Town of South Berwick, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of South Berwick 2-26-2001. Amendments noted where applicable.]
073a Map
This chapter shall be known as the "Firearms Discharge Ordinance of the Town of South Berwick."
As used in this chapter, the following terms shall have the meanings indicated:
Any instrument used in the propulsion of pellet, shot, slug, or bullet by the action of gunpowder exploded or released within it.
A smooth-bore gun, single- or double-barreled, pump action or semi-automatic, and usually breach loaded.
The area of South Berwick regulated by this chapter shall be called the "Firearms Public Safety Zone."
Description of zone.
The Firearms Public Safety Zone consists of that portion of the Town of South Berwick described below:
Starting at the intersection of Agamenticus Road and Portland Street (Soldier's Monument) and continuing east on Agamenticus Road to Crooker Lane; continuing east on Crooker Lane to what is known as the power line of Central Maine Power, turning right and southwest along the power line until the power line intersects the Great Works River; continuing on the north-side bank of the Great Works River, turning westerly to meet Route 236; following Route 236 south to the intersection of Old South Road; turning right and following Old South Road to Brattle Street to Vine Street to the Salmon Falls River; following the Salmon Falls River bordering the state line to the Salmon Falls railroad bridge; turning right and following the Boston and Maine railroad tracks northerly to the Berwick town line; following the Berwick town line northeast to Portland Street, then following Portland Street to where it intersects with Agamenticus Road at Soldier's Monument.
Where streets or roads are identified in the above description, the entire right-of-way is included.
The Firearms Public Safety Zone is depicted on the attached "Firearms Public Safety Zone Map."[1] In the event of a conflict or inconsistency between the map and Subsection B above, the text of Subsection B shall control.
Editor's Note: Said map is included at the end of this chapter.
It shall be unlawful to discharge a firearm within or into the Firearms Public Safety Zone described in § 73-3B of this chapter.
The following discharges are exempted from § 73-4, Unlawful discharge:
Discharge by law enforcement officers in the lawful performance of their duties.
Discharge of a shotgun by a person properly licensed during legal hunting/trapping season of wild animals and birds. A .22 caliber handgun may be used by a licensed trapper during legal trapping season.
Discharge at military events, including exercises, funerals, or reviews.
Discharge at ceremonial or memorial events.
Discharge for lawful defense/protection of one's self, family, or property.
If any person legally wounds a wild animal outside the Firearms Public Safety Zone, that person may pursue that animal in the Firearms Public Safety Zone and kill the animal with any firearm without violating this chapter, provided that the authorization to pursue such animal into the Firearms Public Safety Zone was obtained first from the South Berwick Police Department.
Violation of this chapter by any person shall constitute a civil violation and shall be subject to the following civil penalties:
First violation: a fine of not less that $100 nor more than $500.
Second and subsequent violations within five years of the first violation: a fine of not less than $250 nor more than $500 for each violation.
All fines imposed herein shall accrue to the benefit of the Town of South Berwick.
Any officer of the South Berwick Police Department and any other duly authorized state or county law enforcement officer shall enforce this chapter.
Upon adoption, the Town Council shall make reasonable efforts to assure adequate public notice of the existence of this chapter. Signs shall be placed on roads entering the Town of South Berwick, at or near the Town line. However, it is not a defense to enforcement of this chapter that a person did not see a sign or otherwise get actual notice of the existence of the chapter.