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HomeMy WebLinkAboutGig Harbor Shooting Ordinance Chapter 5.12 SHOOTING SPORTS FACILITIES Page 1 of 11 Home t > Chapter 5.12 SHOOTING SPORTS FACILITIES Sections: 5.12.020 Definitions. 5.12.040 License required. 5.12.060 Application procedure. 5.12.080 License approval or denial. 5.12.100 Effect of license approval. 5.12.120 Operating without a license prohibited. 5.12.140 Denial, suspension or revocation of license. 5.12.160 License renewal. 5.12.180 Operating standards and specifications. 5.12.200 Liability. 5.12.220 Complaint process. 5.12.240 Hiring and paying for consultants and investigators. 5.12.260 Appeals. 5.12.020 Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: A. "Administrator" means the administrator of the city of Gig Harbor, or his/her designee. B. "Public safety authority" means the Gig Harbor police department and Pierce County Fire District No. 5, or delegate agencies as named by the Gig Harbor police chief or the Gig Harbor fire marshal. C. "Operator" means the operating license applicant, and any of its officers, directors, partners, or owners. D. "Range" means any individual or group of firing positions for a specific shooting type. http://www.codepublishing.com/WA/GigHarbor/html/GigHarbor05/GigHarbor0512.html 1/12/2018 Chapter 5.12 SHOOTING SPORTS FACILITIES Page 3 of 11 chapter, shall be sent. It is the responsibility of the shooting sports facility to keep this contact information updated in writing throughout the duration of any license and the owners and operators agree, by submitting an application and obtaining a license, that notice to the contact person at the last address provided to the administrator in writing is proper notice to the owners and operators of the facility; 5. The shooting types allowed or proposed to be allowed at the facility; 6. The names, addresses and telephone numbers of all persons proposed to serve as designated range masters in compliance with GHMC 5.12.180(G); 7. The days of the week and the hours of operation that the facility is or is proposed to be open, demonstrating compliance with this chapter; 8. Whether use of the facility will be open to the public, open only to private membership, open to organizational training such as law enforcement, or any combination of the above; 9. The site plan required by GHMC 5.12.180(C)and prepared by a licensed surveyor, showing the location of all buildings, parking areas and access points; safety features of the facility; elevations of any outdoor range showing target areas, or backdrops, and the approximate location of buildings on adjacent properties. Any shooting sports facility in operation prior to the passage of this ordinance may, when applying for the license required by this chapter, have an additional two years to comply with this subsection (B)(9) as long as at the time of application they provide a site plan as set forth in GHMC 5.12.180(C); 10. The notarized certification required by subsection C of this section; 11. The operations plans required by GHMC 5.12.180(D); 12. The applicant shall also pay the non-refundable application fee and license fee established by this chapter at the time of application; and 13. Proof of liability insurance coverage in the amount required by GHMC 5.12.180(T) shall be submitted with the license application. C. Every application for a shooting sports facility operating license shall be accompanied by a notarized certification by the shooting sports facility operator that the facility complies with this chapter, meets commonly accepted shooting facility safety and design practices, and will be operated in a manner that protects the safety of the general public. D. This chapter shall not apply to shooting sports facilities owned and operated by any instrumentality of the United States, state of Washington, or a political subdivision of the state of Washington. (Ord. 926 § 1, 2003). 5.12.080 License approval or denial. http://www.codepublishing.com/WA/GigHarbor/html/GigHarbor05/GigHarbor0512.html 1/12/2018 Chapter 5.12 SHOOTING SPORTS FACILITIES Page 5 of 11 5.12.120 Operating without a license prohibited. A. No shooting sports facility shall operate without a license issued pursuant to this chapter; provided, that shooting sports facilities operating on the effective date of the ordinance codified in this chapter that have submitted required license applications before the date required herein may continue to operate without a city of Gig Harbor shooting sports facility license pending approval or denial of the license application. However, all such operation shall be conducted in compliance with this chapter and all applicable law. Such operation shall cease upon denial of the license application and if appealed, as provided by law. B. If a shooting sports facility operating under a valid Pierce County shooting sports facility permit or license is annexed to the city of Gig Harbor, it may continue to operate, only if an application for a city license is submitted to the city as provided above. Once annexed, the shooting sports facility shall operate in compliance with this chapter and all applicable law. (Ord. 926 § 1, 2003). 5.12.140 Denial, suspension or revocation of license. A. Any denial, suspension or revocation of a license applied for or issued under this chapter shall follow the procedures set forth in GHMC 5.01.120 and 5.01.130. B. If determined through police or state agency investigation that any participant, spectator, neighboring property or member of the public has been injured or endangered as a result of range design, operation or management of shooting activities or that rounds shot at the facility have escaped the property on which the shooting sports facility is located, then the administrator may immediately suspend or revoke any shooting sports facility license issued pursuant to this chapter. Reinstatement or re-issuance of any license suspended or revoked pursuant to the provisions of this chapter will be contingent on review and determination by the administrator that the shooting sports facility operator has made sufficient and appropriate modifications to the design or operation of the facility to reasonably address the specific deficiencies found to have contributed to the injury, endangerment, or escaped rounds. (Ord. 926 § 1, 2003). 5.12.160 License renewal. A. An initial shooting sports facility operating license shall be valid upon issuance and shall continue in effect for a period of one year from the date on which it is issued, unless suspended or revoked as provided in this chapter. B. Renewals shall be made as provided in GHMC 5.01.090, except the process for renewal of a shooting sports facility shall be the same as for an initial application; provided, that the city shall not require that the applicant pay for consultants or investigators to review the renewal application or inspect the facility unless (1)the applicant is proposing changes to the facility, the facility site plan, the required operations plan, or the allowed shooting types as part of the license renewal, or(2)the administrator determines that inspection or review by consultants is required in order to verify compliance with changes in state,federal or local laws pertaining to the shooting sports facility or its operation, or(3)there was a final determination by the administrator or a court during the expiring term of the license, that the http://www.codepublishing.com/WA/GigHarbor/html/GigHarbor05/GigHarbor0512.html 1/12/2018 Chapter 5.12 SHOOTING SPORTS FACILITIES Page 7 of 11 H. Warning signs shall be installed and maintained along the shooting sports facility property lines. Such signs shall be posted a minimum of every 100 feet along the property lines. I. Shooting sports facilities shall be used for the shooting activities they were designed to accommodate unless redesigned to safely accommodate new shooting activities. J. The shooting sports facility operator shall report in writing to the Gig Harbor police department all known on-site and off-site gunshot wounds resulting from activity at the shooting sports facility and any measures that are proposed to address any deficiencies that may have contributed to the wounds. The report shall be made within 48 hours after the existence of the gunshot wounds or wounds becomes known to the operator. The Gig Harbor police department will forward such information to the administrator for consideration in connection with any licensing action. K. The shooting sports facility operator shall report in writing to the Gig Harbor police department all known rounds that escape from the property on which the shooting sports facility is located and any measures that are proposed to address any deficiencies that may have contributed to the errant rounds. The report shall be made immediately after the existence of an alleged or acknowledged escaped round or rounds becomes known to the operator. The Gig Harbor police department will forward such information to the administrator for consideration in connection with any licensing action. L. All shooting sports facilities shall provide an operating telephone available to range participants and spectators for the purpose of contacting emergency medical services. M. A first aid kit containing the items recommended by a certified expert in emergency medical treatment shall be readily available at each shooting sports facility for emergency treatment or care of minor injuries. N. Storage and handling of explosive materials, including ammunition when applicable, shall be in accordance with the Gig Harbor fire code. Unless exempt, storage and handling shall be by a permit issued pursuant to the Gig Harbor fire code. O. All shooting sports facilities shall comply with and abide by the city's noise regulations (Chapter 9.34 GHMC). The hours of operation of any outdoor shooting sports facility shall be as follows: Monday, Wednesday, 8:00 a.m. to 6:00 p.m. Friday Tuesday, Thursday 8:00 a.m. to 9:00 p.m. Saturday 10:00 a.m. to 6:00 p.m.. Closed to shotgun activities (open to rifle/pistol) Sunday 9:00 a.m. to 5:00 p.m. http://www.codepublishing.com/WA/GigHarbor/html/GigHarbor05/GigHarbor0512.html 1/12/2018 Chapter 5.12 SHOOTING SPORTS FACILITIES Page 9 of 11 facilities are encouraged to assess their own risk and to obtain additional liability insurance if they deem it necessary. (Ord. 926 § 1, 2003). 5.12.200 Liability. The express intent of the city of Gig Harbor city council is that responsibility for complete and accurate preparation of applications, plans and specifications,for compliance with applicable laws, including but not limited to those set forth in this chapter, and for safe design, construction, use and operation of facilities regulated herein shall rest exclusively with applicants and their agents. This chapter and the codes adopted herein are intended to protect the health, safety and welfare of the general public and are not intended to protect any particular class of individuals or organizations. This chapter shall not be construed as placing responsibility for code compliance upon the city of Gig Harbor or any officer, employee or agent of the city. Application review and inspections performed pursuant to this chapter are intended to determine whether a shooting sports facility is in compliance with the requirements of this chapter. However, those inspections and reviews that are done do not guarantee or assure either that any design, construction, use or operation complies with applicable laws or that the facility is safely designed, constructed, used or operated. Nothing in this chapter is intended to create a private right of action based upon noncompliance with any of the requirements of this chapter. (Ord. 926 § 1, 2003). 5.12.220 Complaint process. A. Upon receiving a written complaint to the effect that any shooting sports facility is in violation of any provision of this chapter, the administrator shall: 1. Issue a notice of complaint to the shooting sports facility operator advising such person of the allegation(s) made in the complaint. The notice shall include the information required by GHMC 5.01.160, and shall be served as provided in that section; 2. Request that the shooting sports facility operator respond, in writing, to the allegation (s) in the notice of complaint within 15 calendar days of receipt of the notice of complaint; 3. Investigate, through the use of the administrator's staff, the public safety authority, any other appropriate city department or personnel, and/or consultants or investigators, the allegation(s) in the written complaint and the response submitted by the shooting sports facility operator; 4. Make a finding as to the validity of the allegation(s) in the written complaint, based upon information received from those conducting the investigation of the complaint. If it is found that violation of any of the shooting sports facility operating standards or any other provision of this chapter has occurred, the administrator shall issue a written notice and order requiring that the operator suggest and implement measures or procedures to correct any violations of this chapter and to bring the shooting sports facility into full compliance. If a notice and order is issued, the administrator shall provide the shooting sports facility with a copy of any and all final written reports http://www.codepublishing.com/WA/GigHarbor/html/GigHarbor05/GigHarbor0512.html 1/12/2018 Chapter 5.12 SHOOTING SPORTS FACILITIES Page 11 of 11 The Gig Harbor Municipal Code is current through Ordinance 1382, passed December 18, 2017. Disclaimer: The City Clerk's Office has the official version of the Gig Harbor Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: https://wa-gigharbor.civicplus.com/ City Telephone: (253) 851-8136 Code Publishing Company http://www.codepublishing.com/WA/Gi gHarbor/html/GigH arbor05/GigHarbor0512.html 1/12/2018