[HISTORY: Adopted by the Board of Supervisors
of the Township of Potter 7-12-2000 by Ord. No. 84. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Firearm Ordinance."
The following words and phrases when used in
this chapter shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
Any type of bodily injury as defined under the Crimes Code,
as amended, 18 Pa.C.S.A. § 2301, including, but not limited
to, impairment of physical condition or substantial pain.
Any type of weapon or device which, in the manner in which
it is used or intended to be used, propels a projectile through the
use of a force that is calculated or can reasonably be expected to
cause bodily harm, including, but not limited to, bow and arrow.
Any type of firearm or device which impels a pellet or projectile
through the use of a force that is calculated or can reasonably be
expected to cause bodily harm, including, but not limited to, pistol,
revolver, shotgun, rifle, whether automatic, semiautomatic or single
shot.
The Township of Potter, Beaver County, Pennsylvania.
It shall be unlawful for any person to use,
fire, or discharge any firearm or deadly weapon within the Township.
The prohibited conduct in § 104-3 shall not apply to the following:
C.
A person duly licensed by the Commonwealth of Pennsylvania
under Chapter 27, Hunting and Furtaking, of the Game and Wildlife
Code, as amended, 34 Pa.C.S.A. Chapter 27,[2] whose conduct in the use, firing, or discharge of any
firearm or deadly weapon is in pursuit of game while hunting pursuant
to the hunting license during the appropriate hunting season, provided
all of the following apply:
(1)
The person has in his or her possession the valid
hunting license.
(2)
The person is the owner or lessee of the property
on whose property the use, firing, or discharge occurs.
(3)
The person has the valid consent of the owner or lessee
of the property on which the use, firing, or discharge occurs.
[2]
Editor's Note: See 18 Pa.C.S.A. § 2701
et seq.
D.
A person whose conduct in the use, firing, or discharge
of any firearm or deadly weapon is in pursuit of target sport while
target shooting, provided all of the following apply:
(1)
The owner or lessee of the property on whose property
the use, firing, or discharge occurs possesses a valid occupancy permit
for the target range use.
(2)
The owner or lessee of the property on whose property
the use, firing, or discharge occurs is operating the target range
in conformance with all rules, regulations and procedures promulgated
by a nationally recognized body, such as the National Rifle Association
or American Trapshooting Association.
(3)
The person is the owner or lessee of the property
on whose property the use, firing, or discharge occurs.
(4)
The person has the valid consent of the owner or lessee
of the property on which the use, firing, or discharge occurs.
E.
A person whose conduct in the use, firing, or discharge
of any firearm or deadly weapon complies with all of the following:
(1)
The person is the owner or lessee of the property
on whose property the use, firing, or discharge occurs.
(2)
The person has the valid consent of the owner or lessee
of the property on which the use, firing, or discharge occurs.
(3)
The person's conduct in the use, firing, or discharge
does not endanger any person or property of another.
(4)
The projectile does not traverse the boundary lines
of the property on which the use, firing, or discharge occurs.
(5)
In the event the object of the use, firing or discharge
is the death of fowl, animals or other pests which may be destroying
growing crops or have become a nuisance to habitation, the person
has secured the valid consent of the Chief of Police or his or her
designated representative.
