HomeMy WebLinkAbout17884• 6.
1 ORDINANCE NO. 17,884 605
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3 AN ORDINANCE TO CLARIFY THAT A BOW IS A
4 WEAPON; DECLARING AN EMERGENCY; AND FOR
5 OTHER PURPOSES.
6
7 WHEREAS, in 1997 the Board of Directors was faced with numerous complaints
8 about hunters shooting deer with bows and cross bows during the hunting season; and
9 WHEREAS, the City is prohibited by the Arkansas Constitution for setting terms
10 or conditions of hunting, but is not precluded from forbidding the use of weapons within
11 the City; and
12 WHEREAS, the Board believes that it is necessary to the public health, safety and
13 welfare to ban the discharge of bows and cross bows within the City.
14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
15 OF THE CITY OF LITTLE ROCK, ARKANSAS:
26 Section 1. Little Rock, Ark., Rev. Code § 18 -102 (1988) is hereby amended to
17 read as follows:
1e The discharging or firing of any weapon, bow
19 instrument where the pull of the bow is forty (40) pounds or
20 more, compound bow, crossbow, recurved bow, long bow, air
21 rifle, pellet gun, or firearm of any description within the city
22 is prohibited with the following exceptions:
23 (1) When discharged or fired by a duly certified
24 law enforcement officer when necessary in the
25 performance of his duty.
26 (2) The chief of police may issue a permit to a
27 licensed and qualified pest exterminator with the state
28 authorizing the use of either an air rifle, air gun, or
29 pellet gun for the purpose of eradicating pests causing
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(Rec. 12- 11 -99.)
M M M i M MM M M M M == No
24 to any person or property.
25 For purposes of this section, a weapon is defined as: (a) A firearm or anything manifestly
26 designed, made or adapted for the purpose of inflicting death or serious physical injury;
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injury or damage to property, or the existence e of
2
which creates a health hazard within this city. Such
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permit shall restrict the use of such weapon to a
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designated area, for a limited period of time and to a
5
specific person, and shall identify specifically the
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weapon to be used.
7
(3) This discharge of any weapon by a certified law
e
enforcement or regulatory officer of any local, state or
9
federal agency if the discharge is necessary to the
10
performance of the officer's duty.
it
(4) The discharge of any bow instrument where the
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pull of the bow is forty (40) pounds or more,
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compound bow, crossbow, recurved bow, long bow, or
14
firearm on any public or private archery, rifle or pistol
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range, or shooting gallery, approved for use in writing
16
by the chief of police.
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(5) The discharge of any bow instrument where the
1e
pull of the bow is forty (40) pounds or more,
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compound bow, crossbow, recurved bow, long bow, at
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a stationery target on the person's property, or upon
21
property for which the person has the owner's
22
permission to practice, if the stationery target is set up
23
in such a way that it poses no significant risk of harm
24 to any person or property.
25 For purposes of this section, a weapon is defined as: (a) A firearm or anything manifestly
26 designed, made or adapted for the purpose of inflicting death or serious physical injury;
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i or (b) Anything that in the manner of its use or intended use is capable of causing death
2 or serious physical injury.
3 Section 2. Severability. In the event any title, subtitle, section,
a subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word
5 of this ordinance is declared or adjudged to be invalid or unconstitutional, such
e declaration or adjudication shall not affect the remaining portions of this ordinance
7 which shall remain in full force and effect as if the portion so declared or adjudged
8 invalid or unconstitutional was not originally a part of this ordinance.
9 Section 3. Emergency. The City has received numerous complaints this
10 year, in addition to those received last year, about hunters, particularly bow hunters,
ii hunting deer or otherwise discharging high power bows within the City limits and near
12 residential properties. While the City understands that Amendment 35 of the Arkansas
13 Constitution does not permit it to set any conditions for hunting, it further understands
is that it has the responsibility to protect the public health, safety and welfare. Because
15 children and families walk and play in the woods where these hunters are located, the
16 potential for harm is great, particularly when hunters are as close to residences as has
17 been reported to the Board of Directors and City staff. An emergency is therefore
18 declared to exist to protect the public health, safety and welfare, and this ordinance shall
19 be in full force and effect from and after the date of its passage.
20 PASSED: December 1, 1998
u ATTEST: APPROVED:
22
23 A_��� c:e !°.!t cow � 0 Gtt,Q,c,�
24 Robbie Hancock, City Clerk Jim 6 rley, Mayor
25
26 APPR VED AS TO LEGAL FORM:
27 l _ $L .
28 Thomas M Carpente&City Attorney
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