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10-1448 City Code Discharge of FirearmsCITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPLACING TITLE 6, CHAPTER 3, SECTION 10 OF THE MERIDIAN CITY CODE, REGARDING FIREARMS AND DISCHARGEABLE INSTRUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 18-3302J(4) authorizes cities to adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries, so long as such ordinances do not apply to or affect the lawful discharge of firearms in defense of persons or property, or on a sport shooting range; and WHEREAS, the City Council of the City of Meridian finds that regulating the discharge of firearms and other dischargeable instruments within the City of Meridian will serve the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 3, Section 10 of the Meridian City Code shall be repealed, and replaced with the following: 6-3-10: FIREARMS; DISCHARGEABLE INSTRUMENTS: A. Definitions. For purposes of this chapter, the following terms shall be defined as follows: FIREARM: A weapon or instrument used in the propulsion of shot, shell, bullets, or other projectile by the action of gunpowder exploded within it. 2. DISCHARGEABLE INSTRUMENT: An instrument used in the propulsion of shot, BB, pellet, blow dart, or other projectile through the action of release of a pressurized gas, compressed air, expanding gas, accelerant, spring, or other force-producing means including, but not limited to, air rifles, spring guns, wrist rockets, air-soft guns, BB guns, pellet guns, paintball guns, rockets having a propellant charge of more than four ounces, bows, compound bows, cross-bows, and recurve bows. B. Prohibition. No person shall discharge any firearm or dischargeable instrument on public or private property within the City. C. Exceptions. 1. Nothing contained in this section shall be construed to modify or affect State laws or City ordinances governing the discharge of fireworks. DISCHARGE OF FIREARMS ORDINANCE PAGE 1 Of 2 2. The prohibitions of this section shall not apply to a person lawfully discharging a firearm or dischargeable instrument at a lawfully permitted paintball shooting facility or at a sport shooting range as defined in Title 55, Chapter 26 and Title 67, Chapter 91, Idaho Code; nor shall the prohibitions of this section be construed to modify or affect the application of state and local laws regarding such activities or facilities. 3. The prohibitions of this section shall not apply to a police officer acting in the course and scope of his or her duties. 4. The prohibitions of this section shall not apply to a person acting in the lawful defense of person or persons or property. 5. The prohibitions of this section shall not apply to a person discharging a starter pistol or other instrument designed and operated as a noise maker only. 6. The prohibitions of this section shall not apply to a person discharging a firearm or dischargeable instrument for ceremonial purposes, including, but not limited to, military honor guard activities, where such person is first expressly authorized in writing by the Police Chief or his designee to do so and is acting within the time, place, and manner as specified in such written authorization. The Council shall reserve the right to approve or disapprove or revoke and terminate the use which tends to create a hazard or would be otherwise detrimental to the public safety. D. Penalties. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor. Each day on which a violation is committed shall be deemed a separate offense. E. Severability. If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. Section 2. That this ordinance shall be effective immediately upon its passage and approval. ASSED by the City Council of the City of Meridian, Idaho, this' day of 2010. , ~ / PPROVED by the Mayor of the City of Meridian, Idaho, this 2~ dray of 2010. APPRO ~~~~~``~~ "~ •A,~,TTEST: Tammy d~1dVeerd, Mayor $~~~~a' ~>y. '9 p~ !.~ 1A ~~9~ figT~s~, ~\~. DISCHARGE OF FIREARMS ORDINA~~~ C~UN.TY ~ `OPT ``\\` ~~~'~~rlrtis~ll~~~~~~~ City Clerk PAGE 2 of 2