* Please note that text lined through is to be stricken and
underlined text is new text.
ORDINANCE NO. 06-10(x)
AN ORDINANCE TO AMEND CHAPTER 10,
OFFENSES--MISCELLANEOUS, OF THE CODE OF THE
BE IT ORDAINED By the Board of Supervisors of the
County of Albemarle, Virginia, that Chapter 10, Offenses--Miscellaneous, of the
Code of the
By Amending:
Sec.
10-107 Firearms–Discharging within residential
districts
Sec.
10-109 Standing or walking with loaded rifle or
shotgun
CHAPTER 10. OFFENSES--MISCELLANEOUS
Sec. 10-107
Firearms--Discharging within residential districts; 200 yard safety zone.
A. It shall be unlawful for any
person to discharge any firearm within the boundaries of any residential
district within the county. provided,
however, that no person discharging a firearm within such a district in defense
of person or property as otherwise permitted by law shall be deemed to have
violated this section.
B. It shall be unlawful for
any person to discharge any firearm anywhere in the county within 200 yards of
a (i) dwelling of another without the prior written
permission of the owner or occupant of the dwelling; (ii) business
establishment; (iii) public building; (iv) public
gathering; or (iv) public meeting place.
C. Notwithstanding
provisions (A) and (B), discharging a firearm within such restricted areas is
permitted in the following circumstances:
1.
The discharge of firearms in defense of person or property as otherwise
permitted by law;
2.
The discharge of firearms on any target, trap or skeet range or hunting preserve
lawfully existing upon the date of adoption of this section or hereafter
established in compliance with all other provisions of this Code or other
county ordinances or state law;
3.
The discharge of firearms on any target or rifle range established and operated
by the police or other law enforcement department;
4 The discharge of firearms in a private below ground
level basement or cellar target range;
5.
The discharge of firearms to kill any dangerous or destructive wild animal;
6.
The discharge of firearms to legally euthanize any sick or wounded animal;
7.
The discharge of firearms by any duly authorized police officer or law
enforcement official acting in the proper performance of his duties;
8 The discharge of firearms with blank cartridges in
theatrical performances, sporting events, or in the firing of salutes at
military funerals or other military affairs.
9.
The discharge of firearms for the purpose of killing
deer pursuant to Va. Code § 29.1-529, on land of at least five acres that is
zoned RA.
BD. Any
person violating this section shall be liable for a penalty of not less than
twenty-five dollars ($25.00) nor more than one
thousand dollars ($1,000.00) for each such violation.
CE. For
purposes of this section, "residential district" shall mean any
district described as VR, R-1, R-2, R-4, R-6, R-10, R-15, NMD, PUD or
PRD on the official zoning map of the county.
(9-19-74; 6-10-81; Code 1988, §
13-9; Ord. 98-A(1), 8-5-98)
State law reference--For state law as to authority of county to adopt this section, see Va.
Code § 15.2-1209.
Sec. 10-109 Standing
or walking with loaded rifle or shotgun.
A. It shall be unlawful for any
person to carry or have in his possession while on any part of a public highway
within the county a loaded rifle or shotgun when such person is not
authorized to hunt on the private property on both sides of the highway along
which he is standing or walking.
B. Any person violating this
section shall be liable to a fine not to exceed one hundred dollars ($100.00)
for each such violation.
C. All law-enforcement officers
authorized to act as such within the county shall have the power to enforce
this section, including but not limited to all duly appointed and acting game
wardens.
D. Loaded rifle or shotgun as used in
this section is defined as a rifle or shotgun with ammunition within the action
chamber, magazine or clip which is within or on the rifle or shotgun.
E. The
provisions of this section shall not apply to persons carrying loaded firearms
in moving vehicles nor to persons acting at the time in defense of persons or
property.
(3-11-81; Ord.
of 9-15-93; Code 1988, § 13-9.2; Ord. 98-A(1), 8-5-98)
State law
reference--State
law as to authority of county to adopt this section, Va. Code
§ 18.2-287 § 15.2-1209.1.