[Amended 6-12-2006 by Ord. No. 421; 3-15-2021 by Ord. No. 599]
A. Definitions. As
used in this section, the following words shall have the meanings
indicated:
DISCHARGE
The expulsion of a projectile from a firearm.
FIREARM
Any device that is designed or intended to expel a projectile
by action of gunpowder, any other explosive, compressed air, compressed
gas or mechanical device. By way of example and not limitation, items
that are to be considered firearms under this section include guns,
pistols, rifles, shotguns, BB guns, pellet guns, air rifles and paint
ball guns and paint ball rifles.
B. Except as provided in Subsection
C of this section, it shall be unlawful within the Township of Muhlenberg for any person to discharge a firearm other than:
(1) Constables,
sheriffs, prison or jail wardens, or their deputies, policemen of
this commonwealth or its political subdivisions, or other law enforcement
officers while engaged in their official duties, including, but not
limited to, training sessions.
(2) Officers
or employees of the United States duly authorized to carry a firearm
while engaged in their official duties.
(3) Any
person engaged in the business of manufacturing, repairing, or dealing
in firearms, or the agent or representative of any such person, having
in his possession, discharging such a firearm in the usual or ordinary
course of such business.
C. Exceptions. A person may discharge
a firearm:
(1) While
hunting as provided for by:
(a) Pennsylvania Title 34, known as the "Pennsylvania Game Law";
(b) By the rules and regulations of the Pennsylvania Game Commission;
and
(c) Applicable zoning regulations.
(2) At
any gun club or on any private outdoor target, trap, skeet, or shooting
range that is on a lot of at least two acres in area, is properly
constructed and complies with both NRA standards for range safety
and applicable zoning regulations, except that no discharge of a firearm
is permitted:
(a) Onto, across, or within 50 yards of a public road;
(b) Into or within the safety zone, the dimensions of which are defined
at Title 34, Section 2505(c), as may be amended; or
(c) From, onto, or across public or private property without the owner
or occupant's prior written consent.
(3) In
a private basement or cellar target range that is properly constructed
and complies with both NRA standards for range safety and applicable
zoning regulations. (The phrase "properly constructed" is defined
as meeting all applicable state and local laws and regulations.)
(4) When
necessary to protect life or property.
(5) To
kill a dangerous animal.
D. Nothing in this section shall
exempt any person or persons from being subject to all the rules and
regulations promulgated and set forth by Pennsylvania Title 34, known
as the "Pennsylvania Game Law," as amended.
E. Any person who shall violate any
provisions of this section, upon conviction thereof brought before
a Magisterial District Judge in the manner provided for enforcement
of summary offenses, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fines and
costs, to a term of imprisonment not to exceed 90 days. Each day of
violation shall constitute a separate offense.
No person or other entity shall operate or maintain
upon public or private property within the Township of Muhlenberg
any automobile graveyard or junkyard or other place for the storage
of abandoned or junked automobiles or parts or materials thereof.
No person or other entity shall transport by
any means any material through or upon Township public or private
streets in any uncovered carrier without covering the same so as to
prevent the scattering of the material on the public or private roads,
highways and abutting land of the Township of Muhlenberg.
[Amended 11-7-1988 by Ord. No. 250]
Any person or other entity in violation of any
section of this article shall, upon conviction before a Magisterial
District Judge, pay a fine of not less than $60 nor more than $600
and/or receive a prison sentence not to exceed 90 days and, in default
of payment of fine, be imprisoned for a period not to exceed 90 days,
together with costs of prosecution.