[HISTORY: Adopted by the Borough Council
of the Borough of Malvern 6-4-1957 by Ord. No. 144 (Part 8, Ch. 1, Art. C,
of the 1975 Code of Ordinances); amended in its entirety 6-17-2003 by Ord. No.
2003-9. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes but is not limited to any gun, shotgun, rifle, handgun,
pistol, pellet gun, BB gun, crossbow, bow and arrow, or any other
device which impels a projectile through the use of force.
No person shall fire or discharge any firearm
within the Borough of Malvern, subject to the following exceptions:
A.
The use of a firearm shall be permitted by any duly
appointed law officer in the course of his or her official duties.
B.
The use of firearms shall be permitted when necessary
for the preservation of human life, as authorized in the Pennsylvania
Crimes Code (18 Pa.C.S.A. § 101 et seq.)
C.
Discharge otherwise authorized by any local ordinance,
resolution, or administrative regulation.
The Chief of Police or any member of the Police
Department of the Borough is hereby authorized to seize and remove
any firearm that is in the possession of any person, persons, firm,
corporation or any other entity, which caused such firearm to be in
violation of this chapter.
A.
Any person,
persons, firm, corporation or any other entity found to be in violation
of any section of this chapter shall, upon conviction thereof, for
every such violation be sentenced to pay a fine of not more than $300,
plus the costs of prosecution. Such fines and costs shall be collectible
before a District Justice as like fines and costs are now collected.
For the purposes of this chapter, each prohibited discharge of a firearm,
as defined herein, shall be considered a separate offense and subject
to separate prosecutions.
