GuyRelford
Master
The Zionsville Town Council will soon consider a proposed ordinance that would prohibit any shooting in the Zionsville Rural Service District (outside the urban districts) that is within 150 yards of any adjoining property or otherwise "within range" of such property - irrespective of whether that shooting is into a safe backstop or otherwise completely responsible. If you live in Zionsville or have friends or relatives with property there, I urge you to contact the town council members to tell them how you feel about this restriction.
The current version is below, with the names of the town council members listed. Based on my conversations with the president of the council, I believe that the "within range" language is going to be removed, and that an exception will be identified for legally using a gun in self-defense. But apparently they are sticking to the "within 150 yards" restriction.
I have emailed my objection to this proposed ordinance, as has Sheriff Ken Campbell. If anyone is interested, I would be happy to forward that email exchange to you or post it below.
I will keep you advised of any hearings in which the proposed ordinance might be considered. If you live in Zionsville or have an interest in this issue, I hope you'll attend and participate. In the interim, here is the contact information for the Town Council: http://www.zionsville-in.gov/government/elected-officials/
Guy
WHEREAS, the Town of Zionsville ("Zionsville") desires to recognize, enhance and provide public safety in the Rural District of Zionsville for the discharge of a firearm that may be injurious to health, indecent, offensive or an obstruction to the free use and enjoyment of private property; and
WHEREAS, Zionsville desires to maintain a community which supports the natural attributes of the Rural District of Zionsville, its wildlife and agricultural uses; and
WHEREAS, the Zionsville Town Council finds that it is in the public interest of the citizens of Zionsville to consider and adopt this Ordinance in order to secure and promote the public health, safety, comfort, convenience, and general welfare of the citizen of Zionsville and to protect them and their property; and
WHEREAS, Indiana Code 14-22-31.5 provides for the regulation of shooting ranges and their location, use, operation, safety and construction, and Zionsville understands and appreciates that not all firearm discharges in the Rural Service District are taking place at or on a regulated shooting range; and
WHEREAS, Indiana Code 35-47-11.1 prohibits a political subdivision from regulating firearms; ownership, possession, carrying, transportation, registration, transfer and storage of firearms; and commerce in and taxation of firearms, but does not limit the regulation of discharge of firearms within Zionsville.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Town Council of the Town of Zionsville, Indiana, that:
1. Ordinance Amendment. The provisions of Chapter 9, Article I of the Zionsville Code of Ordinances, is hereby amended by adding a new Section 9-2A, regarding safety in discharging firearms, with the following new provisions:
9-2A Safe Discharge of Firearms
(a) The provisions of this Section shall apply only within the boundary of the Rural Service District of the Town of Zionsville.
(b) Definitions. The definition of firearms shall be the definition set forth in Indiana Code 35-47-1-5.
(c) It shall be unlawful for any person to fire or discharge a firearm within 150 yards in proximity to or within the range of any person or assemblage of people, adjacent private property, vehicle, farm, dwelling, house, apartment, church, school, airport, or other building, park, trail, pathway or recreational area, or to fire in such direction such that any projectile expelled could or does strike, hit, enter or pass through any of the foregoing.
(d) It shall be unlawful for any person to fire or discharge any firearm from or across any street, sidewalk, road, highway, park, trail or pathway.
(e) The property owner, lessee or person in charge or control of any real estate upon which the right to fire or use a firearm is granted shall be responsible for the actions of those to whom they have given written permission to fire or use a firearm on their property.
(f) The provisions of this Section shall apply generally to all areas within the Rural Service District of Zionsville, as well as to any shooting range, as defined under and regulated by Indiana Code Chapter 14-22-31-5, located within Zionsville.
(g) Any violation of the provisions of this Section shall upon conviction be punishable by a fine of not less than $100.00 for the first offense, nor more than $2,500, and may be increased after the first offense.
The remaining provisions of Section 9-2 are not amended hereby and remain in effect as
currently codified.
2. Construction of Clause Headings. The clause headings appearing herein have been provided for convenience and reference and do not purport and shall not be deemed to define, limit or extend the scope or intent of the clause to which they appertain.
3. Repeal of Conflicting Ordinances. The provisions of all other Town ordinances in conflict with the provisions hereof, if any, are of no further force or effect and are hereby repealed.
4. Severability. If any part of this Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remainder of this Ordinance.
5. Duration and Effective Date. The provisions of this Ordinance shall become and remain in full force and effect and until its repeal by ordinance, and the charges herein shall become effective immediately upon the due publication of this Ordinance as required under Indiana law.
Introduced on the ____ day of __________, 2013.
DULY PASSED AND ADOPTED this ___ day of ___________, 2013, by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of ____ in favor and ____ opposed.
TOWN OF ZIONSVILLE, INDIANA
BY ITS TOWN COUNCIL
______________________________
Jeff Papa, President
_______ _______
For Opposed
______________________________
Timothy R. Haak
_______ _______
For Opposed
______________________________
Elizabeth Hopper
_______ _______
For Opposed
______________________________
Steven W. Mundy
_______ _______
For Opposed
______________________________
Thomas A. Schuler
_______ _______
For Opposed
______________________________
Susana Suarez
_______ _______
For Opposed
______________________________
Candace L. Ulmer
_______ _______
For Opposed
ATTEST:
_______________________________
John J. Yeo
Zionsville Clerk/Treasurer
IM-4870581-2
The current version is below, with the names of the town council members listed. Based on my conversations with the president of the council, I believe that the "within range" language is going to be removed, and that an exception will be identified for legally using a gun in self-defense. But apparently they are sticking to the "within 150 yards" restriction.
I have emailed my objection to this proposed ordinance, as has Sheriff Ken Campbell. If anyone is interested, I would be happy to forward that email exchange to you or post it below.
I will keep you advised of any hearings in which the proposed ordinance might be considered. If you live in Zionsville or have an interest in this issue, I hope you'll attend and participate. In the interim, here is the contact information for the Town Council: http://www.zionsville-in.gov/government/elected-officials/
Guy
ORDINANCE NO. 2013–________
OF THE TOWN OF ZIONSVILLE, INDIANA
AN ORDINANCE AMENDING THE
ZIONSVILLE CODE OF ORDINANCES
TO PROVIDE FOR SAFETY IN DISCHARGING FIREARMS
PURSUANT TO INDIANA CODE §35-47-11.1
OF THE TOWN OF ZIONSVILLE, INDIANA
AN ORDINANCE AMENDING THE
ZIONSVILLE CODE OF ORDINANCES
TO PROVIDE FOR SAFETY IN DISCHARGING FIREARMS
PURSUANT TO INDIANA CODE §35-47-11.1
WHEREAS, the Town of Zionsville ("Zionsville") desires to recognize, enhance and provide public safety in the Rural District of Zionsville for the discharge of a firearm that may be injurious to health, indecent, offensive or an obstruction to the free use and enjoyment of private property; and
WHEREAS, Zionsville desires to maintain a community which supports the natural attributes of the Rural District of Zionsville, its wildlife and agricultural uses; and
WHEREAS, the Zionsville Town Council finds that it is in the public interest of the citizens of Zionsville to consider and adopt this Ordinance in order to secure and promote the public health, safety, comfort, convenience, and general welfare of the citizen of Zionsville and to protect them and their property; and
WHEREAS, Indiana Code 14-22-31.5 provides for the regulation of shooting ranges and their location, use, operation, safety and construction, and Zionsville understands and appreciates that not all firearm discharges in the Rural Service District are taking place at or on a regulated shooting range; and
WHEREAS, Indiana Code 35-47-11.1 prohibits a political subdivision from regulating firearms; ownership, possession, carrying, transportation, registration, transfer and storage of firearms; and commerce in and taxation of firearms, but does not limit the regulation of discharge of firearms within Zionsville.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Town Council of the Town of Zionsville, Indiana, that:
1. Ordinance Amendment. The provisions of Chapter 9, Article I of the Zionsville Code of Ordinances, is hereby amended by adding a new Section 9-2A, regarding safety in discharging firearms, with the following new provisions:
9-2A Safe Discharge of Firearms
(a) The provisions of this Section shall apply only within the boundary of the Rural Service District of the Town of Zionsville.
(b) Definitions. The definition of firearms shall be the definition set forth in Indiana Code 35-47-1-5.
(c) It shall be unlawful for any person to fire or discharge a firearm within 150 yards in proximity to or within the range of any person or assemblage of people, adjacent private property, vehicle, farm, dwelling, house, apartment, church, school, airport, or other building, park, trail, pathway or recreational area, or to fire in such direction such that any projectile expelled could or does strike, hit, enter or pass through any of the foregoing.
(d) It shall be unlawful for any person to fire or discharge any firearm from or across any street, sidewalk, road, highway, park, trail or pathway.
(e) The property owner, lessee or person in charge or control of any real estate upon which the right to fire or use a firearm is granted shall be responsible for the actions of those to whom they have given written permission to fire or use a firearm on their property.
(f) The provisions of this Section shall apply generally to all areas within the Rural Service District of Zionsville, as well as to any shooting range, as defined under and regulated by Indiana Code Chapter 14-22-31-5, located within Zionsville.
(g) Any violation of the provisions of this Section shall upon conviction be punishable by a fine of not less than $100.00 for the first offense, nor more than $2,500, and may be increased after the first offense.
The remaining provisions of Section 9-2 are not amended hereby and remain in effect as
currently codified.
2. Construction of Clause Headings. The clause headings appearing herein have been provided for convenience and reference and do not purport and shall not be deemed to define, limit or extend the scope or intent of the clause to which they appertain.
3. Repeal of Conflicting Ordinances. The provisions of all other Town ordinances in conflict with the provisions hereof, if any, are of no further force or effect and are hereby repealed.
4. Severability. If any part of this Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remainder of this Ordinance.
5. Duration and Effective Date. The provisions of this Ordinance shall become and remain in full force and effect and until its repeal by ordinance, and the charges herein shall become effective immediately upon the due publication of this Ordinance as required under Indiana law.
Introduced on the ____ day of __________, 2013.
DULY PASSED AND ADOPTED this ___ day of ___________, 2013, by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of ____ in favor and ____ opposed.
TOWN OF ZIONSVILLE, INDIANA
BY ITS TOWN COUNCIL
______________________________
Jeff Papa, President
_______ _______
For Opposed
______________________________
Timothy R. Haak
_______ _______
For Opposed
______________________________
Elizabeth Hopper
_______ _______
For Opposed
______________________________
Steven W. Mundy
_______ _______
For Opposed
______________________________
Thomas A. Schuler
_______ _______
For Opposed
______________________________
Susana Suarez
_______ _______
For Opposed
______________________________
Candace L. Ulmer
_______ _______
For Opposed
ATTEST:
_______________________________
John J. Yeo
Zionsville Clerk/Treasurer
IM-4870581-2
Last edited:
