HomeMy WebLinkAbout928_Part 10 Ch 3_Permit Archery_Air Rifle in City LimitsTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 928
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES,
CHAPTER 3, OFFENSES AGAINST THE PUBLIC, OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING
SAME BY PERMITTING THE USE OF INDOOR AIR RIFLE AND
ARCHERY RANGES.
THIS ORDINANCE AMENDS PART 10, CHAPTER 3, OF THE CITY OF
OWASSO CODE OF ORDINANCES BY AMENDING SECTION 10 -308, AIR
RIFLES PROHIBITED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Three, Offenses Against the Public,
Section 10 -308, Air Rifles Prohibited, of the Code of Ordinances of the City of Owasso, Oklahoma,
shall be amended as follows:
SECTION 10 -308 INDOOR AIR RIFLES AND ARCHERY RANGES PERMITTED
A. The use of indoor air rifle and archery ranges shall not be unlawful in the City of Owasso
provided that the following specifications are met by each person or person(s) engaged in the use of
an indoor air rifle or archery equipment on a range:
1. Facility must be designed in such a manner as to provide for complete containment of the
projectile.
2. Only arrows with "field tips" are permitted. `Broadheads" are prohibited.
3. Facility must be designed to include a backstop capable of stopping the projectile being
fired.
B. The Chief of Police, or any other police officer of the City of Owasso, is hereby authorized to
seize, remove or destroy any air rifle, air pistol or similar instrument in which the propelling force is
a spring or air, which is possessed, operated or used in any manner not in conformity with the
specifications set forth in section (A) of this ordinance, or is used in any manner which violates any
other section within this chapter.
C. The City Manager shall from time to time promulgate additional Rules and Regulations governing
the use of indoor air rifle and archery ranges as considered necessary. The promulgation of such
Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council
in writing of the proposed Rules and Regulations, and shall require that the exact language of the
proposal be attached to the notice. The notice sent to the City Council shall be placed on the
Consent Agenda of a City Council meeting. Publication of the notice on the Consent Agenda shall
serve as acknowledgement of Council receipt of the proposed change(s). Upon notification to the
City Council, and for a period of thirty (30) days thereafter, the proposed Rules and Regulations shall
lay open and shall be subject to City Council action to disapprove either in whole or in part. If the
City Council fails to take action to disapprove the proposed Rules and Regulations within the thirty
(30) day period, such Rules and Regulations shall be deemed to have the force and effect of law.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent
of the conflict only.
SECTION THREE (3): SEVERABILITY
If any sections within this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining sections shall not be affected and shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by amending section 10 -308, and shall
be codified as Part 10, Chapter 3, Section 308, in the City of Owasso Code of Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the 16th day of September, 2008.
Stephen Ca udella, Mayor
APPROVED as to form and legality:
Julie Ikombardi, 6ty Attorney
City of Owasso
Attn: Legal —Pat
P.O. Box 180
Owasso, OK 74055
PUBLISHER'S AFFIDAVIT
ORD NO. 928
PUBLICATION DATE(S)
09/23/08
CASE NUMBER: ORD NO. 928
AD NO: 00066897
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified
to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
Representative Silnffture
Subscribed to and sworn to me this 24th day of September, 2008.
Notary Public 1,2)',
CY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 144.20 IGO �y ( Votary Public - State of owiloma 1*0 County My CommL'00n EOW December 8, 2010
Contfnl On # 06011684
66897
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, September
23, 2008.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 928
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 3,
OFFENSES AGAINST THE PUBLIC, OF THE CODE OF ORDINANCES OF THE
CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PERMITTING THE USE
OF INDOOR AIR RIFLE AND ARCHERY RANGES.
THIS ORDINANCE AMENDS PART 10, CHAPTER 3, OF THE CITY OF OWASSO
CODE OF ORDINANCES BY AMENDING SECTION 10 -308, AIR RIFLES PRO-
HIBITED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Three, Offenses Against
the Public, Section 10 -308, Air Rifles Prohibited, of the Code of Ordinances of the
City of Owasso, Oklahoma, shall be amended as follows:
SECTION 10 -308 INDOOR AIR RIFLES AND ARCHERY
RANGES PERMITTED
A. The use of indoor air rifle and archery ranges shall not be unlawful in the City of
Owasso provided that the following specifications are met by each person or
person(s) engaged in the use of an indoor air rifle or archery equipment on a range:
1. Facility must be designed in such a manner as to provide for complete contain-
ment of the projectile.
2. Only arrows with "field tips" are permitted. "Broadheads" are prohibited.
3. Facility must be designed to include a backstop capable of stopping the projectile
being fired.
B. The Chief of Police, or any other police officer of the City of Owasso, is hereby
authorized to seize, remove or destroy any air rifle, air pistol or similar instrument in
which the propelling force is a spring or air, which is possessed, operated or used in
any manner not in conformity with the specifications set forth in section (A) of this
ordinance, or is used in any manner which violates any other section within this chap-
ter.
C. The City Manager shall from time to time promulgate additional Rules and
Regulations governing the use of indoor air rifle and archery ranges as considered
necessary. The promulgation of such Rules and Regulations, in whole or in part, shall
require the City Manager to notify the City Council in writing of the proposed Rules
and Regulations, and shall require that the exact language of the proposal be
attached to the notice. The notice sent to the City Council shall be placed on the
Consent Agenda of a City Council meeting. Publication of the notice on the Consent
Agenda shall serve as acknowledgment of Council receipt of the proposed
change(s). Upon notification to the City Council, and for a period of thirty (30) days
thereafter, the proposed Rules and Regulations shall lay open and shall be subject to
City Council action to disapprove either in whole or in part. If the City Council fails to
take action to disapprove the proposed Rules and Regulations within the thirty (30)
day period, such Rules and Regulations shall be deemed to have the force and effect
of law.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any sections within this ordinance are deemed unconstitutional, invalid or ineffec-
tive, the remaining sections shall not be affected and shall remain in full force and
effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date
of final passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by amending section 10-
308, and shall be codified as Part 10, Chapter 3, Section 308, in the City of Owasso
Code of Ordinances.
APPROVED by the City Council of the City of Owasso, Oklahoma on the 16th day
of September, 2008.
/s/Stephen Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality:
/s/ Julie Lombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY D. ROONEY
ASSISTANT CITY MANAGER
SUBJECT: ORDINANCE NO. 928
APPROVED BY COUNCIL
SEP 16 2008
REQUEST TO AMEND CITY CODE OF ORDINANCES TO ALLOW
FOR INDOOR AIR RIFLE AND ARCHERY RANGES
DATE: September 12, 2008
BACKGROUND:
The City of Owasso has received a request from Mr. Steve Singleterry, Administrator for the
Owasso Campus of the Baptist Children's Home to allow for a firearm safety educational course
and a competitive target practice program at their campus facility. A copy of the request letter
from Mr. Singleterry is attached for your information and review.
As addressed in the request letter, the equipment to be utilized for the proposed program would
be spring force or gas operated pellet rifles and pistols only. No powder charged or metal
cartridge firearms would be utilized. Currently, Section 10 -308 of the Owasso Code of
Ordinances prohibits the use of air rifles or similar instruments in which the propelling force is a
spring or air within the City Limits. A copy of this portion of the Code of Ordinance is attached.
Chief Yancey, Deputy Chief Chambless, and Mr. Wiles reviewed the request from Mr.
Singleterry. All felt the indoor instruction and target practice facility requested by Mr.
Singleterry, along with the supervision outlined, did not pose any type of inherent danger or risk.
Staff committed to Mr. Singleterry to place a request before the City Council to amend the Code
of Ordinances to allow for indoor air rifle ranges.
ADDITIONAL INFORMATION:
Upon staff review of the Code of Ordinances, it also became evident that archery facilities were
not addressed. As a result, staff is also proposing that indoor archery facilities be included in the
amendment to the Code of Ordinances. Additional safety precautions regarding facility design
and the types of archery tips that may be utilized have been added to the proposed ordinance.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 928,
of Ordinances to allow for indoor air rifle and archery ranges.
ATTACHMENTS:
1. Request Letter from Mr. Singleterry
2. Copy of Section 10 -308 of the City Code of Ordinances
3. Proposed Ordinance No. 928
amending the City of Owasso Code
Baptist Children's
WASSO
June 9, 2008
TO: Owasso City Council
RE: Request for a variance
FROM THE DESK OF
STEVE SINGLETERRY
ADMINISTRATOR
The Baptist Children's Home has been in Owasso since 1973 and is a licensed (by the
Department of Human Services) and currently has a capacity of 52 children and youth. Our
program currently provides residential services for children, youth and adolescent maternity
clients for the state. Our residents are typically neglected, abused or come from economically
disadvantaged families. We are a true non - profit 5016 as we do not charge families or DHS
for any of our services while the children are in our care. We are proud to be a part of the
Owasso community while "helping children become capable, caring Christian adults..."
The activity program at the Baptist Children's Home is continually reviewed and revised in
order to offer a variety of activities, skills development, recreational and educational
opportunities for our residents during their placement on our campus. Recently, one such
opportunity presented itself at the request of several of our residents that they would like to
learn firearm safety and be able to participate in some form of competitive target practice
program. We respectful submit this proposal and ask your consideration of our request for a
variance in this matter so we might be able to offer a " *firearm" safety educational course and
a competitive target practice program at our campus facilities in Owasso. Please review the
program elements as outlined below.
Instructors: 1) Charles McCormick retired Oklahoma Highway Patrolman, an active
Children's Home volunteer and former employee and 2) Steve Singleterry, Children's Home
Administrator, NRA Youth and Marksman Program. The program would be a scheduled
activity, open to those residents at who are at a higher level of behavior and performance and
the program would maintain a 2 to 1 - resident to staff ratio for safety and supervision at all
times.
Program Elements: Residents would learn "firearm" safety elements: handling, loading,
discharging and cleaning and storage of the rifles and pistols. Range safety procedures would
also be presented and a strict adherence to all rules and guidelines would be required of all
participants. Ear and eye protection will be required and we have floor mats for the various
"shooting" positions for the residents. Instructors would hold classes as a group, but only 2
"shooting" residents would be allowed in the range area with the range master.
Equipment: The program would utilize only spring force or gas operated pellet rifles and
pistols for safety training and target practice. *Absolutely no powder charged or metal
cartridge firearms would be utilized in this program.
Note: We will not use "assault style" or "exotic" styled rifles or pistols, but typical target
practice (single shot or 5 shot magazine) styled rifles that can be discharged at standing,
sitting and prone positions and basic air /gas operated pistol models. These are not toys and
the residents will not have any unsupervised access to the rifles or pistols. We have
researched several programs and equipment used in European based air /gas discharged
competitive target practice programs that are allowed in countries with very strict traditional
firearm laws.
Storage: All rifles, pistols and pellets will be stored in a locked metal storage cabinet in a
locked storage room, within the Vocational Educational building (which requires staff
supervision for our residents to be in the building) with keys only available to the above
mentioned staff.
Facility: The range would be indoors at our Vocational Educational building (insulated metal
building at 7295 N 127' East Ave, specifically in the "drive through auto bay ". The program
would utilize paper target (scoring rings) with steel safety target traps at 50' — all indoors and
within the building's bay. These traps are designed for 22 caliber rimfire target practice and
are more than adequate to stop the spring or gas propelled pellet. In addition, we would place
a large sheet of 1/8" plate steel behind the target traps as secondary or safety backdrop panel
that would stop any stray pellet from the range area. We believe that having the "range ",
educational room, and storage indoors at our Vocational Educational building will limit any
substantive noise issues or public viewing of the program.
Target Trap — rated to "trap" a 22
rimfire bullet.
We appreciate your kind consideration of this request, and if you have any additional
questions, please contact either Chuck McCormick or myself at the campus.
Steve Singleterry
Administrator
Baptist Children's Home — Owasso Campus
12700 East 76th Street North
Owasso, Oklahoma 74055
918- 272 -2233
Offenses and Crimes
b. a firearm used in the commissi +on of a crime other than a violation of subsection
(B) of this ordinance.
c. Nothing in this section shall be construed to require confiscation of any firearm.
(Ord. No. 854, 04/18/2006)
SECTION 10 -307 DISPLAY OF GUNS UNLAWFUL - REPEALED
(State Law Reference: Firearm Regulation -State Preemption, 21 O.S. § 1289.24)
(Repealed by Ord. No. 853, 04/18/2006)
SECTION 10 -308 AIR RIFLES PROHIBITED
A. It is unlawful and an offense for any person to have in his possession a loaded air rifle or
pistol, or similar instrument in which the propelling force is a spring or air, within the city.
B. The chief of police or other police officers of the city is and are hereby authorized to seize,
remove or destroy any air rifle, air pistol or similar instrument in which the propelling force is a spring or
air and possessed in violation of this chapter. (Prior Code, Secs. 14 -67, 14 -68)
SECTION 10 -309 DISCHARGING WEAPONS, THROWING MISSILES
It is unlawful for any person, except a duly commissioned police officer or civilian in the presence
and under the direction of duly commissioned police officers of the City of Owasso, Oklahoma, while
participating in training or tournament activities on the Owasso Police Department Firing Range, to
discharge or fire any species of firearms, air pistol, air rifle, air gun, slingshot, or discharge a grenade,
bomb or similar device, or other weapon, or throw any missile within the city, except when necessary for
the protection of life or property in accordance with law. (Prior Code, Secs. 14 -54, 14 -66, Ord. No. 549,
8/17/97)
State Law Reference: Discharging firearms or air rifles in public places, 21 O.S. Section 1364;
authority of city to prohibit discharge of firearms, 11 O.S. Section 655.
SECTION 10 -310 RECKLESS CONDUCT
It is unlawful for any person to engage in reckless conduct while having in his possession any
shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability
of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of
another person.
SECTION 10 -311 LOUD NOISE OR MUSIC PROHIBITED, AMPLIFIED SOUND
It is unlawful for any person to disturb the peace and quietude of any part of the city by operating,
having operated, or permitting to be operated, any contrivance, whether electric or not, with or without a
loud speaker, in such a manner as to emit loud music, noise or words. This section shall not prohibit
religious bodies from playing chimes, bells, carillons or other religious music. (Prior Code, Sec. 14 -57)
SECTION 10 -312 NOISES
It is unlawful for any person to create any loud or unnecessary noises of such character, intensity or
duration as to be detrimental, or disturbing to the peace, lives or health of any individual. The following
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