided in this chapter. New shooting types and new ranges
for existing shooting types shall not be permitted until authorized by a new
or amended license. Applications for license renewal shall be made in writing
on forms prescribed by the Administrator and shall include the information
required by this chapter or the Administrator for an initial license. Renewal
applications shall be accompanied by the nonrefundable application and license
fee established by this chapter. Included with the renewal application shall
be an affirmative written statement that the existing operations plan of the
shooting sports facility (which has been approved by the Public Safety Authority)
is still in force and effect, or a copy of a modified operations plan with
changes highlighted.
B.
Applications for renewal shall be made at least 30 days
prior to the expiration of the existing license. The process for renewal of
a shooting sports facility operating license shall be the same as for initial
application, provided that the Township shall not require the applicant to
pay for consultants or investigators to review the renewal application or
inspect the facility unless: 1) the applicant is proposing changes in the
facility, the facility site plan, the required operations plan, or the allowed
shooting types as part of the license renewal; or 2) the Administrator determines
that inspection or review by consultants is required in order to verify compliance
with changes in state, federal or local laws pertaining to the shooting sports
facility or its operation; or 3) there was a final determination by the Administrator,
the hearing examiner, or a court during the expiring term of the license,
that the shooting sports facility violated any provision of this chapter during
such term or that an injury or endangerment of property occurred or a round
escaped the facility during such term as the result of the facility's
design, construction, operation, or maintenance.
All shooting sports facilities licensed under this chapter shall comply
with the following operating standards and specifications:
A.
All structures, installations, operations, and activities
shall be located at such a distance from property lines as will protect off-site
properties from hazards when the ranges are used in accordance with range
safety rules and practices.
B.
Range site design features and safety procedures shall
be installed and maintained to prevent errant rounds from escaping all shooting
positions when such positions are used in accordance with range safety rules
and practices.
C.
A site plan shall be submitted with the license application
which shows the location of all buildings, parking areas and access points;
safety features of the firing range; elevations of the range showing target
area, backdrops or butts; and approximate location of buildings on adjoining
properties. The site plan shall also include the location of all hazardous
material storage and use locations.
D.
An operations plan shall be submitted that includes the
rules for each range, sign-in procedures, and restrictions on activities in
the use of ranges. Every operations plan shall prohibit loaded firearms except
as provided by the range safety specifications and operating procedures.
E.
A management guidebook shall be maintained that includes
procedures for operations, maintenance, and lead management and recovery.
The management guidebook shall be kept on site and shall be accessible at
all times to those using the shooting sports facility.
F.
The shooting sports facility, its plans, its specifications,
its rules, its procedures, and its management and staff shall comply with
the applicable safety guidelines and provisions in the latest edition of The
Range Source Book (National Rifle Association of America: Fairfax, Virginia)
or its successor, as appropriate to the type of facility involved.
G.
All shooting sports facilities shall have a designated
range master or masters. A designated range master must be present whenever
the shooting sports facility is open for shooting activities and may oversee
as many as three simultaneous events within a shooting sports facility. The
range master shall be trained in shooting safety, the safe operation of shooting
sports facilities, first aid, and the facility's emergency response procedures.
H.
Warning signs shall be installed and maintained along
the shooting sports facility property lines. Such signs shall be posted a
minimum of every 100 feet along the property lines.
I.
Shooting sports facilities shall be used for the shooting
activities they were designed to accommodate unless redesigned to safely accommodate
new shooting activities according to provisions in the latest edition of The
Range Source Book.
J.
The shooting sports facility operator shall report in
writing to the Lower Frederick Police Department all known on-site and off-site
gunshot wounds resulting from activity at the shooting sports facility and
any measures that are proposed to address any deficiencies that may have contributed
to the wounds. The report shall be made within forty-eight hours after the
existence of the gunshot wound or wounds becomes known to the operator. The
Lower Frederick Police Department will forward such information to the Administrator
for consideration in connection with any licensing action.
K.
The shooting sports facility operator shall report in
writing to the Lower Frederick Police Department all known rounds that escape
from the property on which the shooting sports facility is located and any
measures that are proposed to address any deficiencies that may have contributed
to the errant rounds. The report shall be made within forty-eight hours of
the time the existence of an alleged or acknowledged escaped round or rounds
becomes known to the operator. The Lower Frederick Police Department will
forward such information to the Administrator for consideration in connection
with any licensing action.
L.
All shooting sports facilities shall provide an operating
telephone available to range participants and spectators for the purpose of
contacting emergency medical services.
M.
A first-aid kit containing the items recommended by a
certified expert in emergency medical treatment shall be readily available
at each shooting sports facility for emergency treatment or care of minor
injuries.
N.
No alcohol, nonprescription narcotics, or other nonprescription
controlled substances shall be permitted on or in use at any shooting sports
facility during any time that the facility is open for shooting.
O.
The use of steel targets at a shooting sports facility
is strictly prohibited.
P.
No automatic weapons or multiple projectile rounds may
be used at a shooting sports facility unless under the control and use of
a licensed official of the United States, State of Pennsylvania, or a political
subdivision of the State of Pennsylvania in an official capacity, provided
that multiple projectile rounds customarily associated with shotgun use, e.g.,
buckshot and birdshot, may be used if the downrange area guidelines for such
use set forth in the latest edition of The Range Source Book (National Rifle
Association of America: Fairfax, Virginia), or its successor, are met on that
portion of the facility where the rounds are used and the facility has been
licensed for shotgun use as provided in this chapter.
Q.
All shooting sports facilities are required to have gated
fencing surrounding the entire property a minimum of six feet in height. This
does not apply to indoor ranges.
The express intent of the Lower Frederick Board of Supervisors is that
responsibility for complete and accurate preparation of applications, plans
and specifications, for compliance with applicable laws, including but not
limited to those set forth in this chapter, and for safe design, construction,
use and operation of facilities regulated herein shall rest exclusively with
applicants and their agents. This chapter and the codes adopted herein are
intended to protect the health, safety and welfare of the general public and
are not intended to protect any particular class of individuals or organizations.
This chapter shall not be construed as placing responsibility for code compliance
or enforcement upon Township or any officer, employee or agent of Lower Frederick.
Application review and inspections conducted pursuant to this chapter are
intended to determine whether a shooting sports facility is in compliance
with the requirements of this chapter. However, those inspections and reviews
that are done do not guarantee or assure either that any design, construction,
use or operation complies with applicable laws or that the facility is safely
designed, constructed, used or operated. Nothing in this chapter is intended
to create any private right of action based upon noncompliance with any of
the requirements of this chapter.
A.
Upon receiving a written complaint to the effect that
any shooting sports facility is in violation of any provision of this chapter,
the Administrator shall:
(1)
Issue a notice of complaint to the shooting sports facility
operator advising such person of the allegation(s) made in the complaint.
The notice shall be sent to the designated contact person by certified mail
and may be sent by regular mail as well. The notice shall be deemed received
when signed for, or if the contact person fails or refuses to sign for the
same, the notice shall be deemed received three days after the same is deposited
in the United States mail, postage prepaid, correctly addressed to the contact
person;
(2)
Request the shooting sports facility operator to respond,
in writing, to the allegation(s) in the notice of complaint within 30 days
of receipt of the notice of complaint;
(3)
Investigate the allegation(s) in the written complaint
and the response submitted by the shooting sports facility operator;
(4)
Make a finding as to the validity of the allegation(s)
in the written complaint, based upon information received from those conducting
the investigation of the complaint. If it is found that violation of any of
the shooting sports facility operating standards or any other provision of
this chapter has occurred, the Administrator shall issue a written notice
and order requiring that the operator suggest and implement measures or procedures
to correct any violations of this chapter and to bring the shooting sports
facility into full compliance. If a notice and order is issued, the Administrator
shall provide the shooting sports facility with a copy of any and all final
written reports prepared by Township personnel, consultants, and/or investigators
concerning the investigation of the complaint, except as any portion thereof
may be exempt from public disclosure.
C.
Failure to comply with the notice and order issued as
a result of the above process will result in the suspension and/or revocation
of the license involved. Such suspension/revocation will last one year from
the date the license is surrendered.
D.
If the Administrator concludes that the complaint is
accurate, that it discloses a violation of this chapter, and that the operator
has not proposed or effectively implemented measures or procedures to correct
any violations of this chapter; the Administrator may revoke a license issued
under this chapter.
E.
Nothing in this section shall be construed to limit the
Administrator's authority to issue a notice and order or take such enforcement
or investigative actions needed to protect the public's health and safety.
A.
The Administrator may hire consultant(s) or investigators
to:
(1)
Review license applications and license renewals under
this chapter;
(2)
Inspect properties on which applications for licenses
and license renewals have been made under this chapter;
(3)
Inspect facilities licensed under this chapter to determine
if they comply with this chapter and approved licenses and plans;
(4)
Investigate, in cooperation with the Lower Frederick
Police Department, complaints, incidents, and reports of injury or endangerment
of persons or property, or of rounds escaping the facility;
(5)
Review and investigate proposals to bring facilities
into compliance with the chapter.
B.
The license applicant shall deposit the sum of $5,000
with the Administrator at the same time as an application is made for an initial
license under this chapter. The deposit shall be used by the Township to pay
the cost of consultant(s) and investigator(s) employed by the Township to
perform inspections, reviews, and investigations during the initial licensing
process. If the application is withdrawn prior to completion of the initial
licensing process or if the license is denied after completion of the said
process, any unexpended deposit shall be refunded to the applicant. If the
license is issued, the unexpended portion of the deposit shall be retained
by the Township in order to pay the potential costs of consultant(s) and investigator(s)
during the term of the license as provided in § 125.10C.
C.
If, during the term of any license issued under this chapter, a complaint filed under § 125-9 results in the determination by the Administrator that the operator of any shooting sports facility has violated any provision of this chapter, the Township may use any unexpended portion of the deposit provided for above in order to reimburse the Township for any and all actual and reasonable costs of consultant(s) and investigator(s) retained by the Township to review the complaint. Where an alleged violation is investigated and determined to be unfounded, the shooting sports facility shall not be responsible for the costs incurred by the Township.
D.
At the time an application for the renewal of any license
under this chapter is submitted, the applicant for the renewal shall replenish
the consultant expense deposit provided for in this section so that the total
amount of the deposit is returned to the five-thousand-dollar level. Use of
the deposit during the renewal process and during the term of any renewed
license shall be subject to the same procedures and restrictions as are provided
in this section for use of the deposit during the initial application process
and initial license term.
E.
Notwithstanding the participation of other Township departments
and Township personnel, and notwithstanding any information or advice received
from any consultant, the Board of Supervisors shall retain full authority
for determining whether a shooting sports facility is in compliance with this
chapter and any other applicable Township ordinance or regulation. In exercising
that authority, the Board may consider expert consultant advice, professional
knowledge, and any or all other information available regarding shooting ranges
and shooting sports facilities, but shall not be bound by any such advice,
knowledge or information in any specific case.
A.
Any person aggrieved by the Administrator's decision
to approve, condition, or deny an application required by this chapter or
to suspend or revoke an application under the chapter may file an appeal of
such decision. Any such appeal must be filed in writing with the Administrator
within 10 days from the date the Administrator's decision is received
or deemed received by the designated contact person.
B.
Upon receipt of an appeal, the Administrator shall forward
the same to the Board of Supervisors. The Board of Supervisors shall schedule
and hold a hearing on the appeal within 45 days following the Administrator's
receipt of the appeal. During the pendency of the hearing and until final
action is taken by the Board of Supervisors as provided herein, the Administrator's
decision shall be stayed, provided that the Board of Supervisors may, at the
request of the Administrator, order the shooting sports facility to cease
operations pending the appeal hearing if the Board of Supervisors determines
that ceasing operations is necessary to prevent an imminent danger to the
public health or safety. At the appeal hearing, both the applicant or licensee
and the Administrator shall be entitled to be represented and to present evidence.
Upon completion of the hearing, the Board of Supervisors shall:
(1)
Accept the Administrator's decision as presented;
or
(2)
Overturn the decision of the Administrator and either
issue its own decision based upon the record or hold additional hearing or
hearings for the taking of additional evidence; or
(3)
Modify the Administrator's decision based upon the
record made before the Board.
C.
Appeal from a decision of the Board of Supervisors under
this section shall be to the Montgomery County Court of Common Pleas and must
be filed and served within 30 days after the decision of the Board.
D.
In the event that the applicant or licensee fails to
appeal the Administrator's decision within the time periods provided
in this section, the decision shall be final.
E.
Whenever any license issued under this chapter is suspended
or revoked, the shooting sports facility operator shall immediately return
said license to the Administrator. Notification of such suspension shall be
posted at all entrances to the shooting sports facility and all shooting locations
on signs of at least 20 inches by 20 inches. No shooting may occur at the
facility during the term of suspension.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 30 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated shall
constitute a separate offense.
Should any section, subsection, paragraph, sentence, clause or phrase
of this chapter be declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portion of this chapter.
