2. Archery OrdinanceCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Rich Hickel, Adj. City Attorney
SUBJECT: Archery Ordinance Alternatives
MEETING DATE: Monday, September 9, 2002
BACKGROUND: A controversial issue regarding regulation versus
elimination of archery within the City limits. Has
engendered strong feelings on both sides of the
issue.
RECOMMENDATION: This office takes no position on the issue.
FISCAL EFFECTS: This office would anticipate a minimal fiscal
impact regardless of which alternative was
selected by the Council. There would be an
increase in enforcement time directed to the
issue, but we would not anticipate any need
for additional staffing to administer or
enforce regulations.
ALTERNATIVES: We have included two alternatives for review
and discussion.
Alternative A is similar to the Whitefish Ordinance which
prohibits archery except in approved ranges or galleries.
Alternative B permits a "target area" on private property,
subject to regulations regarding backstops and clear
distances. Suggested area standards were plagiarized from
regulations and specifications assembled by Chief Garner.
A third alternative is to make no changes, leaving the
situation "as is." This would, in effect, regulate archery
through the Negligent Endangerment provision of the Montana
Code, §45-5-208 which Mr. Harball previously explained in his
August 2, 2002 memorandum.
Archery Ordinance
Page 1
Res, ee tfully s
ubmit ed,
p'9_ r�l
Rich Hic el, dj. City Attorney
Archery Ordinance -Memo
Page 2
Chris Kukulski, City Manager
ORDINANCE NO. _
AN ORDINANCE PROHIBITING THE DISCHARGE OF BOWS AND ARROWS
WITHIN CITY LIMITS, PRESCRIBING PENALTIES, AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I.
1-1. Discharge of Arrows Unlawful.
A. It is unlawful for any person to discharge an arrow from a bow, regardless
of type, within the limits of the City.
B. The foregoing section shall not apply to the discharge of arrows at an
established public or private archery shooting range or gallery which has
been approved by the local governing body.
1-2. Violation -Penalty.
Any person found guilty of the violation of section 1-1 shall be fined not more than
SECTION II.
2-1. Effective date.
This Ordinance shall be effective thirty (30) days from and after the date of its final
passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS _ DAY OF 2002.
Pamela Kennedy
Mayor
Attest:
Theresa White
City Clerk
Alternative A
ORDINANCE NO. _
AN ORDINANCE REGULATING THE DISCHARGE OF BOWS AND ARROWS
WITHIN CITY LIMITS, PRESCRIBING PENALTIES, AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I.
1-1. Bow and Arrow Restrictions.
A. No person shall shoot, fire, or otherwise discharge any arrow or projectile
through the use of a bow or other device, except in the following cases:
1) when done in lawful defense of a person, property, or family; or,
2) when done either at an organized and established public or private
archery shooting range or gallery which has been approved by the
local governing body; or,
3) when done at an archery shooting target area on private grounds or
premises under circumstances and in such a manner so as not to
endanger person, property, or animal, and also performed in such a
manner so as to prevent any arrow or projectile from traversing
any grounds or air space outside the established boundaries or
limits of any archery shooting range gallery or archery shooting
target area on private grounds or premises.
B. No person who is less than fifteen years of age shall shoot, fire, or
otherwise discharge any arrow or projectile through the use of a bow or
other device except when done in lawful defense of a person, property, or
family, or when done while being supervised by an adult as that term is
defined in Montana state law.
1-2. Standards for approved Ranges or Galleries.
A. The City shall be the staff member responsible for
reviewing requests for approval for organized public and private archery
shooting ranges or for target areas on private grounds. Approval must be
obtained prior to using the range.
B. For organized public and private indoor or outdoor archery shooting
ranges or galleries, the design suggestions and specifications that are
Alternative B
distributed by the National Field Archery Association (NFAA) shall be
followed to the extent feasible and applicable whenever such a range is
constructed in the city.
C. Approved archery shooting target areas on private grounds or property
must comply with the following regulations:
i) If a target butt is situated so that any open area, road, or building
is behind it within a distance of _ yards, then the target must be
provided with an adequate backstop which must not leak arrows or
projectiles.
ii) No target shall be placed on top of a hill where a miss becomes
virtually a flight arrow.
iii) Distance on either side of the target must be secured to a range of
30 degrees from the shooting position to the target (15 degrees to
each side of the target), establishing a "cone of safety" from the
shooting position.
1-3. Violation -Penalty.
Any person found guilty of the violation of sections 1-1 or 1-2 shall be fined not
more than $ . In addition, a proven violation of the regulations
imposed in section 1-2 shall be grounds for terminating approval for use of the
private archery shooting target area.
SECTION II.
This Ordinance shall be effective thirty (30) days from and after the date of its final
passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS _ DAY OF 2002.
Pamela Kennedy
Mayor
Attest:
Theresa White
City Clerk
Alternative B