ARIZONA STATE SENATE
Phoenix, Arizona
shooting ranges; noise
standards
Establishes noise and
operational standards for shooting ranges.
Provides immunity from civil liability for shooting ranges operating in
compliance with these standards.
According to the Arizona
Game and Fish Department, there are approximately 103 shooting ranges operating
in Arizona. Of these, 12 ranges are
currently at risk for closure. One of
the primary threats to shooting ranges is urban encroachment on shooting ranges
originally established far from populated areas.
Beginning in 1999, the
Legislature has annually passed legislation to help address shooting range
encroachment issues (Laws 1999, Chapter 322).
Also in 1999, a working group of interested parties was convened to
study and make recommendations to further address problems associated with the
location and operation of shooting ranges.
As a result of this group’s work, legislation was passed in 2000 to
establish a two-year Study Committee on Firearms Safety and Sport Shooting
Ranges (study committee) to make recommendations on shooting range safety,
noise mitigation methods, range and landowner conflict resolutions, range
relocation and other related issues (Laws 2000, Chapter 167).
The firearms safety and
ranges fund, created in 1999 to acquire state trust lands for the voluntary
location or relocation of government-owned shooting ranges and to assist with
noise abatement, was modified in 2001 to assist public shooting ranges with
noise abatement, safety enhancement, range design and relocation. Subject to appropriation, the fund consists
of revenues derived from the sale or lease of real property owned by the Game
and Fish Commission for use as public shooting ranges and an annual
distribution of $50,000 from retail sales tax collections; however, no monies
have yet been appropriated to this fund.
As a result of meetings of
the study committee, S.B. 1008 provides immunity from civil liability for a
shooting range in any matter relating to noise, if the range is in compliance
with specified noise and operational standards. There is no known fiscal impact to the state general fund
relating to the provisions of this bill.
1. Preempts any city, town, county or other state noise standards for shooting ranges.
2. Provides immunity from civil liability for the use or operation of a shooting range in matters relating to noise, if the shooting range is operated in compliance with the specified noise and operational standards.
3. Requires the zoning authority to provide for noise attenuation devices when rezoning property for certain uses within one mile of a shooting range that was constructed before July 1, 2002. Allows the zoning authority to provide for noise attenuation by supplying or funding the noise attenuation devices, or as a condition for development of the property.
4. Prohibits shooting range noise from exceeding the time varying sound equivalent of a 64 decibel noise over a one hour time period.
5. Prohibits the nighttime operation of shooting ranges that are located in areas zoned for residential use or uses that include a school, hotel, motel, hospital or church, except for law enforcement or military training purposes. Requires public notice and adherence to noise standards for the use of shooting ranges for law enforcement or military training purposes from 10:00 p.m. through 7:00 a.m.
6. Specifies the technical and meter requirements for taking sound measurements, including that measurements are to be taken 20 feet from the nearest occupied or proposed residence, school, motel, hotel, hospital or church.
7. States that the Legislature finds that outdoor shooting ranges are a matter of statewide concern.
8. Defines terms relating to shooting ranges and the measurement of sound levels.
9. Provides for a general effective date.
Amendments
Adopted by Committee
1. Limits the noise standard to the time varying sound equivalent of a 64 decibel noise over a one hour time period.
2. Allows shooting ranges currently in operation until July 1, 2003 to comply with the new noise standards.
3. Makes technical and conforming changes.
Senate Action
NRAE 2/7/02 DPA 4-1-3
Prepared by Senate Staff
February 11, 2002