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HomeMy Public PortalAboutOrdinance 398AN ORDINANCE ADDING SECTION 10 -2 -65 TO THE FRASER TOWN CODE CONCERNING THE DISCHARGE OF FIREARMS WITHIN THE TOWN. WHEREAS, the Fraser Town Board considers it to be in the public interest to prohibit the discharge of firearms within the Town of Fraser. NOW THEREFORE, BE IT ORDAINED by the Fraser Town Board, Colorado that the following section be added to the Town Code as follows: PART 1: TOWN OF FRASER ORDINANCE NO. 398 Series 2012 Section 10 -2 -65 DISCHARGING FIREARMS UNLAWFUL: A. It is unlawful for any person to discharge or cause to be discharged, any firearm within or into the town limits. B. Exemptions: This section shall not apply to: 1. A sworn peace officer or a member of the armed forces of the United Sates or the Colorado National Guard, or an employee of the United States Department of Agriculture acting in lawful performance of his duties. 2. A person discharging a firearm in the lawful defense of persons or property. 3. A person discharging a firearm in the course of lawful hunting, target, or recreational shooting on public or private land when the discharge will not endanger adjacent persons or property; a. The exemptions contained in paragraph 3 shall not apply to the discharge of a firearm i. On, across, or within 50 feet from the centerline of any public roadway or public property; ii. Within 200 yards of any dwelling or occupied structure. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance; and provided further, the fact that any fee, rate or schedule previously adopted by the Town of Fraser has been omitted from this Ordinance shall not operate as a repeal of such fee, rate or schedule, but the same shall remain in effect. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED AND SIGNED THIS 18 DAY OF JULY, 2012. Votes in favor: Votes opposed: Votes abstained: ATTEST: Lu Berger, Town CI Published in the Middle Park Tines on July 26, 2012_ shall take effect thirty (30) days after publication PUBLISHED BY THE BOARD OF TRUSTEES TOW Peggyep ayor FRASER, COLORADO 1