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HomeMy WebLinkAbout#4 Proposed FIREARMS DISCHARGE ORDINANCEDraft #4 10/28/2014 1 FIREARMS DISCHARGE ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA Harnett County Board Of Commissioners Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore Barbara McKoy Joe Miller Draft #4 10/28/2014 2 Table of Contents Section 1 Title………………………………………………. 3 Section 2 Purpose…………………………………………... 3 Section 3 Authority and Enactment………………………. 3 Section 4 Jurisdiction………………………………………. 3 Section 5 Administration…………………………………… 3 Section 6 Severability………………………………………. 3 Section 7 Conflict with Other Laws……………………….. 3 Section 8 Amendment………………………………………. 3 Section 9 Definition……...………………………………….. 4 Section 10 Firearm Restrictions……………………………. 4 Section 11 Exceptions……………………………………….. 4 Section 12 Violations and Penalties………………………… 5 Section 13 Effective Date……………………………………. 5 Draft #4 10/28/2014 3 Section 1 Title This Ordinance shall be known and cited as the “Harnett County Firearms Discharge Ordinance” (hereinafter referred to as “Ordinance”). Section 2 Purpose The purpose of this Ordinance is to implement standards for the discharge of firearms that may cause injury, death or damage to personal property, whereas preserving the personal freedom to engage in such activities, while promoting public health, safety, welfare, comfort and prosperity of the citizens of Harnett County. Section 3 Authority and Enactment The Board of Commissioners of the County of Harnett, pursuant to the authority conferred by the General Assembly of the State of North Carolina in General Statues Chapter 153A – 129 hereby ordains and enacts into law this Ordinance. Section 4 Jurisdiction Under the authority granted by North Carolina General Statue 153A-122, the county is hereby authorized to enact this Ordinance within the rural areas of the county and outside and beyond the corporate limits of any municipality of Harnett County. Section 5 Administration The Sheriff of Harnett County, or his/her designee, shall be responsible for the administration and enforcement of this Ordinance. Section 6 Severability If any section of specific provision or standard of this Ordinance is found by a court to be invalid, the decision of the court shall not affect the validity of any other section, provision, or standard of this Ordinance. Section 7 Conflict with Other Laws It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with any existing provisions of any other ordinances or laws. However, if the requirements of any other lawfully adopted rules, regulations, or ordinances of the County of Harnett conflict with this Ordinance, the more restrictive or that imposing the higher standards will govern. Section 8 Amendment This Ordinance may be amended from time to time by the Board of Commissioners of the County of Harnett on its own motion or on petition and after public notice and hearing. Draft #4 10/28/2014 4 Section 9 Definition Firearm A handgun, shotgun, rifle, cannon or any device which is capable of expelling a projectile using an explosive charge as a propellant. Section 10 Firearm Restrictions It shall be unlawful for any person to discharge a firearm: A. Within five hundred (500) feet as measured in a straight line from the point of discharge to the property line of any school, church, daycare, or nursing home; or B. On a parcel of property that contains 10,000 sq. feet or less in overall dimension; or C. Carelessly and heedlessly, so as to endanger any person or property; or D. Without due caution or circumspection and in a manner so as to endanger any person or property and resulting in the unlawful property damage or bodily injury of another; or E. In a manner resulting in the projectile crossing the property line of another person without written permission of the owner; or F. While under the influence of alcohol or a controlled substance (under the influence: determination by the investigating officer that the person is intoxicated by alcohol or a narcotic to the point where physical and mental faculties are appreciably diminished); or G. When discharged on, from, or across the traveled portion of any public street or highway; or H. When discharged from a motor vehicle; or I. From the hours of sundown to sunrise; or J. Without a backstop or other method of containment that will adequately contain the projectile to the property upon which it was discharged. Section 11 Exceptions This Ordinance shall not be construed to rescind any of the state wildlife laws of North Carolina nor shall it be construed to prohibit the following: A. Any citizen from discharging a firearm when lawfully defending his person or property. Draft #4 10/28/2014 5 B. Officers and enlisted personnel of the armed forces of the United States while in the performance of their official duties and acting under orders requiring them to carry arms, weapons or explosives. C. Civil officers of the United States while in the performance of their official duties. D. Officers of the state or of any county, city, or town charged with the execution of the laws of the state when acting in the performance of their official duties. E. The discharge of a firearm at a properly permitted and approved firing range or facility operating as such prior to the adoption of the Ordinance. F. Any citizen from discharging a firearm when protecting against the attack of any dangerous or destructive animal or reptile. G. The discharges of a firearm while participating in a special event such as turkey shoots that hold a valid local county permit. H. The performance of an historical ceremony or commemorative functions that are conducted involving the discharge of firearms that do not involve the release of projectiles. I. The discharge of a firearm while in the process of lawfully hunting wild birds and/or animals in accordance with Chapter 113, Subchapter IV of the North Carolina General Statutes. J. Discharging a firearm into a device that is designed to receive and contain projectiles without risk of escape, which is located within the confines of an enclosed structure. Section 12 Violations and Penalty Each violation of this Ordinance shall constitute a Class 3 misdemeanor and any person convicted of the same shall be fined not more than five hundred ($500.00) dollars and/or imprisonment not exceeding thirty (30) days. A violation of this Ordinance may be enforced by an appropriate, equitable remedy, including injunction and order of abatement issued from a court of competent jurisdiction in accordance with North Carolina General Statue 153A-123. Furthermore, a violation may cause a civil penalty to be recovered by Harnett County in a civil action in the nature of a debt. Each day’s continuing violation of this Ordinance shall constitute a separate and distinct offense. Section 13 Effective Date This Ordinance shall take effect and be in force upon adoption.