[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]
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.
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.
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.
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.
D. Hunters lawfully complying with the requirements and
provisions of Title 23 of the Revised Statutes, as amended, or any rules and regulations promulgated thereunder.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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]
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.
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.
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.
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.
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.
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.
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.
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.