[Ord. 316, passed 5-22-1961]
On and after the effective date of this section, no person shall discharge or shoot any firearm, air gun, spring gun or other implement which impels with force a pellet or projectile of any kind, or discharge or shoot an arrow, within the limits of the Town, except as provided in Section 709.02.
[Ord. 316, passed 5-22-1961; Ord. 1188, passed 8-25-1997]
The prohibition contained in Section 709.01 shall not apply to the following:
(a)
Any person who discharges or shoots a firearm or other dangerous
weapon in defense of his property or person or in defense of the person
of another.
(b)
Any person who discharges or shoots a firearm or other dangerous
weapon in the performance of his official duty as a police officer
or other properly authorized and empowered representative or employee
of a municipality or governmental agency.
(c)
Any person who discharges or shoots a firearm as a member of a club
or other group when firing upon a supervised range.
(d)
Any person who discharges or shoots an arrow on the range or ranges
provided by Allegheny County authorities in North Park or on a privately
owned and supervised range.
(e)
Any person who discharges or shoots an arrow when hunting deer in
North Park whenever such hunting has been approved by the Board of
Commissioners of Allegheny County and subject to all of the conditions
and restrictions imposed upon that hunting by the Commissioners of
Allegheny County, and provided further that those conditions and restrictions
are approved by the Town Council of the Town of McCandless.
[Ord. 316, passed 5-22-1961; amended 10-22-2018 by Ord. No. 1480]
(a)
Any individual, corporation or other legal entity desiring to operate
a commercial range, a range open to the public or a members-only range,
for the discharge of firearms, bow-and-arrow shooting, weapon throwing
or other similar activity, shall be required to first obtain a permit
from the Chief of Police. The applicant may seek either a ten-day
permit or an annual permit. No permit under this section shall be
required for ranges operated by or on behalf of a governmental agency.
(b)
The Chief of Police shall issue the permit for a firearm shooting
range if the applicant demonstrates compliance or agrees to comply,
to the satisfaction of the Chief of Police, with the following:
(1)
Use. The proposed use as a firing range has received all required
governmental approvals, including, without limitation, zoning approval
from the Town.
(2)
Supervision. On-site supervision is required at all times by
an adult who is an experienced range safety officer with a valid certification
from a nationally recognized organization. Current certificates for
range safety officers shall be on display in a conspicuous location
in the premises and shall be available for public inspection. The
range safety officer shall be responsible for the conduct of the range
employees and the conditions of safety and order in the place of business
and on the premises.
(3)
Instruction. On-site instruction shall be given only by firearms
instructors certified within the prior five years by an approved organization
or government. Current certificates for firearms instructors shall
be on display in a conspicuous location in the premises and shall
be available for public inspection.
(4)
Minors. Minors shall not be allowed in the range unless accompanied
by an adult at all times. This shall not be interpreted to prohibit
minors from participating in a firearm safety class which is supervised
by an adult instructor.
(5)
Ammunition. No ammunition shall be used in the range that exceeds
the certified design and construction specifications of the range.
(6)
Storage. Firearms and ammunition that are stored on the premises
and are not for retail sale shall be stored in a gun safe or other
secure locking device or in a room that is secure from unauthorized
access when the range is closed for business. Firearms and ammunition
that are stored on the premises and are for retail sale shall comply
with all applicable laws and regulations applicable to licensed firearms
dealers, including, without limitation, 18 Pa.C.S.A. § 6113,
as amended, and regulations promulgated thereunder.
(7)
Shooter requirements.
A.
All shooters must complete a firearm training program given
in accordance with the Pennsylvania Game Commission or a nationally
recognized organization or show a valid hunting permit or gun permit
before they are allowed to discharge firearms on the site.
B.
All shooters must complete a site-specific orientation and safety
program developed by the applicant and approved by the Town's
Chief of Police before they are allowed to discharge firearms on the
site.
(8)
Alcohol prohibition. The consumption of alcoholic beverages
or other controlled substances shall not be permitted on the site.
The applicant's staff shall obtain training certificates from
the Town's Chief of Police regarding field sobriety training
prior to the opening of the facility to the public.
(9)
Customer safety. The applicant and safety officers shall prohibit
and shall ensure that none of its customers:
A.
Discharge a firearm from any location on the range other than
an established shooting station on the firing line.
B.
Discharge a firearm at any target other than a target placed
on a target mounted and approved by the applicant.
C.
Operate, manipulate or discharge a firearm in negligent disregard
for the safety of other persons present at or near the range. This
is specifically intended to include loading a firearm, operating or
manipulating a loaded firearm, or discharging a firearm anywhere on
the firing range while another person is downrange.
D.
Are intoxicated or use or possess an intoxicating beverage or
controlled substance on the range.
(10)
Activities. All activities associated with the range shall take
place within the range.
(11)
Hours of operation. Outdoor firearms shooting ranges may operate
only from 8:00 a.m. until sunset Monday through Saturday and from
12:00 noon to sunset Sunday.
(c)
The Chief of Police shall issue the permit for a bow-and-arrow shooting,
weapon throwing or other similar range if the applicant demonstrates
compliance or agrees to comply, to the satisfaction of the Chief of
Police, with the following:
(1)
Use. The proposed use as an archery/throwing weapons range has
received all required governmental approvals, including, without limitation,
zoning approval from the Town.
(2)
Supervision. On-site supervision is required at all times by
an adult who is an experienced safety officer. The safety officer
shall be responsible for the conduct of the range employees and the
conditions of safety and order in the place of business and on the
premises.
(3)
Minors. Minors shall not be allowed in the range unless accompanied
by an adult at all times.
(4)
Alcohol. The consumption of alcoholic beverages or other controlled
substances shall not be permitted on the site. The applicant's
staff shall obtain training certificates from the Town's Chief
of Police regarding field sobriety training prior to the opening of
the facility to the public.
(5)
Customer safety. The applicant shall prohibit and shall be responsible
for ensuring that none of its customers:
A.
Shoot or throw a weapon from any location on the range other
than an established shooting station on the shooting/throwing line.
B.
Shoot or throw a weapon at any target other than a target placed
on a target mounted and approved by the applicant.
C.
Operate, manipulate, shoot or throw or discharge a weapon in
negligent disregard for the safety of other persons present at or
near the range. This is specifically intended to include handling
or manipulating a weapon, or shooting or throwing a weapon, anywhere
on the firing range while another person is downrange.
D.
Are intoxicated or use or possess an intoxicating beverage or
controlled substance on the range.
(d)
The Chief of Police may add reasonable additional conditions if he/she
deems such reasonable additional conditions necessary to protect the
health, safety and welfare of the general public and citizens of the
Town.
(e)
In the event the applicant fails to comply with any of the conditions
set forth above, the Chief of Police may revoke the permit. Notice
of the revocation shall be sent to the applicant by certified mail
to the address listed on the permit application.
(f)
Any denial or revocation of a permit by the Chief of Police may be
appealed to the Town Council of the Town of McCandless pursuant to
the Local Agency Law, 2 Pa.C.S.A. § 551 et seq., as amended.
(g)
Annual permits shall be issued at a charge of $100; and temporary
permits, valid for a period of 10 days only, shall be issued at a
charge of $25. The Council may amend the permit fees by resolution.
[Ord. 316, passed 5-22-1961]
Whoever violates any provision of this article shall be fined
not more than $100, and in default of payment shall be imprisoned
not more than 30 days. All fines collected upon conviction or upon
forfeiture of bail shall be paid to the Town Treasurer.
