[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim 8-15-2023 by Ord. No. 3-2023. Amendments noted where
applicable.]
The foregoing recitals[1] are incorporated herein by reference as if set forth more
fully herein.
[1]
Editor's Note: Said recitals are set out in full in Ord.
No. 3-2023, a copy of which is available in the Township offices.
This chapter shall be known and cited as the "West Manheim Township
Explosive Target Ordinance" (herein referred to as "chapter").
The purpose of this chapter is to implement standards for the
detonation of explosive targets that may cause injury, death or damage
to individuals and to real or personal property, while preserving
the personal freedom and right to engage in target shooting, in the
in furtherance of promoting public health, safety, welfare, comfort
and prosperity of the residents of West Manheim Township.
Terms used herein shall carry their common meaning and definition
unless otherwise defined below:
Any structure intended for the shelter, housing or enclosure
of persons, animals of personal property.
Any action that will cause an explosive material or device
to explode.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion.
Any device, utilized for the purpose of shot confirmation,
which explodes upon impact by a projectile fired from a firearm. Such
devices are typically comprised of chemicals or materials that react
in an explosive manner once impacted by a projectile or a detonation
device, including, but not limited to, binary explosive targets made
of separately packaged fuel and oxidizer components that must be mixed
to make the explosive device live. Such devices/targets include, but
are not limited to, those marketed under the name of Tannerite, Star,
Sure-Shot and others.
A person owning, leasing, occupying or having charge or control
of any premises or property within the Township.
Any natural person (individual), firm, partnership, association,
corporation, limited liability company, company or organization of
any kind.
A.
Permitted use. The detonation of explosive targets is only permitted
within the Township when used by a person as follows:
(1)
For the intended use as an shooting target;
(2)
In accordance with all manufacturer specifications and all applicable
Pennsylvania and federal laws and regulations;
(3)
Where the shooter and the target are both located at least 100 yards
from any property line or any building, whichever is closer;
(4)
Where the land on which the shooter and the target is located contains
at least five acres; and
(5)
Between the hours of 8:00 a.m. and 8:00 p.m., prevailing time, Monday
through Saturday only unless one of the holidays falls on a Sunday:
New Year's Day, July 4, or Christmas Day, in which case, use
of explosive targets are permitted to be used on a Sunday.
B.
Prohibited use. It shall be unlawful for any person within the limits
of the Township to detonate an explosive target in any of the following
ways:
(1)
In any manner inconsistent with the provisions set forth in Subsection A, Permitted uses, above.
(2)
Within 100 yards, as measured in a straight line, from the point
of detonation to the property line of any property containing a school,
day-care facility, playground, park, church, kennel, stable, barn
or pasture.
(3)
Without the consent of the owner of the property on which the explosive
target is detonated.
(4)
Carelessly or heedlessly or in wanton disregard of the safety of
others.
(5)
Without due caution or circumspection or in a manner so as to endanger
any person or property and resulting in the bodily injury to a person
or animal or the damage of property of another person.
This chapter shall not be construed to prohibit any of the following:
A.
The use of explosive targets by any federal, Pennsylvania or local
law enforcement officer, or any member of an organized rescue or firefighting
force, in the training for or performance of their official duties.
B.
The detonation of an explosive target at a properly permitted and
approved shooting range or facility operating as such prior to the
adoption of this chapter.
C.
Any individual, group or company that possesses a valid permit and
is operating under all federal and Pennsylvania guidelines prescribed
for such use, i.e., a permit to shoot a film/movie.
D.
This chapter shall not apply to the use of fireworks or pyrotechnics,
as permitted under Pennsylvania law.
In the event of a violation of this chapter, the Township may
commence an action before the Magisterial District Justice in the
same manner provided for the enforcement of summary criminal offenses
under the Pennsylvania Rules of Criminal Procedure and upon a finding
of guilt, a fine of not more than $1,000 per violation may be imposed
and a term of imprisonment to the extent permitted by law for the
punishment of summary offenses may be imposed. Each act and each target
detonated in violation hereunder shall constitute a separate offense.
If any portion of this chapter or its application to any person,
property or circumstance is for any reason held invalid or unconstitutional
by any court, such holding shall not be construed to affect the validity
of any of the remaining provisions of this chapter or its application,
for such portion shall be deemed as a separate, distinct, and independent
provision from the remaining provisions, which shall remain in full
force and effect. It is hereby declared the legislative intent that
this chapter would have been adopted had such invalid or unconstitutional
provision or its application not been included therein.
This chapter shall become effective as provided by law. All
prior ordinances and/or portions thereof inconsistent herewith are
hereby repealed.
