08-10431 Paint Ball Guns1
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(Published in the Salina Journal on January `, 2008.)
ORDINANCE NUMBER 08-10431
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE IX, SECTION 25-155 OF THE
SALINA CODE PERTAINING TO AIR GUNS, AIR RIFLES, BOW AND ARROWS, SLINGSHOTS,
PAINTBALLS OR BB GUNS AND REPEALING EXISTING SECTION 25-155. '
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Section 25-155 of Chapter 25, Article IX of the Salina Code is hereby amended
as reads as follows:
"Sec. 25-155. Air gun, air rifle, bow and arrow, slingshot, paintball or BB gun; License.
(a) It shall be unlawful for any person to discharge, operate or shoot any air gun, air rifle,
bow and arrow, slingshot, paintball or BB gun, within the city, except:
(1) Within the confines of a building or other structure from which projectiles cannot
escape; or
(2) As part of properly licensed instructional and educati r amnducted by a
state accredited educational institution, or at a prope en i , = 1 facility in
accordance with all the facility's rules and regul .- s e facility applies
for and is granted a Conditional Use Permit to e ' -�' r location; or
(3) As part of a municipal parks and
(b) License.
It shall be unlawful for any
commercial paintball facility to c
arrow, slingshot, paintball or B
building or other structure with
operated by accredited educatlo
apply for a license shall
and supplied by the c' sir
terms and conditions a
reasonably nece' a
general public, 1 x t
provide at the time cry r on
Mate ed nal institution's facility or a
ischa to or shoot any air gun, air rifle, bow and
1 e city limits and outside the confines of a
rise as provided in this section. Facilities
r inss-ion's and commercial paintball facilities that
ith the city clerk on forms to be prepared by
u Any license so issued shall be subject to such
of police or the zoning administrator determine are
30 protect the safety of the participants therein and the
of limited to the following, which the applicant shall
to the city clerk:
(1) m- F
itten proof public liability insurance for the permitted activity with a
_�
m1 um single occurrence coverage of five hundred thousand dollars
($50.00). The policy shall name the City of Salina as an additional insured.
ritten proof that the location of the proposed activity is zoned appropriately and
t the activity is permitted by the owner of the property and the city's zoning
ordinance.
(4)
A written description of safeguards that are intended and designed to minimize the
exposure to members of the public or adjoining properties from the activity.
Written proof of adequate training and supervision of the activity by
persons over the age of eighteen (18).
(5) Copies of all rules and regulations which are intended to provide safety to 1
participants, spectators, and employees. The safety rules, regulations a
safeguards shall comply with all administrative rules established by the chief
police.
(c) Insurance prerequisite to issuance of license.
Before any license is issued, the applicant or licensee shall present to the city c1l
evidence of a satisfactory, public liability insurance policy covering all operations of f
hundred thousand dollars ($500,000.00) combined single limit or liability and prope
damage. Should any policy be cancelled, the city shall be notified of such cancellati
within ten (10) days after such cancellation is effective, and provisions to that eff
placing upon the company writing such policy the duty to give such notice shall
incorporated in such policy. If any such insurance policy at any time fails, in the opin.
of the chief of police, to comply with the provisions of this section or to afford reasonal
satisfactory protection to the persons intended to be protected thereby , he/she shall
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writing so notify the licensee and the city clerk, and failure to maintain the insurance
required by this section shall be grounds for revocation of any such license, or in the
direction of the chief of police, for the suspension thereof until the insurance required by
this section is so furnished, and it shall be unlawful for any person to discharge, operate or
shoot any air gun, air rifle, bow and arrow, slingshot, paintball or BB gun, within the city
limits and outside the confines of a building or other structure at that location while the
license to do so is for any reason suspended or after such license is for any reason revoked.
(d) Fees for license.
(a) Fee. The application fee for each such license shall be one hundred dollars
($100.00). This fee shall be paid at the time the application is filed.
(b) Expiration. Each license shall be for a term of one (1) year from the date
issuance and shall be renewable annually without submittal of additional fees.
(e) Rules and Regulations.
The zoning administrator and chief of police shall establish
but not limited to minimum land area requirements. Both tl
chief of police shall have the authority to deny any and a is
safety concerns notwithstanding zoning requirement t
No license shall be issued unless the proposed act'
administrative regulations established by the ch
approved by City Commission resolution urp
operation or shooting of any air gun, air riflo arra
gun, within the city.
(f) Issuance of license.
Upon receipt of an application
forthwith forward the api
Within ten (10) days
shall review the appy on
(planning) and c ati -
issue a license t
police.
(g)
ator and the
eq b sed on public
's qualifications.
id t n compliance with
tng administrator and
regulating the discharge,
slingshot, paintball or BB
arti ` o gistration and license, the city clerk shall
Q t ning administrator and the chief of police.
e the zoning administrator and chief of police
compliance with appropriate zoning requirements
pplicant's qualifications (police). The city clerk shall
oval from the zoning administrator and the chief of
in violation of the provisions of this section shall be fined not less 1
rs ($100.00), nor more than four hundred ninety-nine dollars ($499.
in jail not more than one hundred seventy-nine (179) days.
Parks and Recreation Programs.
parks and recreation programs are not required to obtain a license but
afety plan for approval by the chief of police.
Section 2. That the existing Section 25-155 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
publication once in the official city newspaper.
Introduced: January 14, 2008
Passed: January 28, 2008
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
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Alan E. Jilka, Mayor