[Ord. 393, 11/3/1971, § 1]
As used in this Part, the following terms shall have the meaning
set forth below.
FIREARM
Any device which is designed or may be used for the purpose
of propelling a projectile or projectiles by means of combustion of
explosives or by compressed air or gas.
RIFLE
A firearm with a rifled bore designed to be fired from the
shoulder.
SHOTGUN
A shoulder held firearm that fires single or multiple pellets,
pumpkin balls, rifled slugs or projectiles through a smooth bore.
TARGET AREA
Any location, indoors or outdoors, on land or water, designed,
intended or used for the discharge of firearms firing multiple projectiles,
(commonly called shotguns) at targets or objects propelled through
the air by any means whatsoever.
TARGET RANGE
Any location, indoors or outdoors, on land or water, designed,
intended or used for the discharge of firearms firing a single projectile
at fixed or moving targets or objects for the purpose of acquiring
or developing skill or proficiency in the use of such firearms.
[Ord. 393, 11/3/1971, § 2]
Except as hereinafter provided, it shall be unlawful for any
person to discharge any firearm within the limits of the Township,
except in necessary defense of persons or protection of property.
[Ord. 393, 11/3/1971, § 3]
The provisions of this Part shall not apply:
1. To any peace officer of the Township of Elizabeth or of the United
States or this Commonwealth, or any member of the Armed Services while
in the actual performance of his official duties.
2. To members of associations or groups devoted to the promotion and
development of marksmanship who are engaged in practice or competition
upon approved target ranges or areas.
3. To holders of duly authorized hunting licenses during any small game
season as designated by the Game Commission of Pennsylvania, while
lawfully engaged in hunting, provided, however that no such hunting
shall be engaged in with a rifle or revolver containing or discharging
center fire ammunition through a rifled bore.
4. To holders of duly authorized hunting licenses during any big game
season as designated by the Game Commission of Pennsylvania, while
lawfully engaged in hunting shall be engaged in with any firearm other
than a shotgun containing or discharging ammunition approved by the
Pennsylvania Game Commission.
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Nothing in this section may be construed to permit the use or
discharge of high power or high caliber rifles for hunting big or
small game in Elizabeth Township.
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[Ord. 393, 11/3/1971, § 4]
Any organization or group devoted to the promotion and development
of marksmanship may apply for and obtain a permit to maintain an authorized
target range or target area by complying with the following requirements:
1. A written application shall be submitted setting forth the name of
the organization or group, the type, size and caliber of firearms
to be employed, the location of the proposed target range or target
area, and a plan of said target range, if for firearms discharging
a single projectile, showing in detail the dimensions, shape and construction
of the backstop proposed to be used. No target range or target area
shall be approved unless it conforms with the safety standards established
by the National Rifle Association or such other nationally recognized
groups or organization as regularly conducts competition with the
type and class of firearms for which approval is sought.
2. The Chief of Police shall review all such applications and if satisfied
that the proposed target range or target area meets with required
standards of safety and is otherwise satisfactorily located, shall
approve such application. If any such application is disapproved,
the reasons therefore shall be set forth in writing, and delivered
to the group or association making application therefore.
3. Certain areas of the Township that have been used for the sighting
in of high powered rifles, and have been approved for this specific
purpose by the Chief of Police, may continue to be used for such purpose.
A list of such areas shall be maintained in the office of Chief of
Police for public inspection.
4. Target shooting of rim fired cartridges on private property is permitted
if permission is granted by the property owner and all safety regulations
are followed in accordance with the Pennsylvania State Game Commission
laws.
[Ord. 393, 11/3/1971, § 5]
In any case, where an application for a permit for a target
range or target area is denied, the applicant may, within 10 days
from the date of such refusal, request a hearing before the Board
of Commissioners. Such hearing shall be granted no later than the
next regular meeting of said Board, occurring no sooner than 10 days
after such request. The decision of the Commissioners shall be final.
[Ord. 393, 11/3/1971, § 6]
The Chief of Police shall regularly, once a year, inspect all
previously authorized target ranges or target areas, to determine
whether or not such ranges or areas are in a proper and safe condition,
and may suspend or revoke the permit of any range or area found to
be unsafe or improper by giving notice to the permit holder in writing,
setting forth the reasons for such revocation or suspension. The association
or group whose permit has been suspended or revoked may request a
hearing before the Board of Commissioners as provided in § 305.
The decision of the Commissioners therein shall be final.
[Ord. 393, 11/3/1971, § 7; as revised by Ord. 561,
6/1/1987; and amended by Ord. 577, 8/1/1988, § 3E]
Any person, firm or corporation who shall violate any provision
of this Part 3 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000.00; and/or to imprisonment for a term
not to exceed 90 days.