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Senate Engrossed
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State of Arizona
Senate
Forty-fifth
Legislature
Second Regular Session
2002
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SENATE BILL 1008
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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 SHOOTING RANGE NOISE STANDARDS ARE A MATTER OF STATEWIDE CONCERN. CITY, TOWN, COUNTY AND ANY OTHER STATE NOISE STANDARDS ARE PREEMPTED AS APPLIED TO SHOOTING RANGES.
B. EACH SHOOTING RANGE IN THIS STATE SHALL MEASURE THE NOISE EMITTED FROM THE SHOOTING RANGE PURSUANT TO SUBSECTION E. THE SHOOTING RANGE SHALL PAY FOR THE MEASUREMENT AND SHALL KEEP THE RESULTS OF THE MEASUREMENT AT THE SHOOTING RANGE AT ALL TIMES. ANY PERSON MAY REVIEW THE NOISE MEASUREMENT DURING THE SHOOTING RANGE'S BUSINESS HOURS.
C. ANY PERSON, AT THE PERSON'S EXPENSE, MAY MEASURE THE NOISE EMITTED FROM A SHOOTING RANGE PURSUANT TO SUBSECTION E.
D. THE NOISE EMITTED FROM A SHOOTING RANGE SHALL NOT EXCEED AN LEQ(h) OF SIXTY-FOUR DBA.
E. IN MEASURING THE NOISE EMITTED FROM A SHOOTING RANGE:
1. IF A SHOOTING RANGE PERFORMS THE MEASUREMENT OF NOISE PURSUANT TO SUBSECTION B, 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. IF A PERSON PERFORMS THE MEASUREMENT OF NOISE PURSUANT TO SUBSECTION C, SOUND PRESSURE MEASUREMENTS SHALL BE TAKEN TWENTY FEET FROM THE PERSON'S RESIDENCE, SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH, OR TWENTY FEET FROM THE PROPOSED LOCATION OF THE PERSON'S RESIDENCE, SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH IF THE PROPERTY IS ZONED FOR SUCH A STRUCTURE BUT IS CURRENTLY UNIMPROVED.
2. SOUND PRESSURE MEASUREMENTS SHALL BE MADE IN A LOCATION DIRECTLY BETWEEN THE SHOOTING RANGE AND THE NEAREST EXISTING OR PROPOSED RESIDENCE, SCHOOL, HOTEL, MOTEL, HOSPITAL OR CHURCH. IF THERE ARE NATURAL OR ARTIFICIAL OBSTRUCTIONS THAT PREVENT AN ACCURATE NOISE MEASUREMENT, THE MEASUREMENT MAY BE TAKEN WITHIN AN ADDITIONAL TWENTY FEET RADIUS FROM THE INITIAL MEASUREMENT LOCATION.
3. SOUND PRESSURE MEASUREMENTS SHALL BE MADE ON THE A-WEIGHTED FAST RESPONSE MODE SCALE. 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.
F. SHOOTING RANGES IN OPERATION ON JULY 1, 2002 SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION BEFORE JULY 1, 2003. SHOOTING RANGES NOT IN OPERATION ON JULY 1, 2002 SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION FROM AND AFTER THE EFFECTIVE DATE OF THIS ACT.
G. FOR THE PURPOSES OF THIS SECTION:
1. "A-WEIGHTED" MEANS A FREQUENCY WEIGHTING NETWORK USED TO ACCOUNT FOR CHANGES IN SENSITIVITY AS A FUNCTION OF FREQUENCY.
2. "DBA" MEANS A-WEIGHTED DECIBELS, TAKING INTO ACCOUNT HUMAN RESPONSE TO SOUND ENERGY IN DIFFERENT FREQUENCY BANDS.
3. "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.
4. "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 A 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. 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 FROM 10:00 P.M. THROUGH 7:00 A.M.
B. THIS SECTION DOES NOT APPLY TO ANY SHOOTING RANGE WHILE IT IS PROVIDING 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
A 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.