Chapter 9 SHOOTING RANGES[1]
This chapter is intended to regulate the establishment and operation of shooting range facilities. Such recreational and training complexes, due to their potential noise impacts and safety concerns, merit careful review to minimize public safety risks and adverse effects on adjoining properties. This chapter does not otherwise apply to the general discharge of firearms or the use of bows and arrows in accordance with all other applicable laws or regulations. Shooting ranges, whether licensed or unlicensed, are subject this chapter and all other ordinances referenced; however, section 38-105(4) shall not apply to the discharge of firearms inside or in relation to a licensed shooting range.
(Ord. of 8-12-14)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, as consistent with the definitions contained in section 38-103 unless defined otherwise, except where the context clearly indicates a different meaning:
EPA Lead Management Guidelines means, at any given time, the latest edition of the United States Environmental Protection Agency's Best Management Practices for Lead at Shooting Ranges.
Firearm means a weapon, including but not limited to pistols, rifles, and shotguns, capable of firing a projectile using an explosive charge as a propellant.
Firing line means a line parallel to a target from which firearms or arrows are discharged.
Indoor shooting range facility means a public or private facility, including individual shooting ranges, safety fans or shotfall zones, structures, parking areas, and other associated improvements, designed for the purpose of providing an indoor place for the discharge of various types of firearms or the practice of archery.
New shooting range facility means an indoor shooting range facility that was not lawfully preexisting as of August 12, 2014.
Occupied dwelling means any property on which is located a building or structure used wholly or partially for living or sleeping purposes and includes the words "intended, designed or arranged to be" occupied.
Safety fan means an area on a shooting range facility designed to contain all projectiles fired from a shooting range.
Shooting gallery is the term used by the Rhode Island General Assembly and for the purposes of this chapter is the same as indoor shooting range or indoor shooting range facility.
Shooting station means a fixed point from which firearms or arrows are discharged.
Shotfall zone(s) means an area within which the shot or pellets contained in a shotgun shell typically fall.
Structure means a walled and roofed building that is principally above ground; a manufactured or mobile home; a storage tank for gases or liquids; or any other permanent, manmade facilities.
Target means any object or area which is used as the intended recipient of the projectiles fired from a firearm.
Town means the Town of Tiverton, Rhode Island, or the area within the territorial limits of the town, and such territory outside of the town over which the town has jurisdiction or control by virtue or ownership or any constitutional or Charter provision or any law.
(Ord. of 8-12-14)
This chapter is applicable to all existing and future shooting range facilities in the town. See article IV for specific time limits for licensing of existing shooting range facilities.
(Ord. of 8-12-14)
Sec. 9-4. Performance standards.
The following performance standards shall apply to all shooting range facilities:
(1) Shot containment. Shooting range facilities shall be designed to contain, and shall contain all of the bullets, shot, or arrows or any other debris on the range facility. Failure to contain all such bullets, shot, or arrows shall be prima facia evidence of a violation of this chapter.
(2) Noise mitigation. Shooting range facilities shall also be consistent with section 38-136 as to all allowable noise levels and noise disturbances. See section 8-23 for further requirements for indoor shooting range facilities.
(Ord. of 8-12-14)
Sec. 9-5. Minimum design requirements.
Where not otherwise specified within this chapter or other applicable law, shooting range facilities shall meet or exceed the design standards specified by the (insert date here) edition of the NRA Range Source Book.
(Ord. of 8-12-14)
Where not otherwise specified within this chapter, shooting range facilities shall be operated and maintained in a manner that shall meet or exceed the standards specified in the (insert date here) edition of the NRA Range Source Book.
(Ord. of 8-12-14)
Sec. 9-7. Liability insurance.
The licensee shall be required to carry liability insurance with a minimum of $1,000,000.00 per occurrence and $2,000,000.00 aggregate coverage. The Town shall be notified of any policy changes or lapses in coverage.
(Ord. of 8-12-14)
Any person operating an unlicensed shooting range facility or operating a licensed shooting range facility who violates any of the provisions of this chapter shall be subject to a civil penalty of not less than $200.00 for the first offense, and $500.00 for each subsequent offense, plus court costs and costs of prosecution, including but not limited to attorney's fees. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation. Each day of a continued violation shall constitute a separate violation and any such penalty shall be recovered for the use of the town.
(Ord. of 8-12-14)
Sec. 9-21. Hours of operation.
Indoor shooting range facilities shall be permitted to operate as licensed by the town council. In setting hours of operation, the town council shall consider the character of the area and the historical use, if any, of the shooting range facility.
(Ord. of 8-12-14)
Sec. 9-22. Developmental requirements for indoor shooting range facilities.
Any shooting range facility located indoors must comply with the following requirements, in addition to any other requirements of this chapter:
(1) Setbacks. All shooting stations and targets on an indoor shooting range facility shall be located so as to comply with zoning setbacks without consideration of any dimensional variances.
(2) Access to shooting range. Access to the shooting stations, targets, and firing line shall be secured and controlled, with ingress and egress permitted only during operating hours.
(3) Best management practices. The shooting range facility shall provide a plan outlining its best management practices relating to lead management. Said plan shall meet or exceed the standards set forth in the EPA Lead Management Guidelines.
(Ord. of 8-12-14)
(a) Lawful preexisting indoor shooting range facilities. Lawful preexisting indoor shooting range facilities shall only be liable for exceeding the noise limits set forth in section 38-136 to the extent allowed by state law, as measured from any property line. See G.L. § 11-47-62 and Tiverton Code of Ordinances section 38-105(4).
(b) New indoor shooting range facilities. New indoor shooting range facilities shall be consistent with section 38-136 as to all allowable noise levels and noise disturbances, as measured from any property line. Section 38-105(4) shall be inapplicable to new indoor shooting range facilities.
(Ord. of 8-12-14)
Consistent with G.L. § 5-2-5, every indoor shooting range facility (i.e. shooting gallery) shall require a license from the town council. No new indoor shooting range facility shall receive a certificate of occupancy nor open for business with first obtaining such license. Any lawfully preexisting shooting range facility shall apply for such license within 90 days of adoption of the ordinance from which this chapter is derived (August 12, 2014), and shall not be allowed to continue operating if such license is not issued within 60 days of such application.
(Ord. of 8-12-14)
Sec. 9-62. License application.
An applicant for a license under this chapter shall submit an application to the town council in a form adopted by the town clerk and provided by the town clerk.
(Ord. of 8-12-14)
There shall be an application fee of $50.00, as authorized by G.L. § 5-2-6, and the applicant shall be responsible to reimburse the town for reasonable costs of engineering and other professional services as needed to review the application, and for advertising of the public hearing as set forth herein.
(Ord. of 8-12-14)
Sec. 9-64. Required information.
The applicant shall provide sufficient information to demonstrate compliance with all of the provisions of this chapter.
(Ord. of 8-12-14)
A site plan for the entire shooting range facility which shows the following applicable information drawn to an appropriate scale, shall accompany the license application:
(1) Property lines for any parcel upon which the shooting range facility is to be located, north arrow, plan scale, date, and ownership information for the site;
(2) Complete layout of each shooting range facility, including, shooting stations and firing lines, target areas, shot-fall zones or backstops, berms, and baffles, if any;
(3) In addition, any new indoor shooting range facility submitting an initial application must also provide in its site plan: Existing structures and occupied dwellings within 400 feet; roads, streets, or other access areas; buffer areas; and parking areas for the shooting range facility.
Any other appropriate information related to the specific type of shooting range facility, whether existing or proposed.
(Ord. of 8-12-14)
Upon receipt of an application by an unlicensed shooting range facility, the town's police department shall conduct a criminal records check on the owner and lessee, if any, of the shooting range facility and on the individual designated to operate the shooting range facility, if different from the owner or lessee. In the case of a shooting range facility owned or managed by a non-profit organization or association, the town's police department shall conduct a criminal records check on the officers of that organization or association. Upon completion of the criminal records check, the police department shall forward its findings to the town council.
(Ord. of 8-12-14)
Sec. 9-67. Town council hearing.
The town council shall hold a public hearing to determine whether to issue a license. Upon receipt of an application by an unlicensed shooting range facility, notice of such public hearing shall be advertised at least ten days prior thereto, and mailed by regular mail to the owners of all property within 400 feet of perimeter of the property on which the shooting range facility is located, at least 14 days prior to the hearing. Renewal applications for a licensed shooting range facility shall only require advertising and shall not require notice by regular mail.
(Ord. of 8-12-14)
Sec. 9-68. Term of license, renewal, transfer.
Such license will be valid from December 1 of each year until November 30 of the following year. Partial year licenses shall expire on November 30. Prior to the license's renewal, the shooting range facility shall be re-inspected by the town's police department. License renewals shall require a public hearing. A license issued pursuant to this chapter may not be transferred to another operator and/or owner without the written approval and consent of the town council following a public hearing and notice as if it were a new license.
(Ord. of 8-12-14)
Sec. 9-81. Abandonment and discontinuance.
The non-use of a shooting range facility for a period in excess of one year shall create the presumption that said shooting range facility is abandoned, and any current, valid licenses issued shall terminate. Any previously-licensed shooting range facility that has not held a valid license within one year shall require a license as a new shooting range facility for the purposes of this chapter.
(Ord. of 8-12-14)
Sec. 9-82. Changes or expansions.
If any shooting range facility is intended to be substantially changed or expanded to include types of shooting ranges, operations, or activities not covered by an existing license, a new license for the entire facility shall be secured in accordance with all of the provisions of this chapter. Further, any license issued hereunder does not relieve the licensee of compliance with all other applicable town ordinances.
(Ord. of 8-12-14)
The town's police department shall be responsible for the enforcement of this chapter and is authorized to inspect any licensed or unlicensed shooting range facility. The town's police department shall inspect any shooting range facility prior to the grant of a license, during the course of license in response to complaints, and from time to time. Any violation of this chapter or of any condition or requirement adopted pursuant to these provisions may be restrained, corrected, or abated, as the case may be, by injunction or by other appropriate proceedings as allowed by state law.
(Ord. of 8-12-14)
Sec. 9-84. Penalty for a shooting range facility in violation of this chapter.
(a) Violators of any of the provisions of this article shall, upon conviction, be punished according to the provisions of section 9-8.
(b) Suit may be instituted in the superior court in the name of the town to restrain any violation of, or compel compliance with, this chapter.
(c) The chief of police may suspend any license for reasons of immediate public safety, with the duration of such suspension being not longer than the time until the next regularly-scheduled town council meeting. The town council may, on its own, suspend any license for reasons of immediate public safety, with the duration of such suspension until the next regularly-scheduled town council meeting at which an adequately-noticed show cause hearing can be held.
(d) The town council shall have the authority, following adequate notice to the license holder and a show cause hearing, to suspend or revoke any license obtained under provisions of this article for violations of any provisions of this article.
(Ord. of 8-12-14)
[1]Editor's note(s)—An ordinance of August 12, 2014, set out provisions intended for use as chapter 8. For purposes of classification, and at the editor's discretion, these provisions have been included as chapter 9.