[Ord. 1363-09, 6/8/2009, § 2; as amended by Ord.
1394-11, 12/12/2011]
As used in this Part 8, the following words shall have the meanings
indicated:
Any air gun, air pistol, spring gun, spring pistol, BB gun,
or any implement that impels a pellet of any kind with a force that
can reasonably be expected to cause bodily harm.
A cartridge or charge for a firearm that contains gunpowder
but no bullet or shot.
The expulsion of a projectile from a firearm or the operation
of a firearm in such a manner so as to lead one to reasonably conclude
by sight or sound that a projectile was expelled from a firearm. If
the firearm used is capable of the expulsion of a projectile, its
firing alone shall be sufficient to constitute a discharge, and no
further proof of the expulsion of a projectile shall be necessary.
Any device which is designed and intended to expel a projectile
by action of gunpowder, any other explosive, compressed air, compressed
gas or mechanical device, including any device which, when discharged,
would sound or otherwise lead another to reasonably conclude by sight
or sound that the device expelled a projectile or gives the appearance
of the expulsion of a projectile even though no expulsion of a projectile
occurred. By way of example and not limitation, items that are to
be considered "firearms" in this Part include guns, pistols, rifles
and shotguns. This definition of "firearm" is not intended to include
any children's toy gun when used in the manner for which it was
designed.
A device designed and manufactured to propel, by gas or air,
an encapsulated gelatin paintball.
[Ord. 1363-09, 6/8/2009, § 3; as amended by Ord.
1394-11, 12/12/2011]
No person shall discharge a firearm anywhere within the Borough of Gettysburg unless otherwise permitted pursuant to the exceptions set forth in § 6-803 herein. No person shall recklessly or intentionally point any firearm, air rifle or paintball gun (unless such pointing of a paintball gun is made at a legally permitted and duly established paintball recreational facility within the course of conduct allowed by such facility) at another person while discharging the same pursuant to the exceptions set forth in § 6-803, Subsections C through F, of this Part.
[Ord. 1363-09, 6/8/2009, § 4; as amended by Ord.
1394-11, 12/12/2011]
The following acts shall not constitute a violation of this
Part:
A.
The discharge of a firearm by a law enforcement officer or military
personnel acting within the line of duty, including but not limited
to active operations, training exercises and ceremonies.
B.
The discharge of a firearm in self-defense as legally permitted pursuant
to the laws of the Commonwealth of Pennsylvania.
C.
The discharge of a firearm within a properly constructed and legally
permitted firing range duly established within the Borough of Gettysburg.
This exception shall include the discharge of paintball guns at a
legally permitted and duly established paintball recreational facility
within the Borough of Gettysburg.
D.
The discharge of an air rifle on a properly constructed and legally
permitted target range within the Borough of Gettysburg. Any person
under the age of 18 years of age must be under the direct supervision,
guidance and instruction of a responsible adult.
E.
The discharge of a firearm using only blank ammunition at a military
funeral, a similar ceremony or event, provided that a permit is obtained
from the Borough of Gettysburg as set forth below.
F.
The discharge of a firearm using only blank ammunition in connection
with a parade, demonstration, sporting event, reenactment or event
of a similar nature, provided that a permit is obtained from the Borough
of Gettysburg as set forth below.
[Ord. 1363-09, 6/8/2009, § 5; as amended by Ord.
1394-11, 12/12/2011]
Where a permit is required under this Part, the party who is responsible for the conduct of the event at which a firearm or firearms will be discharged pursuant to the exceptions set forth under § 6-803, Subsections E and F, of this Part shall make application on a form to be provided by the Borough of Gettysburg. The Mayor, or the Chief of Police under the supervision of the Mayor, shall be responsible for the issuance of the permits hereunder. The application shall include:
A.
A certification that only blank ammunition will be used for the event.
B.
An explanation of safety measures that will be employed for the event
for the participants and spectators, if any, to include safeguarding
of persons not directly involved in the event but who may be adversely
affected by the event.
C.
A statement that the party responsible for the conduct of the event
shall agree to indemnify, defend and hold the Borough of Gettysburg
harmless from and against any losses, liabilities, claims, demands,
or actions for damage to property or for any personal injury, bodily
injury or loss of life as a result of a firearm discharge at an event
for which a permit is issued hereunder.
D.
A certificate of general liability insurance, if liability insurance
is reasonably available to the party responsible for the conduct of
the event, naming the Borough of Gettysburg as a loss payee.
[Ord. 1363-09, 6/8/2009, § 6; as amended by Ord.
1394-11, 12/12/2011]
The Borough shall issue a permit within seven business days
of receipt of a complete application. If, in the reasonable discretion
of the Mayor, or of the Chief of Police under the supervision of the
Mayor, the proposed event will pose a significant risk to the public
health and safety, the permit shall be denied with notification to
the applicant provided of such denial within seven business days.
A permit may either be issued for a single event or may also be issued
on an annual basis for persons or organizations which conduct or participate
in multiple events over the course of a calendar year.
[Ord. 1363-09, 6/8/2009, § 7; as amended by Ord.
1394-11, 12/12/2011]
Any person who shall violate this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 for each
violation. Each discharge in violation of this Part shall constitute
a separate offense; provided that, even if a violator has been fined
as provided herein, such shall not preclude the Borough or any other
injured party from taking proper legal action to recover damages resulting
from such violation.
