ORDINANCE NO. 06-10(x)

 

AN ORDINANCE TO AMEND CHAPTER 10, OFFENSES--MISCELLANEOUS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 10, Offenses--Miscellaneous, of the Code of the County of Albemarle, is hereby amended and reordained as follows:

 

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.

 

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