shooting ranges; noise
standards
DPA |
Committee on Natural Resources and Agriculture |
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Committee on Military, Veteran Affairs and Aviation |
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Caucus and COW |
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Third Read |
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As Passed the House |
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SB 1008 establishes noise and operational standards for shooting ranges and provides them with immunity from civil liability relating to noise disturbances if shooting ranges operate in compliance with the bill’s established standards.
SB 1008 was amended in the Natural Resources and Agriculture Committee to clarify the distinction between outdoor and indoor shooting ranges and to provide shooting ranges with an “affirmative defense,” rather than “immunity from civil liability,” in relation to noise allegations. SB 1008 passed the Military, Veterans’ Affairs & Aviation Committee unamended.
Shooting ranges provide an opportunity for military and law enforcement training, sport shooting, fire arms and hunters safety classes, informal target shooting, trap and skeet shooting and recreation. The Arizona Game and Fish Commission regulates the construction and operation of shooting ranges in Arizona.
In 1999, the Arizona Legislature allocated $50,000 of retail sales tax revenues along with monies derived from sales and leases of Game and Fish Commission property to a program for developing shooting ranges statewide. This program had the stipulation to relocate certain shooting ranges with the intent of preventing noise disturbances; however, these monies were never appropriated. Also in 1999, an interest group recommended changes concerning location and operation of shooting ranges, specifically nuisance suits against shooting ranges. The group recommended a protection law for shooting ranges modeled after California’s range protection law, which limits shooting range liability in noise related cases.
§ Requires shooting ranges that are in operation on July 1, 2002 to comply with this act before July 1, 2003 and shooting ranges not in operation on July 1, 2002 to comply by this act’s effective date.
§ Preempts any city, town, county or other state noise standards for shooting ranges.
§ Defines shooting range and the following terms, which relate to measures of sound:
A-weighted, DBA, decibel and LEQ (h).
§ Prohibits the noise from exceeding the time varying sound equivalent of a 64-decibel noise over a one hour time period.
§ Requires each shooting range to measure and keep records of the noise they emit at their expense and allows any person to review the noise measurements.
§ Allows any person to measure noise emitted from shooting ranges with prescribed measurement process standards at their own expense.
§ Prohibits the operation of shooting ranges between 10pm and 7am if it is located in an area zoned for residential use unless the range is used for law enforcement and/or military training and provides public notice announcing this activity.
§ Describes the technical and meter requirements for shooting ranges or any person performing sound pressure measurements.
§ Requires the zoning authority to provide for noise buffer or attenuation devices when rezoning property for certain uses within one mile of a shooting range that was constructed before July 1, 2002.
§ Stipulates that shooting ranges that are constructed before July1, 2002 and follow local ordinances and zoning requirements or are constructed after June 30, 2002 are provided immunity, regarding noise or noise pollution, from civil liability, actions for nuisance and injunctions on their use or operation if they comply with this act.
§ States that the Legislature finds that shooting range noise standards are a matter of statewide concern.
SB 1008 was amended
in the Natural Resources and Agriculture Committee as follows:
§ Clarifies that the provisions of the bill apply only to outdoor shooting ranges.
§ Replaces the section that provided a shooting range with “immunity from civil liability” with an “affirmative defense.”
§ Makes technical and conforming changes.
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45th Legislature
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Second Regular Session 2 April
19, 2002
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