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Township of Middle Smithfield, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 9-10-2013 by Ord. No. 195. Amendments noted where applicable.]
GENERAL REFERENCES
General nuisances — See Ch. 136, Art. I.
This chapter may be known and may be cited as the "Middle Smithfield Township Firearms and Projectile Weapons Ordinance" of 2013.
A. 
This chapter is not intended to deprive any person of any right or privilege afforded by any federal or state law or regulation.
B. 
This chapter is not intended to excuse, and does not excuse, a person's compliance with any other provision of the Township Code, or any other Township ordinance, regulation or resolution.
As used in this chapter, the following terms shall have the meanings indicated, unless the context shall clearly indicate otherwise:
FIREARM
Any of the following:
A. 
An instrument used in the propulsion of shot, shell, bullet or any other object by the action of gunpowder exploded, explosive powder, the expansion of gas or the force of a mechanical device under tension; or
B. 
Guns commonly referred to as air guns, air pistols, spring guns, BB guns.
PROJECTILE WEAPON
An instrument or implement, other than a firearm, impelling with force a projectile and capable of causing bodily injury or damage to property, including, but not limited to, the following:
A. 
Bow and arrow, including crossbows; and
B. 
Sling shots
TOWNSHIP-OWNED PROPERTY
Real property owned, leased, or otherwise controlled by Middle Smithfield Township.
Except as herein otherwise provided, the discharge of any firearm or projectile weapon on or through Township-owned property is prohibited. Any such discharge contrary to the provisions of this chapter shall constitute a public or common nuisance, dangerous to life, limb and property of Township residents.
The prohibition in § 104-4 of this chapter shall not be construed to apply in any manner to:
A. 
The justifiable use of force as authorized by Chapter 5 of the Pennsylvania Crimes Code;
B. 
Authorized military or law enforcement officers acting in the line of duty;
C. 
The discharge of any firearm for the sole purpose of signaling for aid or assistance while in distress;
D. 
Any other use of a firearm protected by the federal or Pennsylvania constitutions and statutes, or regulations thereunder.
The provisions of this chapter may be enforced by any law enforcement officer of the commonwealth, the Township Zoning Officer, the Township Code Enforcement Officer, or any other person authorized by resolution of the Board of Supervisors.
A. 
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine in accordance with the schedule in Subsection B of this § 104-7, plus all court costs and reasonable attorneys' fees incurred by Middle Smithfield Township in the enforcement proceedings and/or be imprisoned to the extent allowed by law for the punishment of summary offenses. Each unlawful discharge of a firearm or project weapon shall constitute a separate violation. Further, the appropriate officers or agents of Middle Smithfield Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter. All fines, penalties, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid to Middle Smithfield Township for its general use.
B. 
The fine per violation shall be as follows:
(1) 
First offense: $250.
(2) 
Second offense: $500.
(3) 
Third offense: $750.
(4) 
Fourth and subsequent offenses: $1,000.