[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.
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.
A.
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.
B.
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:
A.
Person(s) licensed to hunt in this commonwealth while actually engaged
in legal hunting under the laws of the Commonwealth of Pennsylvania.
B.
Any law enforcement officers when used in the discharge of their
official duties.
C.
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.
D.
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.
