Spook Hill Neighborhood Action Assoc.

Arizona Statutes on Gun Ranges

Legislature Protects Gun Ranges

In the 2002 session, the izona State Legislature passed provisions the serve to protect existing gun ranges from criticism by neighbors under certain conditions. The new law is under Title 17, Chapter 6, Game and Fish in the Arizona Revised Statutes. See the link below. Scroll down to Chapter 6.

Copy of ARS Title 17, Chapter 6

Arizona Revised Statutes – Title 17, Chapter 6 – Game and Fish
Downloaded from Arizona Legislature Web Site on August 18, 2004
Link to web site: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=17
Passed by Legislature in 2002


17-601. Definition of outdoor shooting range
In this article, unless the context otherwise requires, "outdoor shooting range" or "range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Outdoor shooting range does not include any area for the exclusive use of archery or air guns or a totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.
17-602. State outdoor shooting range noise standards; preemption; measurement; definitions
A. The legislature finds that outdoor shooting range noise standards are a matter of statewide concern. City, town, county and any other state noise standards are preempted as applied to outdoor shooting ranges.
B. Each outdoor shooting range in this state shall measure the noise emitted from the range pursuant to subsection E at least once. In addition, the range shall measure the noise it emits if the range expands the area designed and operated for the use of firearms or explosives by more than twenty per cent in size than at the time of its initial noise measurement or if the range introduces the use of a type of firearm or explosive device that will increase noise production. The range shall pay for the measurement and shall keep the results of the measurement at the range at all times. Any person may review the noise measurement during the range's business hours. Ranges that are located at least one mile from areas that are zoned for residences, schools, hotels, motels, hospitals or churches are exempt from this subsection.
C. Any person, at the person's expense, may measure the noise emitted from an outdoor shooting range pursuant to subsection E.
D. The noise emitted from an outdoor shooting range shall not exceed an Leq(h) of sixty-four dBA.
E. In measuring the noise emitted from an outdoor shooting range:
1. If a range performs the measurement of noise pursuant to subsection B, sound pressure measurements shall be taken twenty feet from the nearest occupied residence, school, hotel, motel, hospital or church, or from the nearest proposed location of a residence, school, hotel, motel, hospital or church if the property is zoned for such a structure but is currently unimproved. If a person performs the measurement of noise pursuant to subsection C, sound pressure measurements shall be taken twenty feet from the person's residence, school, hotel, motel, hospital or church, or twenty feet from the proposed location of the person's residence, school, hotel, motel, hospital or church if the property is zoned for such a structure but is currently unimproved.
2. Sound pressure measurements shall be made in a location directly between the range and the nearest existing or proposed residence, school, hotel, motel, hospital or church. If there are natural or artificial obstructions that prevent an accurate noise measurement, the measurement may be taken within an additional twenty feet radius from the initial measurement location.
3. Sound pressure measurements shall be made on the A-weighted fast response mode scale. Measurements shall be taken during the noisiest hour of peak use during the operation of the range. Measurements shall be taken according to American national standards institute's standard methods ANSI S1.2-1962 (R1976) American national standard method for physical measurement of sound and ANSI S1.2-1971 (R1976) American national standard method for measuring sound pressure levels. Measurements shall be taken using a type 1 sound meter meeting the requirements of ANSI S1.4L-1971. Any part of the measurements conducted on a range shall comply with the range safety rules.
F. Outdoor shooting ranges in operation on July 1, 2002 shall comply with the provisions of this section before July 1, 2003. Ranges not in operation on July 1, 2002 shall comply with the provisions of this section when they begin operation.
G. For the purposes of this section:
1. "A-weighted" means a frequency weighting network used to account for changes in sensitivity as a function of frequency.
2. "DBA" means A-weighted decibels, taking into account human response to sound energy in different frequency bands.
3. "Decibel" means the unit of measure for sound pressure denoting the ratio between two quantities that are proportional to power. The number of decibels is ten times the base ten logarithm of this ratio.
4. "Leq(h)" means the equivalent energy level that is the steady state level that contains the same amount of sound energy as a time varying sound level for a sixty minute time period.
17-603. Preexisting outdoor shooting ranges; noise buffering or attenuation
A. If an outdoor shooting range was constructed before July 1, 2002 in compliance with existing applicable county or municipal ordinances and zoning requirements and if property located within one mile of the exterior property boundary of the range is rezoned after July 1, 2002 for residential use or any other use that includes a school, hotel, motel, hospital or church, the zoning authority must provide for noise buffers or attenuation devices that are either:
1. Within the new development as a condition for developing the property or as supplied by the zoning authority.
2. Supplied or funded by the zoning authority for location in the range.
B. Property owners, developers, zoning authorities and ranges may negotiate and provide for noise buffers or attenuation devices located on or off the range.
C. Any noise buffering or attenuation under this section must comply with the state noise standards prescribed by section 17-602.
17-605. Noise pollution; nuisance; defense; costs
A. It is an affirmative defense to any civil liability or claim for equitable relief arising from any allegation regarding noise or noise pollution that results from owning, operating or using an outdoor shooting range if the entity or individual owning, operating or using the range complies with this article.
B. In any action where a defense has been raised pursuant to subsection A, the court shall award the prevailing party its costs and all expenses, including the party's costs incurred in measuring noise emitted from the range and reasonable attorney fees.
17-621. Recording proximity to shooting range; definitionA. A city with a population of more than one million persons shall execute and record in the office of the county recorder a document relating to real property located within one-half mile of the exterior boundaries of any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries on or before January 1, 2004. The city attorney shall prepare the document in recordable form. The document must be on eight and one-half inch by eleven inch paper containing the following information in twelve point type:1. A legal description of the property within one-half mile of the exterior boundaries of the shooting range. To assist in identifying that property, the game and fish commission shall submit the legal description of the shooting range to the city attorney.2. The following disclosure:This property is located within one-half mile of the exterior boundaries of a shooting range and may be subject to:1. Increased noise.2. Restrictions on the use of the property under the city's general plan and zoning ordinances.B. The game and fish commission shall not close a shooting range described in this section unless all of the following occur:1. The director of the department recommends the closure in writing.2. The commission issues a report detailing the basis for the recommendation.3. The commission unanimously approves the closure after public hearings have been held to discuss the closure in the three counties with the highest population.4. The joint committee on capital review reviews the closure recommendation.5. The governor approves the closure in an executive order.C. For the purposes of this section, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range does not include:1. Any area for the exclusive use of archery or air guns.2. An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.3. A national guard facility located in a city or town with a population of more than one million persons.4. A facility that was not owned by this state before January 1, 2002.

Links

Arizona Revised Statutes, Title 17, Chapter 6,