[Ord. No. 7-2020, 8/13/2020]
This Part shall be titled "The Canton Township Discharging of
Firearms Ordinance of 2020."
[Ord. No. 7-2020, 8/13/2020]
Due to the density of the population in Canton Township, it
is necessary that the discharging of firearms be regulated for the
protection of the public health and safety and general welfare of
the residents, property owners, visitors and others within Canton
Township, and that the unauthorized discharge of firearms be prohibited.
[Ord. No. 7-2020, 8/13/2020]
[Ord. No. 7-2020, 8/13/2020]
It shall be unlawful to fire or discharge any firearm within Canton Township except as provided in § 6-305, Exceptions, below.
[Ord. No. 7-2020, 8/13/2020]
1.
Exceptions to this Part are as follows; however, in no case shall a firearm be discharged before dawn or after dusk and/or within 150 yards of an adjacent occupied structure, camp or farm, except as provided under Subsections 1 and 2 or indoor facilities, under Subsection 1D(1) and (2) below:
A.
The use of firearms is permitted when employed by any duly appointed
law enforcement officer in the course of his or her official duty.
B.
The use of firearms is permitted when necessary as authorized under
state and/or federal laws.
C.
The use of firearms is permitted when hunting in conformity with
the game laws and other applicable laws, regulations, permits and
ordinances of the Commonwealth of Pennsylvania and this Township,
including, but not limited to, a deer control permit issued by the
Pennsylvania Game Commission, provided that any person hunting upon
the land of another shall have the written permission of the landowner
or lessee of the property and shall have the written permission upon
his or her person. The written permission shall be signed by the owner,
the owner's authorized representative or official, or lessee,
shall clearly and legibly state the name and address of the person
to whom the permission has been granted and shall be dated and shall
be valid only for that period as appears on the face of the permittee's
then-current state hunting license or permit.
D.
The discharging of firearms shall be allowed on indoor or outdoor
shooting ranges pursuant to applicable provisions of the Canton Township
Zoning Ordinance, may be amended,[1] under the supervision of the owner or occupant of that
property or his or her duly appointed representative, provided that:
(1)
All shooting ranges shall be constructed and operated in a safe
and prudent manner. If standards, regulations and/or recommended procedures
for operation are established or promulgated by any recognized body,
such as the National Rifle Association or the American Trap Shooting
Association, then such standards, regulations and/or procedures shall
be adhered to.
(2)
Such range is issued zoning and occupancy permits by the Township
Zoning Officer, which permits shall specify the area or areas designated
for shooting range purposes.
2.
Farmers engaged in "normal agricultural operation" protecting their
"agricultural commodity" from animal predators in accordance with
the Pennsylvania Right to Farm Act, 3 P.S. 951 et seq.
3.
Members of any organization incorporated under laws of this commonwealth
engaged in target shooting upon the grounds or property belonging
to or under the control of such organization or affiliated club, such
as the Pennsylvania Federation of Sportsmen's Clubs, Inc.
[Ord. No. 7-2020, 8/13/2020]
The careless, reckless or improper use of any firearm tending
to cause danger or harm to personal security or to endanger the property
of any person within Canton Township is prohibited.
[Ord. No. 7-2020, 8/13/2020]
Any law enforcement officer lawfully engaged in his law enforcement
duties within Canton Township is hereby authorized to seize, for evidentiary
purposes, any firearm, as defined herein, which shall be fired or
discharged within the limits of Canton Township in violation of this
Part.
[Ord. No. 7-2020, 8/13/2020]
1.
Any person or persons discharging a firearm in violation of any of
the provisions of this Part, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this Part continues or each section of this Part which
shall be found to have been violated shall constitute a separate offense.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable rules
of civil procedure.
2.
Prosecution under this Part may be instituted by a Canton Township
Zoning or Code Enforcement Officer, or any law enforcement officer.
Enforcement shall be by an action brought before a Magisterial District
Judge in the same manner as provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. The Township
Solicitor may assume charge of the prosecution without the consent
of the District Attorney as required under Pennsylvania Rule of Criminal
Procedure No. 454(C) (relating to trial in summary cases).
[Ord. No. 7-2020, 8/13/2020]
In the event that any provision, section, sentence or portion
of this Part shall be held invalid, such invalidity shall not affect
or impair any of the remaining provisions of this Part, as the provisions
are severable and would have been enacted had not such invalid provisions
been included herein.
