[HISTORY: Adopted by the Board of Supervisors of the Township of Harborcreek as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Map of Shooting Areas
[Adopted 10-22-1975 by Ord. No. 75-68]
The following words when used in this article shall have the meanings prescribed to them in this section.
FIREARM
Any instrument used in the propulsion of shot, shell, bullet or any other projectile or object by the action of gun powder and/or explosion.
HIGH-POWERED RIFLE
A firearm or gun propelling one all lead or lead alloy or soft-nosed or expanding bullet or ball except one propelled from a rimfire cartridge, but nothing in this definition shall include the firearm or gun commonly called a "shotgun," muzzle loading rifle, or handgun.
It shall be unlawful for any person to:
A. 
Discharge a center-fire high-powered rifle in any area of the Township, with the exception of any properly established and approved rifle range.
B. 
To discharge any firearm of any type, air gun, arrow or other projectile from a bow or slingshot in any area of the Township designated a "no shooting area" (blue area on map)[1] in accordance with the provisions of this article.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C. 
To discharge any firearm of any type, air gun, arrow or other projectile from a bow or sling shot in any area designated a "red area" under the terms of this article, except that such discharge may be lawfully made on a person's own property or on the property of another with their written permission and, provided, any projectiles or missiles so discharged must remain on the property of the person who gave permission or the property of the person firing the weapon.
D. 
To discharge a firearm within 450 feet of a dwelling house in any area designated a "red area" under the terms of this article, except that a person may discharge a firearm within 450 feet of his or her own dwelling house or within 450 feet of the dwelling of another with their written permission, so long as said discharge does now violate any other provisions of this article.
The areas as designated above, located in the Township of Harborcreek, County of Erie, and State of Pennsylvania, are set forth as follows:
A. 
No shooting areas (blue area on map).[1] No shooting areas shall be all of the area between the north line of Route 5 (East Lake Road) and Lake Erie, from the Harborcreek Township line on the west to Shorewood Drive on the east, and all of the area between the south line of Route 5, and 1,000 feet south of said line from the Harborcreek Township line on the west to Bartlett Road on the east. Other areas may be established as no shooting areas by the procedure as set forth herein.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
B. 
Red areas. Shall be those areas as set forth on the Township map attached hereto, made a part hereof and marked in red.[2]
[2]
Editor's Note: Said map is included as an attachment to this chapter.
A. 
No shooting areas may be established by petition of a majority of property owners by acreage in said area. Said petition will be heard by a Committee known as the "Weapon Ordinance Committee," and said Committee will make recommendation to the Board of Supervisors. The Board of Supervisors may then, by resolution, either establish or refuse to establish said petitioned area as a no shooting area in accordance with the provisions of this article.
B. 
The Supervisors of the Township may, by resolution, passed at a regular or special meeting of the Supervisors, refer an area to the Committee without there being a petition presented for said area, and the Committee will make a recommendation back to the Supervisors on whether or not to establish the area as a no shooting area.
The Weapon Ordinance Committee shall consist of one Township Supervisor, appointed by the Township Supervisors, three representatives appointed by the Erie County Council of Federated Sportsmans' Club, all of whom must be Township residents, and three Township residents appointed by the Supervisors, all for a term of one year.
The Weapon Ordinance Committee, before making a recommendation to the Supervisors, shall consider the area itself, the number and distribution of people in the area, the past practices in the area with regard to discharge of firearms, and any other matters that the Committee deems important to reach a determination on its recommendation to the Supervisors.
Any areas marked as a "no shooting area" or a "red area" may be so marked by the property owners in the area by official signs to be provided by the Township; however, failure to so post shall not be an excuse or a defense to a violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $25 and not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All ordinances or parts of ordinances inconsistent herewith are hereby specifically repealed.
All fines levied and paid under this article shall be payable by the Magisterial District Judge to the Treasurer of this Township for the general use of the Township.
If any sentence, clause, or section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections or parts of this article. It is hereby declared as the intent of the Board of Supervisors of Harborcreek Township that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause or section, provision or part thereof had not been included herein.