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7 LONG TITLE
8 General Description:
9 This bill ensures public access to a public shooting range, subject to temporary
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . grants the public access to use a public shooting range;
15 . permits a fee to be charged for the public to use a public shooting range;
16 . describes when a public shooting range can be temporarily restricted from public
17 use during regular business hours; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 47-3-101, Utah Code Annotated 1953
26 47-3-301, Utah Code Annotated 1953
27 RENUMBERS AND AMENDS:
28 47-3-102, (Renumbered from 47-3-1, as enacted by Laws of Utah 1998, Chapter 286)
29 47-3-201, (Renumbered from 47-3-2, as enacted by Laws of Utah 1998, Chapter 286)
30 47-3-202, (Renumbered from 47-3-3, as enacted by Laws of Utah 1998, Chapter 286)
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 47-3-101 is enacted to read:
36 47-3-101. Title.
37 This chapter is known as "Shooting Ranges."
38 Section 2. Section 47-3-102 , which is renumbered from Section 47-3-1 is renumbered
39 and amended to read:
41 As used in this chapter[
42 (1) "Public shooting range" means a shooting range owned by an agency of the state or
43 a political subdivision of the state.
44 (2) "Regular business hours" means Monday through Friday from 8 a.m. until 4 p.m.
45 (3) "Shooting range" or "range" means an area designed and continuously operated
46 under nationally recognized standards and operating practices for the use of rifles, shotguns,
47 pistols, silhouettes, skeet, trap, black powder, archery, or any other similar shooting activities.
48 Section 3. Section 47-3-201 , which is renumbered from Section 47-3-2 is renumbered
49 and amended to read:
53 range accepts the associated risks to the extent the risks are obvious and inherent. Those risks
54 include injuries that may result from noise, discharge of projectile or shot, malfunction of
55 shooting equipment not owned by the shooting range or public shooting range, natural
56 variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and
57 other forms of natural growth or debris.
58 Section 4. Section 47-3-202 , which is renumbered from Section 47-3-3 is renumbered
59 and amended to read:
61 (1) [
62 ordinances that define or prohibit a public nuisance exclude from the definition or prohibition
63 any shooting range or public shooting range that was established, constructed, or operated prior
64 to the implementation of the rule or ordinance regarding public nuisance unless that activity or
65 operation substantially and adversely affects public health or safety.
66 (2) A person who operates or uses a shooting range or a public shooting range in this
67 state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting
68 from the operation or use of the range if:
69 (a) the range:
70 (i) was established, constructed, or operated prior to the implementation of any noise
71 ordinances, rules, or regulations; and
72 (ii) does not substantially and adversely affect public health or safety; or
73 (b) the range:
74 (i) is in compliance with any noise control laws, ordinances, rules, or regulations that
75 applied to the range or public shooting range and its operation at the time of establishment,
76 construction, or initial operation of the range; and
77 (ii) does not substantially and adversely affect public health or safety.
78 (3) For [
79 shooting range that is operated in accordance with nationally recognized standards and
80 operating practices is not a public health nuisance.
81 (4) For any new subdivision development located in whole or in part within 1,000 feet
82 of the boundary of any shooting range or public shooting range that was established,
83 constructed, or operated prior to the development of the subdivision, the owner of the
84 development shall provide on any plat filed with the county recorder the following notice:
85 "Shooting Range Area
86 This property is located in the vicinity of an established shooting range or public
87 shooting range. It can be anticipated that customary uses and activities at this shooting range or
88 public shooting range will be conducted now and in the future. The use and enjoyment of this
89 property is expressly conditioned on acceptance of any annoyance or inconvenience [
90 that may result from these uses and activities."
91 Section 5. Section 47-3-301 is enacted to read:
93 47-3-301. Access and use.
94 (1) Except as provided in Subsection (2), a public shooting range may be used by the
95 public during regular business hours.
96 (2) The owner of a public shooting range may temporarily restrict the public from the
97 public shooting range:
98 (a) during any period of time that the public shooting range is being actively used for
99 training, practice, or testing by the state, a political subdivision of the state, or any other
100 government entity, if public use of the shooting range during that period of time would
101 interfere with the training, practice, or testing;
102 (b) when the shooting range is undergoing renovation, maintenance, or repair; or
103 (c) when necessary to protect public safety.
104 (3) A public shooting range may charge a reasonable fee, in accordance with Section
105 63J-1-504 , for the public to use the public shooting range.
Legislative Review Note
as of 1-3-13 3:00 PM