HF 1038

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; exempting owners of certain 
  1.3             sport shooting ranges from liability for noise; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 604A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [604A.32] [DEFINITIONS.] 
  1.8      Subdivision 1.  [SCOPE.] For the purposes of sections 
  1.9   604A.32 to 604A.323, the terms defined in this section have the 
  1.10  meanings given them. 
  1.11     Subd. 2.  [GENERALLY ACCEPTED OPERATION PRACTICES.] 
  1.12  "Generally accepted operation practices" means those practices 
  1.13  adopted in rule by the department of natural resources that are 
  1.14  established by a nationally recognized nonprofit membership 
  1.15  organization that provides voluntary firearm safety programs 
  1.16  that include training individuals in the safe handling and use 
  1.17  of firearms, which practices are developed in consideration of 
  1.18  all information reasonably available regarding the operation of 
  1.19  shooting ranges. 
  1.20     Subd. 3.  [SPORT SHOOTING RANGE.] "Sport shooting range" or 
  1.21  "range" means an area designed and operated for the use of 
  1.22  archery, rifles, shotguns, pistols, silhouettes, skeet, trap, 
  1.23  black powder, or any other similar sport shooting. 
  1.24     Sec. 2.  [604A.321] [IMMUNITY.] 
  1.25     A person who owns or operates or uses a sport shooting 
  2.1   range that conforms to generally accepted operation practices in 
  2.2   this state is not subject to civil liability or criminal 
  2.3   prosecution in any matter relating to noise or noise pollution 
  2.4   resulting from the operation or use of the range if the range is 
  2.5   in compliance with any noise control laws or ordinances that 
  2.6   applied to the range and its operation at the time of 
  2.7   construction or initial operation of the range. 
  2.8      A person who owns, operates, or uses a sport shooting range 
  2.9   that conforms to generally accepted operation practices is not 
  2.10  subject to an action for nuisance, and a court shall not enjoin 
  2.11  or restrain the use or operation of a range on the basis of 
  2.12  noise or noise pollution, if the range is in compliance with any 
  2.13  noise control laws or ordinances that applied to the range and 
  2.14  its operation at the time of construction or initial operation 
  2.15  of the range. 
  2.16     Rules adopted by any state department or agency for 
  2.17  limiting levels of noise in terms of decibel which may occur in 
  2.18  the outdoor atmosphere do not apply to a sport shooting range 
  2.19  exempted from liability under this section.  However, this 
  2.20  section does not restrict the application of any provision of 
  2.21  the generally accepted operation practices. 
  2.22     Sec. 3.  [604A.322] [PREEXISTING SPORT SHOOTING RANGE.] 
  2.23     (a) A sport shooting range that is operated and is not in 
  2.24  violation of existing law at the time of the enactment of an 
  2.25  ordinance shall be permitted to continue in operation even if 
  2.26  the operation of the sport shooting range at a later date does 
  2.27  not conform to the new ordinance or an amendment to an existing 
  2.28  ordinance. 
  2.29     (b) A sport shooting range that is in existence as of the 
  2.30  effective date of this section and operates in compliance with 
  2.31  generally accepted operation practices, even if not in 
  2.32  compliance with an ordinance of a local unit of government, 
  2.33  shall be permitted to do all of the following within its 
  2.34  preexisting geographic boundaries if in compliance with 
  2.35  generally accepted operation practices: 
  2.36     (1) repair, remodel, or reinforce any conforming or 
  3.1   nonconforming building or structure as may be necessary in the 
  3.2   interest of public safety or to secure the continued use of the 
  3.3   building or structure; 
  3.4      (2) reconstruct, repair, restore, or resume the use of a 
  3.5   nonconforming building damaged by fire, collapse, explosion, act 
  3.6   of God or act of war occurring after the effective date of this 
  3.7   section.  The reconstruction, repair, or restoration shall be 
  3.8   completed within one year following the date of the damage or 
  3.9   settlement of any property damage claim.  If construction, 
  3.10  repair, or restoration is not completed within one year, 
  3.11  continuation of the nonconforming use may be terminated in the 
  3.12  discretion of the local unit of government; 
  3.13     (3) do anything authorized under generally accepted 
  3.14  operation practices, including, but not limited to: 
  3.15     (i) expand or increase its membership or opportunities for 
  3.16  public participation; or 
  3.17     (ii) expand or increase events and activities. 
  3.18     Sec. 4.  [604A.323] [LOCAL GOVERNMENT REGULATED.] 
  3.19     Except as otherwise provided in sections 604A.32 to 
  3.20  604A.322, a local unit of government may regulate the location, 
  3.21  use, operation, safety, and construction of a sport shooting 
  3.22  range. 
  3.23     Sec. 5.  [EFFECTIVE DATE; APPLICATION.] 
  3.24     Sections 1 and 2 are effective August 1, 1995, and apply to 
  3.25  actions commenced on or after that date.  However, the 
  3.26  rulemaking authority granted in section 1 is effective the day 
  3.27  following final enactment.