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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 --X�-- 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