[HISTORY: Adopted by the Town Council of
the Town of South Berwick 2-26-2001. Amendments noted where applicable.]
This chapter shall be known as the "Firearms
Discharge Ordinance of the Town of South Berwick."
As used in this chapter, the following terms
shall have the meanings indicated:
Any instrument used in the propulsion of pellet, shot, slug,
or bullet by the action of gunpowder exploded or released within it.
A smooth-bore gun, single- or double-barreled, pump action
or semi-automatic, and usually breach loaded.
A.
The area of South Berwick regulated by this chapter
shall be called the "Firearms Public Safety Zone."
B.
Description of zone.
(1)
The Firearms Public Safety Zone consists of that portion
of the Town of South Berwick described below:
|
Starting at the intersection of Agamenticus
Road and Portland Street (Soldier's Monument) and continuing east
on Agamenticus Road to Crooker Lane; continuing east on Crooker Lane
to what is known as the power line of Central Maine Power, turning
right and southwest along the power line until the power line intersects
the Great Works River; continuing on the north-side bank of the Great
Works River, turning westerly to meet Route 236; following Route 236
south to the intersection of Old South Road; turning right and following
Old South Road to Brattle Street to Vine Street to the Salmon Falls
River; following the Salmon Falls River bordering the state line to
the Salmon Falls railroad bridge; turning right and following the
Boston and Maine railroad tracks northerly to the Berwick town line;
following the Berwick town line northeast to Portland Street, then
following Portland Street to where it intersects with Agamenticus
Road at Soldier's Monument.
|
(2)
Where streets or roads are identified in the above
description, the entire right-of-way is included.
It shall be unlawful to discharge a firearm within or into the Firearms Public Safety Zone described in § 73-3B of this chapter.
The following discharges are exempted from § 73-4, Unlawful discharge:
A.
Discharge by law enforcement officers in the lawful
performance of their duties.
B.
Discharge of a shotgun by a person properly licensed
during legal hunting/trapping season of wild animals and birds. A
.22 caliber handgun may be used by a licensed trapper during legal
trapping season.
C.
Discharge at military events, including exercises,
funerals, or reviews.
D.
Discharge at ceremonial or memorial events.
E.
Discharge for lawful defense/protection of one's self,
family, or property.
If any person legally wounds a wild animal outside
the Firearms Public Safety Zone, that person may pursue that animal
in the Firearms Public Safety Zone and kill the animal with any firearm
without violating this chapter, provided that the authorization to
pursue such animal into the Firearms Public Safety Zone was obtained
first from the South Berwick Police Department.
Any officer of the South Berwick Police Department
and any other duly authorized state or county law enforcement officer
shall enforce this chapter.
Upon adoption, the Town Council shall make reasonable
efforts to assure adequate public notice of the existence of this
chapter. Signs shall be placed on roads entering the Town of South
Berwick, at or near the Town line. However, it is not a defense to
enforcement of this chapter that a person did not see a sign or otherwise
get actual notice of the existence of the chapter.
