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Agenda - 09-10-20; Item 1 - Additional Discussion on Potential Regulation of the Discharge of Firearms in Areas of the County with High Residential Unit Density
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Agenda - 09-10-20; Item 1 - Additional Discussion on Potential Regulation of the Discharge of Firearms in Areas of the County with High Residential Unit Density
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BOCC
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9/10/2020
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Work Session
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Agenda
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(d) This section does not limit a county's authority to take action under Article 1A of <br />Chapter 166A of the General Statutes. <br /> <br />Primary limitation on regulation of firearms discharge as a nuisance such as through a noise ordinance. <br /> <br />Sport Shooting Range Protection Act of 1997. <br /> <br />14-409.45. Definitions. <br />The following definitions apply in this Article: <br />(1) Person.–An individual, proprietorship, partnership, corporation, club, or <br />other legal entity. <br />(2) Sport shooting range or range. –An area designed and operated for the use of rifles, shotguns, pistols, <br />silhouettes, skeet, trap, black powder, or any other similar sport shooting. <br />(3) Substantial change in use. –The current primary use of the range no longer represents the activity <br />previously engaged in at the range. <br /> <br />14-409.46. Sport shooting range protection. <br />(a) Notwithstanding any other provision of law, a person who owns, operates, or uses a sport shooting range in <br />this State shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution <br />resulting from the operation or use of the range if the range is in compliance with any noise control laws or <br />ordinances that applied to the range and its operation at the time the range began operation. This subsection <br />prohibits enforcement of state or local noise laws against qualifying shooting ranges. <br /> <br />(b) A person who owns, operates, or uses a sport shooting range is not subject to an action for nuisance on <br />the basis of noise or noise pollution, and a State court shall not enjoin the use or operation of a range on the basis <br />of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to <br />the range and its operation at the time the range began operation. This subsection limits civil liability for qualifying <br />shooting ranges in lawsuits by private parties based on noise. <br /> <br />(c) Rules adopted by any State department or agency for limiting levels of noise in terms of decibel level that <br />may occur in the outdoor atmosphere shall not apply to a sport shooting range that was in operation prior to the <br />adoption of the rule. This subsection limits the application of state agency noise rules against qualifying shooting <br />ranges. <br /> <br />(d) A person who acquires title to real property adversely affected by the use of property with a permanently <br />located and improved sport shooting range constructed and initially operated prior to the time the person acquires <br />title shall not maintain a nuisance action on the basis of noise or noise pollution against the person who owns the <br />range to restrain, enjoin, or impede the use of the range. If there is a substantial change in use of the range after <br />the person acquires title, the person may maintain a nuisance action if the action is brought within one year of the <br />date of a substantial change in use. This section does not prohibit actions for negligence or recklessness in the <br />operation of the range or by a person using the range. This subsection limits civil liability of qualifying shooting <br />ranges to subsequent purchasers of neighboring properties. <br /> <br />(e) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of <br />an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later <br />date does not conform to the new ordinance or an amendment to an existing ordinance, provided there has been <br />12
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