[HISTORY: 1988 Code §§ 77-1—77-10 adopted
as amended through December 31, 2013. Additional amendments noted
where applicable: Ord. No. 51-2017; Ord. No. 64-2018]
[Ord. No. 64-2018]
The Municipal Council finds and declares that:
A.
As
a result of the development of the Township, the wooded and uninhabited
areas are decreasing in number and becoming smaller each year.
B.
The
problems associated with trespassing for the purpose of hunting upon
private lands have become greater each year.
C.
The
possibility of accidental injury or death as a result of the use of
firearms, bows and arrows, or other weapons while hunting becomes
greater as the population density of the Township increases.
D.
Deaths
have occurred as a result of hunting accidents.
E.
The
safety, health and welfare of the residents of the Township will be
served by controlling, regulating and restricting the discharge of
firearms.
F.
Nothing
in this Chapter shall be construed to supersede the regulations of
the N.J. Division of Fish and Wildlife and/or any other applicable
State or Federal laws.
[Ord. No. 51-2017; Ord. No. 64-2018]
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in N.J.S.A. 2C:39-1f, any handgun, rifle, shotgun,
machine gun, automatic or semiautomatic rifle, or any gun, device
or instrument in the nature of a weapon from which may be fired or
ejected any solid projectible ball, slug, pellet, missile, or bullet,
or any gas, vapor or other noxious thing, by means of a cartridge,
or shell or by the action of an explosive or the ignition of flammable
or explosive substances. It shall also include, without limitation,
any firearm which is in the nature of an air gun, spring gun or pistol
or other weapon of a similar nature in which the propelling force
is a spring, elastic band, carbon dioxide, compressed or other gas
or vapor, air or compressed air, or is ignited by compressed air and
ejecting a bullet or missile smaller than 3/8 of an inch in diameter,
with sufficient force to injure a person.
Any place, whether indoor or outdoor, designated, used or
intended to be used for the discharge of a firearm as defined in N.J.S.A.
2C:39-1f at a fixed mark or target, excluding skeet or trap shooting.
Any pistol, revolver or other firearm originally designed
or manufactured to be fired by the use of a single hand.
Any firearm designed to be fired from the shoulder and using
the energy of the explosive in a fixed metallic cartridge to fire
a single projectile through a rifled bore for each single pull of
the trigger.
Any firearm designed to be fired from the shoulder and using
the energy of the explosive in a fixed shotgun shell to fire either
a number of ball shot or a single projectile for each pull of the
trigger, or any firearm designed to be fired from the shoulder which
does not fire fixed ammunition.
Anything readily capable of lethal use or of inflicting serious
bodily injury, including but not limited to those listed in N.J.S.A.
2C:39-1(r).
[Ord. No. 53-2014; Ord. No. 64-2018]
No person shall carry and/or discharge any firearm, bow and
arrow, cross bow, air driven weapon, sling shot, or any other weapon
within the Township of Wayne except as set forth hereinafter.
[Ord. No. 53-2014; Ord. No. 64-2018]
The provisions of § 77-3 of this chapter shall not be applicable to the discharge of any firearm, bow and arrow, cross bow, air driven weapon, sling shot, or any other weapon in the following places and/or under the following circumstances, except that the "farmer" exemption in accordance with state law.
A.
Upon
a firearm range which is under the supervision of the Township Police
Department or a legally established rifle or pistol range used for
target practice.
B.
By
members of the Township Police Department, any law enforcement officer
of any municipal, county or state or federal government or any representative
of the Division of Fish and Wildlife, the Department of Environmental
Protection, State of New Jersey, while in the performance of their
official duties in accordance with law.
C.
By
any person in protection of himself/herself, members of his/her family
or his/her guests or in protection of his/her property.
D.
During
a recognized ceremonial event such as the firing of salutes by veterans'
organizations and similar associations as part of patriotic and holiday
activities. This subsection shall not be deemed to create an exception
for any individual discharging a firearm in celebration of holidays
such as the 4th of July, New Year's Eve, etc.
E.
By a person to whom has been issued a permit by an agency of the
State of New Jersey permitting the killing of a bird, animal, vermin
or pest with the type of firearm or weapon permitted thereby, so long
as he/she is in full compliance with all laws, rules and regulations
applicable to such permit holder.
F.
Vehicular transportation of unloaded firearms in accordance with
N.J.S.A. 2C:39-6.
[Ord. No. 51-2017]
The procedure for the issuance of a target range permit shall
be as follows:
A.
Each person maintaining and conducting a firearm or target range or constructing a new firearm or target range shall apply for a target range operating permit. Application for the permit shall be in writing, in duplicate, on forms prescribed by the Township and shall be submitted to the Township Clerk. An application fee as provided in Chapter 75, Fees, shall be paid upon filing an application for a permit to operate a new target range. Firearm or target ranges under the ownership and supervision of the Wayne Police Department are exempt from the permit requirement set forth herein.
B.
The application shall set forth:
(1)
The name and address of the record owner of the real estate upon
which such range is or will be located.
(2)
The name and address of the person who is or will be in charge of
and responsible for the operation and maintenance of such range.
(3)
A description, by sketch or otherwise, of the range, including the
lot and block numbers, as shown on the Tax Assessment Map, upon which
the range is or will be located, and the location upon the lot of
the range, stating the distance in feet between the firing points
and the farthest targets, between the targets and the nearest property
lines and between the firing points and the nearest property lines.
Said sketch or description shall also show all houses, barns or other
buildings and all streets or highways within 500 feet of any part
of said range.
(4)
A full and complete description of the construction plan of the area
for stopping and controlling bullets to include steel containment
traps. Rubber berm traps are not permitted.
(5)
Proof of zoning permit from the Department of Planning.
(6)
A copy of any contracts for lead disposal and/or plan for same.
C.
The application shall be signed by the applicant. If the applicant
is not the record owner or exclusive lessee of the property on which
said range is or will be located, the application shall be signed
also by said owner or lessee. A copy of the lease agreement must accompany
the application.
D.
Upon filing an application with the Township Clerk, the applicant(s)
shall respond to the Police Department's Records Bureau with a current
driver's license or other government issued photo identification.
Each person shall be photographed and be provided with a fingerprint
form from a fingerprint vendor authorized by the State of New Jersey.
Each person shall, at their own expense, respond to the authorized
fingerprint vendor's location for a fingerprint check.
E.
Upon receipt of the results of the fingerprint check, the Chief of
Police or his duly authorized representative shall notify the Township
Clerk's Office of those results.
F.
Upon completion, the application is subject to administrative review
as applicable to this chapter before it is presented to the Municipal
Council. Upon completion of the administrative review, a written report
shall be filed with the Township Clerk. If the application is not
approved, the reasons therefor shall be set forth in writing, the
copy of the application and reasons shall be returned to the applicant,
and no further action shall be taken with respect to the application.
If the application is approved, the application with the approval
endorsed thereon shall be submitted to the Municipal Council who may
thereupon grant a permit or may conduct such further investigation
of the facts set forth in the application as it shall deem necessary.
In no event shall a permit be granted or issued where it appears that
the discharge of the firearms by the applicant or under the applicant's
direction or operation at the place stated in the application will
become or constitute a menace to the safety, health or general welfare
of the inhabitants of the Township.
[Ord. No. 51-2017]
No operating permit shall be issued for any firearm or target
range unless, in addition to other requirements and specifications
provided in this chapter, said firearm or target range is constructed
and maintained in compliance with the following specifications:
A.
Shall meet all applicable federal and state laws, local zoning, fire
code, and construction code requirements as may be applicable.
B.
Must comply with the National Rifle Association standards for safety,
as applicable.
C.
Must conform to Environmental Protection Agency and/or Department
of Environmental Protection standards for air quality, ventilation
systems, and lead disposal.
D.
Must meet all applicable safety standards, including but not limited
to OSHA, NSSF, and NIOSH.
[Ord. No. 51-2017]
The issuance of a permit pursuant to the provisions of this
chapter shall not relieve the holder thereof of the obligation to
secure any other permit or license required by any applicable ordinance,
statute or regulation.
[Ord. No. 51-2017]
A.
The Health Department and Fire Bureau shall conduct an inspection
as part of the annual permit renewal of all facilities permitted under
this chapter to determine compliance with this chapter and all other
applicable laws and standards. Inspections shall be permitted at all
other times as may be necessary to ensure the health, safety and general
welfare of the public.
B.
No renewal permit will be issued without the submission of an annual
lead disposal report and quarterly certifications for disposal of
lead discharge.
[Ord. No. 51-2017]
In addition to the penalty specified in § 77-11 hereof, any permit issued under this chapter may be revoked for cause at any time by the Council after due notice and hearing. The term "for cause," as used in this section, shall include but not by way of limitation any violation of the provisions of this chapter and circumstances where it appears that discharge of the firearms by the permittee or under the permittee's direction or operation at the place stated in the permit has become or constitutes a menace to the safety, health or general welfare of the inhabitants of the Township.
