[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).
(b) The provisions of Subsection
A(1) above shall not apply to any person acting in lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his or her duties.
(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.
C. Any person found guilty of a violation of the provisions of Subsection
A shall be fined $300.
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.