The Trustees
of the Village of Johnson hereby ordain:
I. AUTHORITY: This ordinance is
enacted pursuant to 24 V.S.A. §2291(8). It shall constitute
a civil ordinance within the meaning of 24 V.S.A. Chapter
59.
II. PURPOSE: It is the purpose
of this ordinance to regulate the discharge of firearms
within the Village in order to promote the public health,
safety and welfare throughout the Village of Johnson.
III. DEFINITIONS: Unless the context
otherwise indicates, as used in this ordinance:
A. "Discharge" shall mean to shoot or fire a firearm.
B. "Firearm" shall mean any weapon from which a
missile or projectile, such as a single slug or bullet,
is hurled by an explosive. The term "Firearm" includes,
but is not limited to muzzle loading weapons.
C. "Loose Shot" shall mean multiple spherical type
projectiles to be discharged from a shotgun.
D. "Muzzle loading weapon" are rifles, shotguns,
pistols or cannons incapable of being loaded through
the breech without the use of tools.
E. "Pistol" shall mean a small firearm having a
stock to fit the hand, and a short barrel, and fired
from one hand.
F. "Projectile" shall mean a missile or missiles
projected or thrown by force from a firearm.
G. "Revolver" shall mean a type of pistol having
a revolving cylinder in the breech chambered to hold
several cartridges that may be fired in succession without
reloading.
H. "Rifle" shall mean a firearm having a rifled
or spirally grooved bore, usually fired from the shoulder
and loaded from the breech.
I. "Shot" shall mean a spherical missile, such as
a ball of iron, or a bullet or pellet of lead, to be
discharged from a firearm; also, such pellets collectively.
J. "Shoot" shall mean to discharge a projectile
from a firearm.
K. "Shotgun" shall mean a smoothbore gun, either
single or double barreled, adapted for the discharge
of shot.
IV. DISCHARGE LIMITATIONS:
No person shall discharge a firearm, including but not
limited to a rifle, pistol, revolver, shotgun or muzzle
loading weapon within the municipal limits of the Village
of Johnson.
V. EXEMPTIONS-ACTS AUTHORIZED BY STATUTE:
This ordinance shall not apply to the discharge
of firearms by police officers, sheriffs, constables,
game wardens and other statutorily designated law enforcement
officers in the performance of their legal duties. This
ordinance shall not be construed to limit any rights
or immunities to discharge firearms in the defense or
protection of persons or property provided by Vermont
Statutes.
VI. ENFORCEMENT BEFORE THE TRAFFIC AND MUNICIPAL
ORDINANCE BUREAU: Any person who discharges
a firearm in violation of this ordinance shall be subject
to a civil penalty of up to $400.00 for each discharge.
Any law enforcement officer may act as an Issuing Municipal
Official and issue and pursue before the Traffic and
Municipal Ordinance Bureau a municipal complaint for
violation of this ordinance.
VII. WAIVER PENALTY FOR MUNICIPAL COMPLAINT:
An issuing municipal officer is authorized to recover
a waiver fee, in lieu of a civil penalty, in the following
amounts, for any person who declines to contest a municipal
complaint and pays the waiver fee. Offenses shall be
counted on a twelve-month basis beginning with the date
of the first offense:
A. First offense $50.00
B. Second offense $75.00
C. Third offense $100.00
D. Fourth and subsequent offense $200.00
VIII. CIVIL PENALTY FOR ORDINANCE VIOLATION:
An issuing municipal officer is authorized to recover
civil penalties in the following amounts for each violation
of this ordinance. Offenses shall be counted on a twelve-month
basis beginning with the date of the first offense:
A. First offense $75.00
B. Second offense $100.00
C. Third offense $200.00
D. Fourth and subsequent offense $400.00
IX. ADDITIONAL ENFORCEMENT RIGHTS:
In addition to the enforcement procedures available
before the Traffic and Municipal Ordinance Bureau the
Village of Johnson is authorized to commence a civil
action to obtain injunctive or other appropriate relief,
or to pursue any other remedy authorized by law.
X. SEVERABILITY: If any portion
of this ordinance and any amendments made hereto are
held unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this ordinance and amendments
made hereto shall not be affected and shall remain in
full force and effect. If any statute referred to in
this ordinance shall be amended, this ordinance shall
be deemed to refer to such amended statute.
XI. REPEAL OF PRIOR ORDINANCES:
Any other ordinance or regulation heretofore adopted
by the Village of Johnson for the control of firearm
discharge is hereby repealed.
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