§ 130.01  DISCHARGE OF WEAPONS.
   (A)   Rules and procedures.
      (1)   It shall be unlawful for any person to discharge a firearm, pellet gun or any device capable of propelling a projectile within the town limits, except:
         (a)   A law enforcement officer, and any state or federal law enforcement officer and any military personnel while in the performance of their duty;
         (b)   Any person in justifiable self defense; and
         (c)   For hunting or target practice purposes in the following areas with the permission of the property owner or within state or federal game areas as established by the state or the United States of America:
            1.   Croatan National Forest;
            2.   Weyerhaeuser timber property, (such as hunting clubs); and
            3.   Private property of ten or more acres.
         (d)   For a “turkey shoot” which must be conducted under the auspice of a non- profit, non-commercial sponsor. These events shall be subject to the provisions of (A)(2) and (3)(b) and (3)(c) and to the town Special Events Policies. Only shotguns may be used when loaded with shotgun shells with not less than #6 bird shot.
      (2)   Discharge of firearms, pellet guns or any device capable of propelling a projectile otherwise permitted shall be prohibited in areas within 350 feet of any residential dwelling or any occupied building, public or private school, park, or facility, and street right-of-way.
      (3)   The discharge of any weapon, firearm or device capable of propelling a projectile for ceremonial or public festival purposes or use of a device to cause a loud report such as those used to start a sports event, race or other competition may be permitted if the following steps are followed:
         (a)   Group/individual sponsoring a ceremony or festival intending to discharge a weapon shall provide current certification, if available, from the National Civil War Artillery Association (or similar organization) for having obtained competence in safety and training standards;
         (b)   The town is provided with a certificate of insurance (unless it is done by United States armed services personnel while performing their duty); and
         (c)   Ten days prior notification is given to Police and Fire Department detailing time and place.
      (4)   Any pyrotechnical display or discharge shall be permitted  in accordance with the State Fire Code and state and federal statutes and regulations which appertain, as appropriate, by other state or federal officials with jurisdiction. The display or discharge must be done without endangering the public health and safety. The town Police and Fire Department must be given written notice at least ten days before the event.
      (5)   No person participating in the conduct of a “turkey shoot” or a pyrotechnical display or weapon or firearm discharge shall consume alcoholic beverages during the event nor shall any person who would be considered intoxicated if driving a motor vehicle on the highways or the public streets.
   (B)   Permits.
      (1)   The Town Customer Service Coordinator shall coordinate issuing the permit(s) in division (A)(1)(c) above, if the Police Chief, Fire Chief and Chief Building Inspector  find that the public health and safety will not be endangered by the time, place and character of the weapons or firearm discharge. Before issuing a permit, the Customer Service Coordinator may in the interest of public safety require safety steps, devices or facilities such as, but not limited to, a berm, in addition to those planned by an event sponsor or promoter.
      (2)   The Town Customer Service Coordinator shall coordinate issuing or denying the permit(s) in divisions (A), if recommended by the Police Chief, Fire Chief and Chief Building Inspector, and if the activity is to be done in accord with the requirements of the State Fire Code and other applicable laws and regulations. Such permit shall be in addition to any other required permit or permission from any other authority with jurisdiction.
(1991 Code, § 10-2)  (Ord. passed 5-1-1951; Ord. passed 9-10-2015; Ord. 2017-01, passed 7-13-2017)  Penalty, see § 10.99