[Adopted as Sec. 10-3 of the 1965 Code (Ch. 197 of the 1986 Code)]
[Amended 11-21-1988 by Ord. No. 88-2468A]
It shall be unlawful for any person to sell or expose for sale, use or cause or permit to be used, an instrument or weapon of the kind usually known as "air rifle," "air gun" or ammunition therefor, "slingshot," "bean blower," "switchblade knife," "automatic knife," "push-button knife," "snap knife," "swingback knife" or "spring blade knife," "water pistol" or "air pistol," or any instrument or product designed to project a string or streamer of plastic material.
[Added 12-4-1991 by Ord. No. 91-4129B]
A.
Restrictions.
(1)
Limitations on public and private property.
(a)
No person shall fire or discharge a rifle or handgun, except such rifles or handguns as defined and described in MGL c. 140, § 121 (A) and (B), within the limits of any private property, except with the consent of the owner or legal occupant thereof. No person shall fire or discharge a firearm, of any kind, within the limits of a public way or sidewalk. No person shall fire or discharge a firearm, of any kind, for a purpose other than hunting, within the limits of any other public property, except with the written permission of the officer, authority, board, commission, committee or trustees in charge thereof. Where and when, pursuant to the provisions of MGL c. 131, § 59, hunting is permitted within the limits of public property, the firing or discharge of firearms for such purpose shall be limited to shotguns and such rifles and handguns as are defined and described in MGL c. 140, § 121 (A) and (B).
(2)
Endangering safety; destruction of property.
(a)
No person shall, upon any public or private property, discharge a firearm, rifle or shotgun of any kind, or release an arrow from a bow or crossbow, in such a manner so as to endanger the lives or safety of the public or to create the risk of damage to or destruction of the real or personal property of another.
(b)
The preceding paragraph shall not apply to an enforcement officer in the performance of his or her official duties when such officer is lawfully utilizing lethal force under either the theory of self-defense or the theory of privilege, nor shall the preceding paragraph apply to any person lawfully exercising a right of self-defense.
B.
Whoever remains in, on or upon any premises described herein in willful violation of any of the provisions of the preceding sections may be arrested without a warrant by a police officer acting pursuant to the provisions of MGL c. 272, § 59, and such person shall be deemed to have committed an act of criminal trespass.
D.
Subject to the appropriation of necessary funds and, where applicable, the permission of the Massachusetts Department of Public Works, the Chief of Police shall cause to be erected and maintained upon each public way entering the City of Marlborough signage alerting and advising persons entering the City of the existence of the restrictions and prohibitions of this chapter. Nothing in this section shall be deemed to require such postings upon limited access highways.
E.
The Conservation Officer or his designee shall maintain a map or plan of all property owned, leased or controlled by the City of Marlborough and an index of the officer, authority, board, commission, committee or trustees in control of the same. Such map or plan and index shall be available for public review and inspection during the normal business hours of the Conservation Officer.
