§ 9.20.020. Discharge of weapons

A. No person other than a police officer acting in his or her capacity as such shall discharge a firearm within the limits of the city of Estacada except under the following circumstances:

a. When the discharge occurs at a firing range approved by the city council and the discharge is conducted in a safe and reasonable manner and with due regard for the safety of all persons and property, or

b. When the discharge is by a person duly licensed by the Oregon Department of Agriculture as a custom slaughterer provided that the person is acting within the scope of the authority granted by the license and in furtherance of the activities for which the license has been obtained. Sight securing should be used when possible during all slaughter activity.

c. When the discharge is for the humanitarian purpose of euthanizing an animal that has been injured or ailing.

d. When the discharge is in full compliance with a permit issued by the city council of the city of Estacada or its designee.

B. The permit referred to in subsection A. hereof may be issued only for such purposes as may be considered by the city of Estacada to be reasonable and necessary when a firearm is required in furtherance of a legitimate and otherwise lawful activity, but not including target practice outside of an approved firing range.

C. All permits issued pursuant to this ordinance shall contain the following provision:

"Permittee's use of a firearm shall at all times be conducted in a safe and reasonable manner, and all reasonable precautions shall be made to prevent harm to any person or the property of any person. Permittee shall be solely responsible for any and all injury arising out of permittee's activities. In no event shall the city of Estacada be responsible for injury to person or property as a result of the permittee's activities. Permittee shall indemnify, defend, and hold harmless the city of Estacada of and from any and all claims by any person for any injury, whether bodily injury, property injury, or otherwise, as a result of permittee's activities."

D. Any permit issued pursuant to this ordinance may contain such additional conditions as deemed appropriate such as limits on the location of use, limits relating to time of day, and special precautions relating to safety.

E. A permit shall be personal to a specifically named permittee who shall be a natural person. No permit issued pursuant to this ordinance is assignable or transferable. Every permit shall be limited in duration for a period which the issuing official, in that official's discretion, deems reasonable considering the purpose for the issuance of the permit.

F. In furtherance of the permitting process, the city may require a prospective permittee to supply permittee's name, address, and such other information as the city deems appropriate including, but not limited to, specifics about the location of the proposed use of the firearm, the proposed permittee's experience with firearms, the proximity of other persons and property to the place of use, and alternatives that may accomplish the same purpose as a firearm would.

G. For purposes of this ordinance a starter's pistol that cannot propel any projectile and that is being used in the course of athletic activity or in the training of hunting dogs shall not be considered a firearm.

H. This ordinance shall not be applied against a farm practice that is in fact protected by ORS 30.930 through 30.937 as such statutes may read at the time of an alleged violation hereof. Nor shall this ordinance be interpreted as declaring any farm activity to be a trespass or nuisance when such practices are protected by such statutes.

I. This ordinance is not intended to provide for a private right of action for damages or equitable relief based upon a violation hereof.

(Prior code § 5.025)

(Ord. No. 2012-001, 2-13-2012)