[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this article, the following words shall have the
meanings indicated:
The expulsion of a projectile from a firearm or the operation
of a firearm in such a manner so as to lead one to reasonably conclude
by sight or sound that a projectile was expelled from a firearm. If
the firearm used is capable of the expulsion of a projectile, its
firing alone shall be sufficient to constitute a discharge and no
further proof of the expulsion of a projectile shall be necessary.
Any device which is designed and intended to expel a projectile
by action of gun powder, any other explosive, compressed air, compressed
gas or mechanical device including any device which, when discharged,
would by sound or otherwise, lead another to reasonably conclude by
sight or sound that the device expelled a projectile or give the appearance
of the expulsion of a projectile even though no expulsion of a projectile
occurred. By way of example and not limitation, items that are to
be considered firearms under this article include guns, pistols, rifles
and shotguns. The definition of "firearm" shall not be deemed to include
items that are traditionally considered to be children's toys
when used in the manner for which they were designed. The definition
of "firearm" shall not include starter pistols when used in the manner
in which they were intended, i.e., to signify the start of a race
or other similar event.
A.
A person is guilty of disorderly conduct (discharging a firearm) if he or she causes the discharge of a firearm anywhere within the Borough of Palmyra, subject to the exceptions set forth in Subsection B.
B.
The following acts shall not constitute a violation of Subsection A:
(1)
The discharge of a firearm by a law enforcement officer or military
personnel acting within the line of duty, including but not limited
to active operations, training exercises and ceremonies.
(3)
The discharge of a firearm within a properly constructed and legally
permitted firing range duly established within the Borough of Palmyra.
(4)
The discharge of a firearm in defense of human life or the residence
or place of business of the person discharging the firearm.
(5)
The discharge of a firearm at an event, for which the party organizing
or promoting such event has obtained a special permit issued by the
Chief of Police of the Borough of Palmyra.
(6)
The discharge of a firearm at a military funeral or other similar ceremony, provided that the party organizing such funerals or ceremonies has obtained a permit in accordance with § 186-3 hereof from the Chief of Police. For these ceremonies and funerals, the Chief of Police may issue a permit for the organizing party that covers all such funerals or ceremonies to be conducted by such party, whether then contemplated or not, and such permit shall remain in force until repealed by the Chief of Police.
The Chief of Police of the Borough of Palmyra may issue a permit
to allow the limited discharge of firearms for events or activities
within the Borough of Palmyra, upon application of the party responsible
for the organization or promotion of such event or activity. The Chief
of Police shall only issue a permit once he/she has determined in
his/her judgment that adequate safety measures have been or will be
taken such that the discharge of firearms during the event or activity
will not pose a significant risk to the health and safety of the residents
of the city, or the participants and spectators during the event or
activity. The issuance of a permit under this section shall not be
unreasonably withheld or delayed. By way of example and not limitation,
the events or activities for which permits may be issued include target
shooting competitions or demonstrations, fireworks demonstrations
and block shoots.
Whoever violates any provision of this article shall, upon conviction
thereof in a summary proceeding before any Magisterial District Judge,
be fined a minimum fine of $100 and a maximum fine of $1,000 for each
offense, and the cost of prosecution, and shall be ordered to pay
restitution, in an amount determined by the court, for damages to
person or properties suffered by a victim as a result of the violation
of this article and shall serve a term of imprisonment of 30 days.
Each discharge as defined herein shall constitute a separate and distinct
offense and sentences therefor shall be imposed for each offense and
may not run concurrently but must run consecutively to each other.
The fines collected by the Magisterial District Judge for a violation
of provisions of this article shall be paid over to the Borough of
Palmyra.
