Ordinance 2022-01 Discharge of Firearms & Trapping within City Limits

ORDINANCE NO. 2022-01

AN ORDINANCE OF THE CITY OF SANTA CLARA, UTAH, TO ADOPT SECTION 9.12.120 OF THE MUNICIPAL CODE OF SANTA CLARA

REGULATING THE DISCHARGE OF FIREARMS AND TRAPPING WITHIN THE CITY LIMITS

WHEREAS, the City of Santa Clara respects and values the rights of all citizens to own and use firearms in a constitutional, lawful, and responsible way; and

WHEREAS, the City also recognizes the recreational, educational, and cultural value of shooting and trapping sports and traditions that have been pursued by residents of the City for generations; and

WHEREAS, the City also recognizes its responsibility for the health, safety, and welfare of its residents and others present within the City, and to adopt reasonable regulations protecting the same;

WHEREAS, the Santa Clara City Council has become concerned about the actual and potential consequences of the unrestrained discharge of firearms and use of traps within the City limits, including but not limited to damage to property, injury to persons and loss of life; and

WHEREAS, the City Council recognizes that there are multiple locations and venues beyond the boundaries of the City where residents of the City may conduct these pursuits safely and conveniently, but also that in certain circumstances, the discharge of firearms or the use of traps within the City limits may still be appropriate to the rural and agricultural nature of the community; and

WHEREAS, the City Council has reviewed the ordinances of several other towns and cities in Utah which govern the discharge of firearms and use of traps, and believes that a similar ordinance in the City is prudent and necessary in order to both protect the general health, safety, and welfare and preserve such pursuits in certain appropriate circumstances; and

WHEREAS, the Santa Clara City Council, after due deliberation, has elected to adopt the regulations set forth herein, in order to fulfill these values and objectives.

NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of Santa Clara, Utah, that a new Section 9.12.120, “Discharge of Firearms and Trapping,” be added to Title 9, Chapter 12, as follows:

9.12.120: DISCHARGE OF FIREARMS AND TRAPPING:

A. Definitions: For purposes of this chapter, these terms shall be defined as follows:

FIREARM: A pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.

TRAPPING: The use of any “body gripping” device which entraps, snares or snaps closed on any animal, excluding the trapping of rodents.

B. Discharge of Firearms Prohibited; Exceptions: It is unlawful for any person to discharge any firearm within, from, or into Santa Clara City limits, except under the following circumstances:

1. In the use of force in defense of self, others, habitation, or property which is justified under any provision of Utah Code Title 76, Chapter 2, Part 4;

2. In any case of any law enforcement officer in the discharge of his/her duty;

3. When discharged at a city approved shooting range or gallery;

4. When discharged for the purpose of nuisance wildlife control;

5. When used for the slaughter of an animal lawfully trapped under subsection C. below; or

6. When used for the slaughter of domestic livestock.

C. Trapping Prohibited; Exceptions: It is unlawful for any person to trap, set a trap, or engage in trapping in Santa Clara City, except for the following:

1. Any trapping deemed necessary and performed by either the Utah Division of Wildlife Resources or the Santa Clara City public safety department;

2. When using live box or cage traps;

3. When performed by a licensed trapper in accordance with Utah law; provided, that no lethal conibear type traps are used; or

4. When performed on private property in accordance with Utah law by a person having legal ownership of or right to use the property.

D. Penalty: Violations of this chapter may be enforced either criminally as a class C misdemeanor or civilly by imposing a monetary penalty under Chapter 1.16.010, “General Penalty,” of this code.

BE IT FURTHER ORDAINED that this Ordinance shall take effect following publication and posting as required by law, but in no event earlier than thirty (30) days following the adoption hereof.

ADOPTED AND APPROVED by a duly constituted quorum of the City Council of the City of Santa Clara, State of Utah, on this 12th day of January, 2022.

CITY OF SANTA CLARA

Rick Rosenberg, Mayor
Attest:
Chris Shelley, Recorder

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