[HISTORY: Adopted by the Borough Council of the Borough of Franklin Park 9-20-1995 by Ord. No. 423-95; amended in its entirety 4-15-2015 by Ord. No. 622-2015. Subsequent amendments noted where applicable.]
The following words and phrases, when used in this chapter, shall have the meanings set forth in this section, unless the context clearly indicates a different meaning:
- Any gun which uses air under pressure from any pump or other means to discharge missiles or projectiles at a muzzle velocity in excess of 200 feet per second.
- Any pistol, revolver, rifle, shotgun or any other device which is designed or which may be used for the discharge and propulsion of a bullet, a cartridge, a shell, a shot or any other projectile by means of the burning and explosion of gunpowder or any other explosive.
- 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 which discharges missiles or projectiles through a smooth barrel at a muzzle velocity of less than 200 feet per second.
The discharge of firearms is prohibited. Except in necessary defense of person and property and except as provided in § 116-3 of this chapter, it shall be unlawful for any person to use, fire or discharge any gun or other firearm within the Borough.
The use of air guns or similar devices is prohibited. It shall be unlawful for any person to discharge any air gun, toy air gun, spring gun, spring pistol, BB gun, other similar devices or any implement that is not a firearm but impels a pellet or bullet of any kind with a force that can reasonably be expected to cause bodily harm, at any place within the Borough, except as provided by § 116-3 of this chapter.
This chapter shall not apply to:
Person(s) licensed to hunt in this commonwealth while actually engaged in legal hunting under the laws of the Commonwealth of Pennsylvania.
Any law enforcement officers when used in the discharge of their official duties.
Owner(s) or lessor(s) of five or more acres of ground wherein such ground is used for agricultural or farming purposes or for the raising of livestock for market shall be permitted to use rim fires or shotgun firearms for the destruction of pests such as groundhogs, rats, crows and other animals and fowl when such destruction is otherwise permitted by law.
Members of any organization incorporated under laws of this commonwealth engaged in target shooting upon the grounds or property belonging to or under the control of such organization.
Any person, firm or corporation who shall violate any provision of this chapter or fails to comply therewith or with any of the requirements thereof, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs, including reasonable attorneys' fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this chapter is found to exist and for each section of this chapter found to have been violated. The Borough may also commence appropriate actions in equity to prevent, restrain, correct, enjoin or abate violations of this chapter. All fines and penalties collected for violations of this chapter shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Code Official, the authorized designee of the Borough Manager, and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.