[Ord. of 5-20-1997; Ord. No. 2002.62, 10-1-2002]
It is unlawful for a person to shoot or discharge a firearm of any kind or description in the City within 100 yards of a residential dwelling without the permission of the owner, or in his absence an adult occupant of that dwelling as set forth in 12 M.R.S.A. § 7406(13).
[Ord. of 5-20-1997; Ord. No. 2002.62, 10-1-2002]
It is unlawful for a person to shoot or discharge a firearm of any kind or description in the City in a reckless manner pursuant to 17-A M.R.S.A. §§ 208-A and 211.
[Ord. No. 2002.62, 10-1-2002; Ord. No. 2003.29, 3-18-2003]
It is unlawful for a person to discharge a firearm as defined in Section 40-45 in or into the "No discharge of firearms zone" in described Section 40-45.
[Ord. of 5-20-1997; Ord. No. 2002.62, 10-1-2002; Ord. No. 2003.29, 3-18-2003; Ord. No. 2006.5, 4-4-2006]
(a) 
The provisions of Sections 40-42 through 40-43 shall not apply in the following cases.
(1) 
Approved firearms range.
(2) 
Raccoon hunting at night with a .22 long rifle caliber firearm.
(3) 
Trappers tending their traps.
(4) 
Military funerals or reviews.
(5) 
Memorial events.
(6) 
Law enforcement officers in the performance of their duties.
(7) 
In the destruction of a dangerous animal as authorized by law.
(8) 
Hunters retrieving a wounded bird or animal.
(9) 
Hunting of wildlife pursuant to a depredation permit issued by the Maine State Department of Inland Fisheries and Wildlife allowing the removal of wildlife causing property damage, and with written permission from the Chief of Police.
(b) 
Nothing in this section shall infringe upon the statutory right of a person to act in self defense as set forth in the Maine Revised Statutes.
[Ord. of 5-20-1997; Ord. No. 2002.62, 10-1-2002; Ord. No. 2003.29, 3-18-2003]
As used in this chapter, the following terms have the following meanings.
APPROVED FIREARMS RANGE
An approved firearms range having a backstop constructed of logs or timbers at least 12 inches in diameter with an earth barrier behind or an earth barrier of suitable materials with no less than a 45° slope. There shall be a natural obstruction of trees or terrain to the rear of the backstop. The target area shall be placed no less than three feet from the top and sides of the backstop. The range widths of the target shall be no less than 15 feet, for 50 yards; 25 feet for 100 yards; and 50 feet for 200 yards. No range shall be situated less than 100 feet from the nearest roadway. No shooting is allowed between the hours of sunset and sunrise. These regulations do not apply to indoor shooting ranges.
FIREARM
Any weapon whether loaded or unloaded, which is designed to expel a projectile by the action of an explosive, and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun, or shotgun. A weapon which can be made into a firearm by the insertion of a firing pin, or other similar thing, or repair, is a firearm.
MUZZLE-LOADING FIREARM
A rifle or smooth-bored firearm, patch and ball only, that is loaded through the muzzle with powder or priming charge or flint, match or wheel lock mechanism.
NO DISCHARGE OF FIREARMS ZONE
That part of the City encompassed within the following boundaries:
Beginning at a point on the border between Biddeford and Saco in the Saco River, said point also being at or near the Main Street Bridge;
Thence running in a generally southeasterly direction, along the border between Biddeford and Saco to a point on the border that would intersect to a straight line drawn from the center line easterly most side of the West Brook outlet;
Thence running in a generally southwesterly direction to a point 50 feet upland and parallel to the mean high water line of the main body of the Saco River to a point, said point being on the easterly most side of the West Brook outlet;
Thence running in a generally southeasterly direction, 50 feet upland and parallel to the mean high water line of the main body of the Saco River to a point, said point being the rock jetty at Hills Beach.
Thence running in a generally southeasterly direction, 50 feet upland and parallel to the mean high water line of the Atlantic Ocean, to the opening to the Biddeford Pool, more commonly known as "The Gut";
Thence running in a generally counter clockwise direction, 50 feet upland and parallel to the mean high water line of the Biddeford Pool to the opening to the Atlantic Ocean known as "The Gut";
Thence running in a generally northeasterly direction, 50 feet upland and parallel to the mean high water line of the Atlantic Ocean to East Point;
Thence running in a generally southwesterly direction, 50 feet upland and parallel to the mean high water line of the Atlantic Ocean to the Little River;
Thence running in a generally northerly direction, 50 feet upland and parallel to the mean high water line of the navigable portion of the Little River;
Thence running 50 feet, more or less, to the mean high water line of the Little River;
Thence running in a generally southwesterly direction, along the mean high water line of the Little River to a point, said point being the intersection of the mean high water line and the extension of the Biddeford-Kennebunkport Town line;
Thence running northwesterly along extension of the Biddeford-Kennebunkport Town Line and the Biddeford-Kennebunkport Town Line, each in part to a point, said point being the intersection of the Biddeford-Kennebunkport Town Line and the right-of-way line on the westerly side of Pool Street, also known as State Route 9;
Thence running along the last mentioned right-of-way line in varying directions, to a point, said point being the intersection of the right-of-way on the southerly side of Pool Street and the southerly right-of-way line of Meetinghouse Road;
Thence running in a generally northwesterly direction, along the southerly right-of-way line of Meetinghouse Road, to a point, said point being the intersection of the southerly right-of-way line of Meetinghouse Road and the right-of-way line on the southerly side of Pool Street;
Thence running in a generally northwesterly direction, along the right-of-way line on the southerly side of Pool Street to a point, said point being the intersection of the right-of-way line on the southerly side of Pool Street and the easterly bank of west Brook;
Thence running in a generally southwesterly direction, along the easterly bank of West Brook to Wilcox Pond;
Thence running in a generally southerly direction, along the easterly shore line of Wilcox Pond to the easterly bank of West Brook.
Thence running in a generally southerly direction, along the easterly bank of West Brook to a point 1,200 feet, more or less, northeasterly of the end of Granite Street Extension;
Thence running southwesterly parallel to Granite Street Extension, 1,800 feet, more or less, to a point 900 feet, more or less, southerly of the right-of-way at the end of Granite Street Extension;
Thence running in a generally westerly direction, perpendicular to the last mentioned line in a northwesterly direction, 2,250 feet, more or less, to the southerly bank of the southern leg of Richardson Brook;
Thence running along the southerly bank of the southern leg of Richardson Brook to Richardson Brook;
Thence running in a generally northerly direction, along the bank of the southerly side of Richardson Brook to a point, said point being the intersection of the bank on the westerly side of Richardson Brook and the southwesterly right-of-way line of Precourt Street, also known as the Turnpike Connector;
Thence running northwesterly along the southwesterly right-of-way line of Precourt Street to a point, said point being the intersection of the southwesterly right-of-way line of Precourt Street and the southerly right-of-way line of Alfred Street, also known as State Route 111;
Thence running in a westerly direction, along the southerly right-of-way line to a point, said point being the intersection of the southerly right-of-way line of Alfred Street and the westerly right-of-way line of Interstate 95, also known as the Maine Turnpike;
Thence running in a northerly direction, along the westerly right-of-way line of Interstate 95 to a point, said point being the intersection of the westerly right-of-way line of Interstate 95 and the mean high water line of the Saco River;
Thence running in a generally easterly direction, along the mean high water line of the Saco River to a point on the westerly side of the boat launch at Rotary Park;
Thence running on a perpendicular line to the border between Biddeford and Saco in the Saco River.
Thence running in a generally easterly direction along the border between Biddeford and Saco in the Saco River to the point of beginning.
Thence running in a northerly direction to a point, said point being the mean high water line at the western point of Spring Island;
Thence running in a generally clockwise direction, along the mean high water line of the Saco River to the easterly point of Spring Island;
Thence running in a southerly direction, to a point on the mean high water line on the southerly bank of the Saco River;
Thence running in a generally southeasterly direction, along the mean high water line of the Saco River to a point, said point being the intersection of the mean high water line and southeasterly edge of the Main Street Bridge;
Thence running at or near the southeasterly edge of the Main Street Bridge, 50 feet more or less, in a southwesterly direction to the point of beginning.
This description is intended to describe that portion shown as a "No discharge zone" on a map entitled "Proposed Firearms Ordinance Boundaries," dated: January 9, 1997, revised: March 4, 2003, Scale: 1” = 2,000', and Prepared By: The City of Biddeford Engineering Department. This Plan is recorded with the City of Biddeford Engineering Department, Plan TD-1169
SHOTGUN
A rifled or smooth bore firearm designated to shoot shot shells, e.g., 10, 12, 16, 20, 28 gauge .410 caliber.
[Ord. of 5-20-1997; Ord. No. 2002.62, 10-1-2002]
A person who violates any of the provisions of this section is subject to a fine of not less than $500, plus costs, which fines shall be recovered in a civil action to the use of the City.
[Ord. No. 2003.29, 3-18-2003]
At such time as a review is conducted of the Discharge of Firearms Ordinance, an ad hoc committee will be convened, appointed by the Mayor and confirmed by the City Council, to participate in the review process.