2. Archery OrdinanceCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Archery Ordinance
MEETING DATE: Monday, April 28, 2003 Workshop
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
BACKGROUND: As Council will recall, last Fall this issue came before you on a
workshop as there were residents of the city concerned about some sport archers who were
setting up and using archery target ranges in their back yards. There is currently no
ordinance in place that specificaffy addresses the practice of archery within the city limits.
Law enforcement relies upon the archers to use safe practices and will charge them with the
crime of reckless or negligent endangerment if they fail to use safe practices. Some residents
are dissatisfied with this method of enforcement and desire a more stringent code that
specifically addresses the practice of archery in the city.
There are three approaches that can be taken in resolving this issue. The first
approach is to adopt no new ordinance and rely upon the laws that are currently on the
books. The proponents of this approach would point out that there have been no known
incidents of injuries or death due to archery practices in the City. I believe many individuals
in our law enforcement probably agree with this approach and do not perceive that the
practice of archery under the current laws is presenting any significant risks. However,
opponents would stress that the enforcement of safe archery practices without set standards
leads to enforcement after a tragedy occurs and is an ineffective preventive measure. From a
liability standpoint the City does face increased exposure when its police officers are placed
in the position to counsel archers on safe practices when no set standards have been
established.
The second approach is to adopt an ordinance that sets the safety standards for the
practice of archery in the City. Pragmatically this would require the utilization of standard
specifications for archery ranges as well as certification of archers. This probably goes
beyond the expertise of individuals we have within our law enforcement staff and creates
another level of bureaucracy within our police department that is already at its limits for
time and personnel. In addition, although it may somewhat reduce the liability exposure of
Archery Ordinance Memo
April 23, 2003
Page - 2
the City, some liability remains so long as our officers are left with the responsibility of
ensuring that the archery ranges in use maintain their approved specifications and the
archers are certified. Pm not certain if anyone on either side of the issue would be happy
with this approach.
The third option is to simply use the bright line approach and prohibit the practice of
archery within the City limits. This is certainly the most direct approach. It does the most
to limit the exposure of liability to the City and actually makes the job of the police officer
easier. I am aware that there are individuals that would be very disappointed with this
outcome. It may, however, be the most responsible approach to the issue.
RECOMMENDATION: That the Council consider adopting the attached ordinance.
FISCAL EFFECTS: None
Respectfully submitted,
C—��-A
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Attorney Chris Kukulski, City Manager
ORDINANCE NO.
AN ORDINANCE DECLARING IT UNLAWFUL FOR ANY PERSON TO DISCHARGE
ANY FIREARMS, OR USE AN AIRGUN, CATAPULT, SLING SHOT, CROSSBOW OR
BOW AND ARROW WITHIN THE LIMITS OF THE CITY AND AUTHORIZING THE
CITY ATTORNEY TO CODIFY THIS SECTION AND DECLARING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1. It is unlawful for any person to discharge any firearms, or use an airgun,
catapult, sling shot, crossbow or bow and arrow within the limits of the city, except that
this section shall not apply to peace officers in the discharge of their duties, or to persons
lawfully protecting their person or property or the person or property of others.
SECTION 2. Any person so offending shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided in section 1-9 of this code, and shall be
responsible for damages done as a result of any unlawful discharge.
SECTION 3. The City Attorney is hereby authorized to codify the above sections.
SECTION 4. 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
THIS DAY OF MAY, 2003.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk