[HISTORY: Adopted by the Borough Council of the Borough of
Newton Hamilton 10-6-1982 by Ord.
No. 1982-3. Amendments noted where applicable.]
Except in necessary defense of person or property, and except as provided in § 125-3 of this chapter, it shall be unlawful within the Borough of Newton Hamilton for any person to use, fire or discharge any gun or other firearm.
It shall be unlawful for any person to discharge any air rifle, air pistol, spring gun, spring pistol, BB gun, bow and arrow, or similar device, which impels a pellet of any kind with a force that could reasonably be expected to cause bodily harm, within 500 feet of any dwelling, building or occupied structure, except as provided in § 125-3 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Nothing in this chapter shall be deemed to prohibit the proper
use of firearms, bows and arrows, or similar devices, where their
lawful use is permitted in hunting as provided for by the Pennsylvania
Game and Wildlife Code and by the rules and regulations of the Pennsylvania
Game Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Mifflin County.
All ordinances or parts of ordinances inconsistent with this
chapter are hereby repealed insofar as they are inconsistent herewith.
This chapter shall become effective immediately upon passage
thereof.
