[HISTORY: Adopted by the Town of Cumberland 11-22-1979, as amended
through 12-12-1990; amended in
its entirety 1-14-2019. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any instrument used in the propulsion of pellets, shot, shells
or bullets by action of gunpowder, compressed air or gas exploded
or released within it, and includes any weapon commonly referred to
as a "pistol," "revolver," "rifle," "gun," "machine gun," or "shotgun."
Any weapon that can be made into a firearm by the insertion of a firing
pin, or other similar thing, or by repair, is a firearm.
A.
It shall be unlawful for any person to discharge or hunt with any
firearm other than a shotgun, muzzleloader, or pistol within the limits
of the Town of Cumberland.
B.
It shall be unlawful for any person to discharge any type of firearm
within 300 feet of any dwelling other than his or her own, or any
commercial, industrial, governmental or institutional building to
include schools.
C.
It shall be unlawful to discharge any firearm on the following municipal
properties: Town Forest, Twin Brook Recreational Facility, Broad Cove
Reserve (except for otherwise legal firearms discharge in the course
of waterfowl hunting), West Cumberland Athletic Complex, and Val Halla
golf course.
A.
This chapter shall not apply to the islands within the limits of
the Town, to indoor or outdoor shooting ranges conducted by an organization
affiliated with the National Rifle Association, to any law enforcement
officials in the performance of their duties, or to any person utilizing
a firearm in the otherwise legal defense of a person or property.
B.
This chapter shall not apply to a person discharging firearms at
any deer, raccoons, skunks, woodchucks or other wild animals doing
damage to any orchard or growing crops, provided that such person
is acting in accordance with applicable state statutes. Such person
shall seek permission from the Chief of Police or his/her designee
prior to commencing such activity. Immediately prior to commencing
such activity, such person shall notify the Police Department of the
time and location where such activity is proposed and shall also notify
the Police Department immediately upon the completion of such activity,
unless other arrangements are made with the Police Chief. Such person
shall exhibit to the Police Chief or his/her designee, once during
its effective period, any written permission required by state statute,
regulation, or Inland Fisheries and Wildlife for such activity. The
Police Department may impose such reasonable restrictions upon the
time or location of such activities, and the type of firearms to be
used, as may be necessary to protect the public health and safety;
it shall not prevent any such activity unless it has evidence that
the person proposing the same is not competent to do so safely or
that the conditions required for safe undertaking of such activity
cannot be met, and it shall not require any police officer to observe
or take part in such activities.
C.
This chapter shall not apply to the discharge of rimfire firearms,
when discharged for the purposes of night hunting of raccoons as authorized
by M.R.S.A. Title 12, Section 11901, provided all other provisions
of ordinance and law are followed.
