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covering the same matters as embraced in this Ordinance are hereby repealed and all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repealed; provided, however, that such repeal shall not affect or prevent the prosecution or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repealed prior to the taking effect of this Ordinance; and provided further, the fact that any fee,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
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