DOCKET ITEM CA2. June Fax Mayor Krasnoff Vice Mayor de Triquet and Members of the City Council

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1 ei C eake esa VIRGINIA DOCKET ITEM CA2 Office of the City Attorney 306 Cedar Pond Chesapeake Virginia June Fax TO Mayor Krasnoff Vice Mayor de Triquet and Members of the City Council Re AN ORDINANCE AMENDING CHAPTER 46 OF THE CHESAPEAKE CITY CODE ENTITLED OFFENSES AND MISCELLANEOUS PROVISIONS SECTION THEREOF TO SET THE NORTHERN BOUNDARY FOR UNLAWFUL DISCHARGE OF FIREARMS SPRING PROPELLED RIFLES OR PISTOLS OR AIR PROPELLED RIFLES OR PISTOLS Please find enclosed an ordinance amending Section 4642 of the City Code to re establish the northern boundary for unlawful discharge of firearms spring propelled rifles or pistols or airpropelled rifles or pistols The proposed amendments are a result of numerous citizen complaints regarding hunting and the discharge of firearms in areas close to new residential development The northern boundary for unlawful discharge of firearms was changed in 1993 when the lateral line was moved south from Elbow Road to the Atlantic Intracoastal Waterway and in 2004 when the line was moved slightly south again to Mount Pleasant Road Since 2004 extensive residential and commercial development has occurred within the permitted shooting area Therefore in the best interests of public safety an adjustment to the shooting boundary is recommended by the Police Department Chief Wright has reviewed and approved the proposed amendments and a copy of his memorandum addressed to the City Manager is enclosed Please advise if you have any questions or concerns in this regard truly CJan ry y L Proctor City Attorney JLP hvm Enclosures cc James E Baker City Attorney K L Wright Chief of Police The adheres to The princpies of equal employment opportunity TMs pokey extends to all pivg oms andservices supported by the City

2 Chesapeake VIRGINIA v Department of Police PO Box Chesapeake Virginia MEMORANDUM TO VIA FROM James E Baker City Manager Mary Ann Saunders Assistant to the City Manager K L Wright Chief of P DATE June SUBJECT Revisions to Chesapeake City Ordinance Section 4642 a Firearms Discharge within the City Over the last several years the Police Department has received numerous complaints from citizens with regard to firearm discharge and hunting A number of the complaints involve areas in which the existing boundaries are close to new residential development So having examined the source and nature of the complaints we thought a reevaluation of the prevailing ordinance prudent at this time Moreover the last two significant changes to this boundary occurred in 1993 when the lateral line was moved south from Elbow Road to the Atlantic Intracoastal Waterway and in 2004 when it was moved slightly south again to Mount Pleasant Road Since then 12 years there has been extensive residential and commercial development within the permitted shooting area The need to adjust the shooting boundary is clear and present and is in the best interests ofpublic safety With the understanding that the largest portion of open essentially undeveloped space can and should be preserved for hunting and recreational shooting the analysis revealed that using street by street boundaries unnecessarily excluded large tracts of land with an agricultural zoning Classification A thorough evaluation of the current Language suggests that a more practical option is to utilize standing Dominion power transmission lines more commonly referred to as high tension power lines to establish shooting boundaries below and around more congested residential retail commercial and academic developments We determined that the language in subsection e required modification to correct a legal deficiency with regard to wildlife control permitting As presently written kill permit holders are not bound by the restrictions of the City ordinance that is they may disregard the entire The adheres to the principles of equal employment opportunity This policy extends to all programs and services supported by the City

3 James E Baker Page 2 June ordinance as it pertains to established shooting boundaries and more importantly the minimum safe shooting distances to houses and roads The revised subsection e Ianguage requires kill permittees to observe the entire ordinance as it properly sets forth the safe areas and minimum safe shooting distances under most any circumstance The overarching goal of the proposed ordinance is to strike a much needed balance between the safety and tranquility of our community and the interests of citizens who wish to engage in hunting and recreational shooting activities In the interest of public safety as well as community cohesion with hunters and citizens who enjoy recreational shooting I support the proposed revisions to Chesapeake City Ordinance Section 4642 a Discharging Firearms Please advise if additional information is necessary KLW kbg

4 AN ORDINANCE AMENDING CHAPTER 46 ARTICLE II SECTION 4642 OF THE CHESAPEAKE CITY CODE TO SET THE NOTHERN BOUNDARY FOR UNLAWFUL DISCHARGE OF FIREARMS SPRING PROPELLED RIFLES OR PISTOLS OR AIR PROPELLED RIFLES OR PISTOLS BE IT ORDAINED by the Council of the Virginia that the Chesapeake City Code Chapter 46 Article II Section 4642 is amended as follows CHAPTER 46 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE II FIREARMS AND WEAPONS Sec Discharging firearms a It shall be unlawful to discharge any firearm spring propelled rifle or pistol or air propelled rifle or pistol from or across any land or water in the northern part of the city beginning at the ChesapeakelVirginia Beach city line at its intersection with Centerville Turnpike continuing on Centerville Turnpike in a southerly direction intefsectien with a to its intcrscction with the railroad tracks continuing along the railroad tracks continuing along the Atlantic Intracoastal Waterway extending westward to its intcrscction with the Southern Branch of the Elizabeth River continuing wcstward to its intcrscction with Interstate Route 61 and continuing along such road to its city line until intersecting with Benefit Road continuing in a westerly direction on Benefit Road until intersecting with Johnstown Road continuing in a northerly direction on Johnstown Road until intersecting with Stonegate Parkway continuing in Chesapeake Virginia Fax a westerly direction along Stonegate Parkway until intersecting with the 1300 block of Hillside Avenue continuing in a westerly direction along Hillside Avenue until

5 intersecting with the 900 block of Cantor Street and continuing in a westerly direction along Cantor Street until 946 Cantor Street then continuing northerly to where 946 Cantor Street intersects with the power transmission lines then continuing in a westerly direction along the path of the power transmission lines until intersecting with the 900 block of Unicorn Trail then continuing along the same power transmission lines until intersecting with the 1200 block of Shillelagh Road then continuing along the path of the power transmission lines until intersecting with Drumcastle Lane which occurs between Tluchak Lane and Equestrian Trail then continuing along the power transmission lines until intersecting with the 1100 block of West Road then continuing along the power transmission lines until intersecting with the 900 block of Dominion Boulevard South then continuing in a northwesterly direction along the same power transmission lines until intersecting with the 400 block of George Washington Highway South then continuing in a westerly direction until the power transmission lines intersect with the 600 block of Appaloosa Trail then continuing northwesterly along the power transmission lines until meeting at 3156 Martin Johnson Road then following Martin Johnson Road in a westerly direction until ending at the boundary of the Great Dismal Swamp in the 3500 block then continuing northerly along that boundary until ending at the Norfolk Southern railroad tracks then continuing along the railroad tracks in a westerly direction until the tracks intersect with the Great Dismal Swamp boundary then continuing northwesterly along the Great Dismal Swamp boundary until intersecting with the 5400 block of West Military Highway at the Suffolk city line then continuing north along the Suffolk city line until intersecting Chesapeake Virginia Fax

6 with Interstate 664 except that this prohibition shall not apply to any lawfully operated target shooting range or shotguns discharging pellets under the following conditions 1 On land that is 50 acres or more of contiguous area and 2 Under one ownership and or lease and 3 Used primarily for agricultural or conservation purposes and 4 The landowner or lessee has applied for a permit from the chief of police to use the property for this purpose The permit shall be granted by the chief of police if the application meets the requirements of this section and 5 Any person discharging a shotgun as set forth above shall at all times while engaged in such activity have in his or her possession written permission from the landowner or lessee to discharge such weapon on the premises As used in this section power transmission lines are defined as electricity power transmission lines which are high voltage lines that transmit large amounts of electricity over long distances and generally connect electricitv generating power stations to electrical substations in population centers via a series of large towers b It shall be permissible to discharge firearms etc outside the area described in subsection a of this section c Any discharge of firearms on any land or water enumerated in subsections a or b of this section shall be further subject to the provisions that it is unlawful to discharge any firearm spring propelled rifle or pistol or air propelled rifle or pistol from on across or within 150 yards of any building dwelling street sidewalk alley roadway or public land or public place within the city limits Chesapeake Virginia Fax

7 d This section shall not apply to the operation of a shooting event that is sponsored by an organized group provided the written approval of the chief of police as to the safety and location of the event is obtained prior to the event e Nothing in this section shall be construed to prohibit the firing of firearms rifles and submachine guns and like weapons by law enforcement agencies and military forces in the city as part of authorized training or in the performance of their duties or to any other person whose willful act is otherwise justifiable or excusable at law in the protection of life or property or is otherwise specifically authorized by law including but not limited to permits issued by the state department of game and inland fisheries to kill certain animals as authorized by state law 0 This section shall not apply to the killing of deer pursuant to Code of Virginia as amended on land of at least five acres that is zoned for agricultural use g It shall be permissible to discharge a firearm pursuant to Code of Virginia as amended within the area described in subsection a of this section where shotguns discharging pellets may be discharged h Notwithstanding any other provision in this section it shall be permissible to discharge pneumatic guns air propelled rifles and pistols at facilities approved for shooting ranges on other property where firearms may be lawfully discharged or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property in accordance with Virginia Code B Chesapeake Virginia Fax

8 ADOPTED by the Council of the Virginia this day of 2016 APPROVED ATTEST Mayor Clerk of the Council Chesapeake Virginia Fax