(A) Purpose and intent. This section is adopted so that the Village Council may promote the public health, safety and general welfare within the village through the regulation of the discharge of firearms, air guns, zip guns, bows, crossbows and similar devices. By prohibiting the discharge of firearms, air guns and zip guns, and by restricting the discharge of bows and crossbows, the Village Council seeks to prevent bodily injury, death, property damage and other nuisances within the village limits.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only and shall not be used in the interpretation of this section.
AIR GUN. Any implement, designed as a gun, that will expel a BB or pellet by spring, gas or air. AIR GUN includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
BOW. A flexible strip of wood or other material, bent by a string stretched between its ends, capable of propelling an arrow.
CROSSBOW. A weapon capable of propelling an arrow consisting of a bow fixed transversely on a stock, the string of which is released by a trigger mechanism.
FIREARM. Any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance or any device readily convertible to that use. FIREARM includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers and pistols.
PERSON. An individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities and shops.
PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the village has an interest.
TARGET. An inanimate object capable of safely absorbing an arrow discharged or shot from a bow or crossbow without allowing the arrow to pass completely through the object.
VILLAGE. The municipality of the village located in Emmet County, Michigan, its agents and assigns.
VILLAGE LIMITS. The incorporated municipal boundaries of the village.
ZIP GUN. A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
(C) Discharge of certain weapons.
(1) No person shall discharge, fire or shoot any firearm within the village limits.
(2) No person shall discharge, fire or shoot any air gun or zip gun within the village limits.
(3) No person shall discharge or shoot any bow or crossbow in any public place, on or across any public right-of-way or onto the property of any other person within the village limits.
(4) No person shall discharge or shoot any bow or crossbow on private property within the village limits, except at a target as defined in this section and when such discharging or shooting can be done without violating division (C)(3).
(D) Exceptions. Division (C) shall not apply to:
(1) Licensed law enforcement officers, provided that such discharges are made in the course and scope of the law enforcement officer’s official duties.
(2) The use of blank cartridges for a theatrical production, a military ceremony or a sporting event.
(3) Duly designated animal control officers destroying sick, injured, or predatory animals on public or private property.
(4) A person in the lawful exercise of self-defense or the defense of others.
(Ord. 75-2, passed - -; Ord. 4 of 2018, passed 2-12-2018) Penalty, see § 130.99