[[1]HISTORY: Adopted by the Board of Supervisors of the Township
of Whitemarsh 8-20-1992 by Ord. No. 639. Amendments noted where
applicable.]
[1]
Editor's Note: Former Ch. 53, Firearms and
Hunting, was repealed 3-19-1992 by Ord. No. 633.
Due to the density of population within the Township of Whitemarsh and except as provided in §§ 53-2 and 53-3, it is deemed a nuisance and/or danger to discharge firearms, including but not limited to shotguns, rifles, rifles of high power, air rifles, BB guns, pistols and revolvers, within said Township.
Said prohibition shall not apply to target practice
conducted at an indoor or outdoor range constructed, maintained and
operated in accordance with the latest revised edition of the National
Rifle Association Range Manual - A Guide to Planning and Construction,
as published by the National Rifle Association of America, Washington,
D.C., dated December 1989.
Said prohibition shall not prohibit the use
of firearms used in hunting in season of wild game within the Township,
when said use is in accordance with the rules, regulations and statutes
of the Commonwealth of Pennsylvania.
Any person or persons who shall violate any
of the provisions of this chapter, upon conviction thereof, shall
be liable to pay a fine or penalty not to exceed $1,000 for each and
every offense. All fines and penalties imposed by this chapter are
recoverable by summary proceedings before the District Justice in
Whitemarsh Township, and all suits or actions at law instituted for
the recovery thereof are to be in the name and for the use of Whitemarsh
Township, against which the offenses are committed, and upon recovery
thereof all such fines and penalties are to be paid into the treasury
of the Township. In default of payment of any fine or penalty imposed
by any District Justice under the provisions of this chapter, the
person or persons so offending may be committed to the Montgomery
County Prison for a period not exceeding 30 days.
[Added 8-25-2016 by Ord.
No. 970]
A.
Lost or stolen firearm reporting requirement.
(1)
Required conduct. Any person who is the owner of a firearm that is
lost or stolen within the Township shall report the loss or theft
of the firearm to the Whitemarsh Township Police Department within
72 hours after discovery of the loss or theft of the firearm. Failure
to so report a lost or stolen firearm is a violation subject to the
penalties set forth under this section.
(2)
Definition of "firearm." For purposes of this section, the term "firearm"
shall mean any pistol or revolver with a barrel length less than 15
inches, any shotgun with a barrel length less than 18 inches or any
rifle with a barrel length less than 16 inches, or any pistol, revolver,
rifle or shotgun with an overall length of less than 26 inches. The
barrel length of a firearm shall be determined by measuring from the
muzzle of the barrel to the face of the closed action, bolt or cylinder,
whichever is applicable. This section shall be deemed automatically
amended at any time that the definition of "firearm" provided under
18 Pa.C.S.A. § 6102 is amended after the effective date
of this section, and the definition of "firearm" set forth under 18
Pa.C.S.A. § 6102 shall be deemed the definition controlling
the enforcement of this section.
B.
Maintenance of administrative record of stolen firearms. The Whitemarsh
Township Police Department shall maintain a record of all reports
of firearms reported as lost or stolen in accordance with the terms
of this section, and shall provide a report of same to the Board of
Supervisors on not less than an annual basis.
C.
Penalties for violation. Any person who shall violate any provision
of this section shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 nor less than $300, plus costs and
attorneys' fees expended by Whitemarsh Township to prosecute
the violation, and in default of payment of said fine, costs and fees,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of the section continues shall constitute a separate offense, punishable
as set forth herein.
[1]
Editor's Note: Former § 53-5, Reporting lost or stolen
firearms, added 5-27-2010 by Ord. No. 895, was repealed 11-13-2014
by Ord. No. 946.
