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--------------------------------------------------- ¦ REFERENCE TITLE: shooting ranges; noise standards ¦ --------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ --------------------------------------------------- ¦ SB 1008 ¦ --------------------------------------------------- ¦ Introduced by ¦ ¦ Senator Smith ¦ ---------------------------------------------------
AN ACT
AMENDING TITLE 17, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 6; RELATING TO OUTDOOR SHOOTING RANGES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 17, Arizona Revised Statutes, is amended by adding chapter 6, to read:
CHAPTER 6
SHOOTING RANGES
ARTICLE 1. OUTDOOR SHOOTING RANGE NOISE STANDARDS
17-601. Definition of shooting range
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES, "SHOOTING RANGE" OR "RANGE" MEANS AN AREA THAT IS DESIGNED AND OPERATED FOR THE USE OF RIFLES, SHOTGUNS AND HANDGUNS IN AN OUTDOOR ENVIRONMENT. SHOOTING RANGE DOES NOT INCLUDE AREAS FOR THE EXCLUSIVE USE OF ARCHERY OR AIR GUNS OR ANY INDOOR AREA ENCLOSED BY SOLID WALLS AND ROOF.
17-602. State outdoor shooting range noise standards; preemption; measurement; definitions
A. THE LEGISLATURE FINDS THAT OUTDOOR SHOOTING RANGE NOISE STANDARDS ARE A MATTER OF STATEWIDE CONCERN. CITY, TOWN, COUNTY AND ANY OTHER STATE NOISE STANDARDS ARE PREEMPTED AS APPLIED TO OUTDOOR SHOOTING RANGES.
B. THE NOISE EMITTED FROM AN OUTDOOR SHOOTING RANGE MAY NOT EXCEED THE GREATER OF:
1. FIFTEEN DBA OVER AN HOUR TIME WEIGHTED AVERAGE ABOVE THE AMBIENT DAYTIME NEIGHBORHOOD NOISE DURING THE NOISIEST HOUR BETWEEN 7:00 A.M. THROUGH 10:00 P.M. AND FIFTEEN DBA OVER A TIME WEIGHTED AVERAGE ABOVE THE AMBIENT NIGHTTIME NEIGHBORHOOD NOISE DURING THE NOISIEST HOUR BETWEEN 10:00 P.M. THROUGH 7:00 A.M.
2. AN LEQ(h) OF SIXTY-FOUR DBA.
C. IN MEASURING THE NOISE EMITTED FROM AN OUTDOOR SHOOTING RANGE:
1. SOUND PRESSURE MEASUREMENTS SHALL BE TAKEN TWENTY FEET FROM THE NEAREST OCCUPIED RESIDENCE, SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH, OR FROM THE NEAREST PROPOSED LOCATION OF A RESIDENCE, SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH IF THE PROPERTY IS ZONED FOR SUCH A STRUCTURE BUT IS CURRENTLY UNIMPROVED.
2. SOUND MEASUREMENTS SHALL BE MADE ON THE A-WEIGHTED FAST RESPONSE MODE SCALE AT A DISTANCE OF TWENTY FEET FROM THE NEAREST OCCUPIED RESIDENCE, SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH. MEASUREMENTS SHALL BE TAKEN ON A ONE-HOUR TIME WEIGHTED AVERAGE FROM 7:00 A.M. THROUGH 10:00 P.M. AND AN EIGHT-HOUR TIME WEIGHTED AVERAGE FROM 10:00 P.M. THROUGH 7:00 A.M. MEASUREMENTS SHALL BE TAKEN DURING THE NOISIEST HOUR OF PEAK USE DURING THE OPERATION OF THE SHOOTING RANGE. MEASUREMENTS SHALL BE TAKEN ACCORDING TO AMERICAN NATIONAL STANDARDS INSTITUTE'S STANDARD METHODS ANSI S1.2-1962 (R1976) AMERICAN NATIONAL STANDARD METHOD FOR PHYSICAL MEASUREMENT OF SOUND AND ANSI S1.2-1971 (R1976) AMERICAN NATIONAL STANDARD METHOD FOR MEASURING SOUND PRESSURE LEVELS. MEASUREMENTS SHALL BE TAKEN USING A TYPE 1 SOUND METER MEETING THE REQUIREMENTS OF ANSI S1.4L-1971. ANY PART OF THE MEASUREMENTS CONDUCTED ON A RANGE SHALL COMPLY WITH THE RANGE SAFETY RULES.
D. FOR THE PURPOSES OF THIS SECTION:
1. "AMBIENT" MEANS, AS IT RELATES TO NOISE, THE SOUND OF NATURAL AND MECHANICAL SOURCES AND HUMAN ACTIVITY CONSIDERED TO BE PRESENT IN A PARTICULAR AREA, BUT NOT INCLUDING THE NOISE FROM THE SHOOTING RANGE OR THE ANALYSIS SYSTEM'S ELECTRICAL NOISE.
2. "A-WEIGHTED" MEANS A FREQUENCY WEIGHTING NETWORK USED TO ACCOUNT FOR CHANGES IN SENSITIVITY AS A FUNCTION OF FREQUENCY.
3. "DBA" MEANS A-WEIGHTED DECIBELS, TAKING INTO ACCOUNT HUMAN RESPONSE TO SOUND ENERGY IN DIFFERENT FREQUENCY BANDS.
4. "DECIBEL" MEANS THE UNIT OF MEASURE FOR SOUND PRESSURE DENOTING THE RATIO BETWEEN TWO QUANTITIES THAT ARE PROPORTIONAL TO POWER. THE NUMBER OF DECIBELS IS TEN TIMES THE BASE TEN LOGARITHM OF THIS RATIO.
5. "LEQ(h)" MEANS THE EQUIVALENT ENERGY LEVEL THAT IS THE STEADY STATE LEVEL THAT CONTAINS THE SAME AMOUNT OF SOUND ENERGY AS A TIME VARYING SOUND LEVEL FOR A SIXTY MINUTE TIME PERIOD.
17-603. Preexisting outdoor shooting ranges; noise buffering or attenuation
A. IF AN OUTDOOR SHOOTING RANGE WAS CONSTRUCTED BEFORE JULY 1, 2002 IN COMPLIANCE WITH EXISTING APPLICABLE COUNTY OR MUNICIPAL ORDINANCES AND ZONING REQUIREMENTS AND IF PROPERTY LOCATED WITHIN ONE MILE OF THE EXTERIOR PROPERTY BOUNDARY OF THE SHOOTING RANGE IS REZONED AFTER JULY 1, 2002 FOR RESIDENTIAL USE OR ANY OTHER USE THAT INCLUDES A SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH, THE ZONING AUTHORITY MUST PROVIDE FOR NOISE BUFFERS OR ATTENUATION DEVICES THAT ARE EITHER:
1. WITHIN THE NEW DEVELOPMENT AS A CONDITION FOR DEVELOPING THE PROPERTY OR AS SUPPLIED BY THE ZONING AUTHORITY.
2. SUPPLIED OR FUNDED BY THE ZONING AUTHORITY FOR LOCATION IN THE SHOOTING RANGE.
B. ANY NOISE BUFFERING OR ATTENUATION UNDER THIS SECTION MUST COMPLY WITH THE STATE NOISE STANDARDS PRESCRIBED BY SECTION 17-602.
17-604. Nighttime shooting range operations
A. OUTDOOR SHOOTING RANGES THAT ARE LOCATED IN AREAS THAT ARE ZONED FOR RESIDENTIAL USE OR ANY OTHER USE THAT INCLUDES A SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH SHALL NOT OPERATE AFTER 10:00 P.M. THROUGH 7:00 A.M.
B. THIS SECTION DOES NOT APPLY TO ANY SHOOTING RANGE THAT PROVIDES LAW ENFORCEMENT OR MILITARY TRAINING. THESE RANGES MUST PROVIDE ADEQUATE PUBLIC NOTICE INCLUDING POSTING IN FOUR PUBLIC LOCATIONS WITHIN ONE MILE OF THE EXTERIOR BOUNDARIES OF THE RANGE EACH CALENDAR QUARTER OF THE SCHEDULE OF WHEN THE RANGE WILL OPERATE FROM 10:00 P.M. THROUGH 7:00 A.M. AND THE PURPOSE FOR THOSE NIGHTTIME OPERATIONS. NIGHTTIME OPERATIONS UNDER THIS SUBSECTION MUST COMPLY WITH THE NIGHTTIME NOISE STANDARDS PRESCRIBED BY SECTION 17-602.
17-605. Immunity from liability and injunction
AN OUTDOOR SHOOTING RANGE THAT WAS CONSTRUCTED BEFORE JULY 1, 2002 IN COMPLIANCE WITH EXISTING APPLICABLE COUNTY OR MUNICIPAL ORDINANCES AND ZONING REQUIREMENTS AND THAT IS OPERATING IN COMPLIANCE WITH THIS CHAPTER, OR A SHOOTING RANGE THAT IS CONSTRUCTED AND OPERATED AFTER JUNE 30, 2002 IN COMPLIANCE WITH THIS CHAPTER, IS NOT SUBJECT TO:
1. CIVIL LIABILITY IN ANY MATTER RELATING TO NOISE OR NOISE POLLUTION THAT RESULTS FROM OPERATING OR USING THE RANGE.
2. AN ACTION FOR NUISANCE ON THE BASIS OF NOISE OR NOISE POLLUTION.
3. AN INJUNCTION ON THE USE OR OPERATION OF THE RANGE ON THE BASIS OF NOISE OR NOISE POLLUTION.