Borough of Taylor, PA Firearms and Weapons Discharge

The purpose of this chapter is to promote the health, safety, and welfare of the citizens of the Borough of Taylor ("Borough"), Lackawanna County, Pennsylvania by making all public and private property safer by prohibiting the discharge of firearms within the Borough.

These regulations are intended to achieve protection of the public with a minimum of infringement on the personal liberty of the citizens of the Borough of Taylor, Lackawanna County, Pennsylvania.

§ 81-3 Definitions.

Unless the context otherwise indicates, as used in this chapter:

AIR GUN

An air gun which uses air under pressure from pumping or other means but which derives its force from a spring which is set by a single cocking operation and discharge missiles or projectiles through a smooth barrel at a muzzle velocity in excess of 200 feet per second.

BLOWGUN

A device which does not contain air under pressure from pumping or other means but which derives its force from air under pressure and discharge missiles or projectiles through a smooth barrel at a muzzle velocity of more than 200 feet per second.

BOW AND ARROW

Any device which is capable of projecting an arrow or bolt more than 20 feet.

DISCHARGE

To shoot or fire a firearm.

FIREARM

Any pistol, revolver, rifle, shotgun, weapon or any other device which is designed or which may be used for the discharge and propulsion of a bullet, a cartridge, a shell, shot, slug, missile or any other projectile (collectively sometimes referred to as" projectile"), is hurled by means of the burning of an explosion of gunpowder or any other explosive or compressed air. The term "firearm" includes but is not limited to muzzle-loading weapons.

LOOSE SHOT

Multiple spherical type projectiles to be discharged from a shotgun.

MUZZLE–LOADING WEAPONS

Are rifles, shotguns, pistols or cannons incapable of being loaded through the breech without the use of tools.

PISTOL

A small firearm having a stock to fit the hand, and a short barrel, and fired from one hand.

PROJECTILE

A missile or missiles projected or thrown by force from a firearm.

REVOLVER

A type of pistol having a revolving cylinder in the breech chambered to hold several cartridges that may be fired in succession without reloading.

RIFLE

A firearm having a rifled or spirally grooved bore, usually fired from the shoulder and loaded from the breech.

SHOOT

To discharge a projectile from a firearm.

SHOT

A spherical missile, such as a ball of iron, or a bullet or pellet of lead, to be discharged from a firearm; also, such pellets collectively.

SHOTGUN

A smoothbore gun, either single or double-barreled, adapted for the discharge of shot.

TOY AIR GUN

An air gun which does not contain air under pressure from pumping or other means but which derives its force from a spring which is set by a single cocking operation and discharge missiles or projectiles through a smooth barrel at a muzzle velocity of less than 200 feet per second.

§ 81-4 Discharge of firearms and certain weapons prohibited.

Except as provided below, it is unlawful for any person to knowingly, recklessly, or negligently fire or discharge a firearm, crossbow, bow and arrow, or blowgun within the boundaries of the Borough of Taylor:

A person discharging a firearm or weapon in the lawful defense of a person or property. "Lawful defense" is a defense recognized by the Commonwealth of Pennsylvania;

A person discharging a firearm or weapon on a licensed public or private shooting range, shooting gallery or other approved area designed or built for the purpose of target shooting, when such person is a member or guest of said range or area;

A peace officer or member of the military discharging a firearm or weapon while acting within the scope of his or her official duty;

A government employee discharging a firearm or weapon when authorized and required by his or her employment or public office to carry or use firearms or weapons and while acting within the scope of his or her official duty;

A person conducting a sanctioned athletic contest who fires blank ammunition in a plugged firearm toward the sky;

Persons authorized by permit of the Chief of Police to discharge blank ammunition or a weapon for a lawful purpose;

Owner(s) or lessor(s) of land, as allowed by the Pennsylvania Game Commission or other agency having jurisdiction, including but not limited to 58 Pa. Code § 141.3 et seq. and 58 Pa. Code §§ 147.761 through 765, as may be amended, or other similar exemption for agriculture, as allowed by the Commonwealth under 34 Pa.C.S.A. § 2121, Killing game or wildlife to protect property, as may be amended;

Person(s) licensed to hunt in this commonwealth while actively engaged in legal hunting under the laws of the Commonwealth of Pennsylvania;

All matters preempted by the Commonwealth of Pennsylvania, including but not limited to a holder of a valid Nuisance Wildlife Control Operator Permit or a legitimate employee thereof, as defined by the commonwealth.

§ 81-5 Discharge of certain weapons prohibited.

No person other than a peace officer or animal control officer shall discharge a spring or air-actuated pellet gun, air gun or BB gun on public property, rights-of-way, or across property lines in the Borough of Taylor.

§ 81-6 Bow and arrow usage.

It shall be unlawful for any person to cause a bow and arrow to shoot or fire an arrow within the Borough of Taylor, unless such is restricted to an archery practice site.

§ 81-7 Archery practice site.

For the purpose of this chapter, "an approved archery practice site" shall be defined as a designated area in which arrows are shot at a fixed target which has either:

(1)

A backstop, with the target centered on, of a minimum size of eight feet in length and eight feet in width and being of a material and thickness of which no arrow, when shot from a bow, can dully penetrate; or

(2)

A buffer zone or 250 feet from the target to any adjoining landowner's property; and

(3)

Otherwise complies with the ordinances of Taylor Borough, including but not limited to Chapter 180, Zoning, and Chapter 157, Subdivision and Land Development; and

All arrows used in an archery practice site shall be equipped with target tips, no hunting or razor-type tips shall be used.

§ 81-8 Violations and penalties.

It shall be illegal for any person, partnership, corporation or other legal entity (collectively "person") to violate the terms of this chapter, and a person violating same shall be prosecuted under the rules of procedure for summary proceedings before Magisterial District Judge.

(1)

Any conviction of a violation of any section or subsection of this chapter shall result in the imposition of a fine not less than $100 and not to exceed $1,000, plus costs, or in default of payment of said fine and costs, the offender may be sentenced to a term of imprisonment subject to Pa.R.Crim.P. § 456(c) and 42 Pa.C.S.A. § 9730;

(2)

A separate offense under this chapter shall be deemed to occur for each day for which a violation occurs;

(3)

Nothing herein is intended to impede or restrict the prosecution of any criminal offense for any person continuing to violate the terms of this chapter or any order to stop or desist from any illegal conduct or from being charged with any separate offense under the criminal codes or otherwise;

(4)

Each day that a violation continues shall be deemed as a separate offense and shall be punishable as such. Each discharge of a firearm shall also be deemed and shall be taken as a separate violation;

(5)

In addition to the penalties provided herein, the Borough may sue at law or in equity to enjoin violations herein, and in addition to damages, may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of litigation by appropriate suit at law or in equity against the person, partnership, corporation, or other legal entity found to have violated this chapter, or the orders, rules, regulations, and permits issued hereunder.

In addition to assessment penalties and liens, under Subsection A, any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge shall pay a fine and/or penalty of not less than $100 nor more than $1,000 per violation, plus all court costs, including reasonable attorney's fees incurred by the Borough in the enforcement of this chapter. Each day the violation exists shall constitute a separate offense. In any case where a penalty for a violation has not been timely paid, and the person against whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for attorney's fees incurred by the Borough in the enforcement proceedings. If the violator neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.

In addition to all of the remedies, the Borough is authorized to exercise and reserves all rights of enforcement and remedies for municipal claims and tax liens as permitted by law.

In addition to or in lieu of a civil action before a Magisterial District Judge, or court, the Borough may enforce this chapter in equity. The appropriate officers or agents, including Borough Council, Borough Manager, or Code Enforcement Officer of the Borough are hereby authorized to seek equitable relief, including injunctions, to enforce compliance herewith.

The Borough shall be exempt from the payment of costs in any civil case brought to enforce this chapter.

Each day a violation occurs shall be a separate offense.

The reasonable attorney's fees shall be at the rate of $125 per hour. Said sum may be amended by resolution of the Borough from time to time.

§ 81-9 Enforcement.

The enforcement of this chapter or any the rules and regulations of this chapter shall be carried out by the Police Department of the Borough of Taylor under § 81-8A(1). The Code Enforcement Officer, designated from time to time by the Borough, may issue a notice of violation for § 81-8B; said notice shall make reference to this chapter, as may be amended, as well as the date, time and location of the violation; and the Code Enforcement Officer shall have powers under said section.