PRIOR PRINTER'S NO. 55 PRINTER'S NO. 1483
No. 56 Session of 1997
INTRODUCED BY HELFRICK, BELL, WENGER, ROBBINS, HART, MADIGAN,
LEMMOND AND SLOCUM, JANUARY 17, 1997
AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 18, 1997
AN ACT
1 Amending the act of June 2, 1988 (P.L.452, No.74), entitled "An
2 act exempting owners of shooting ranges from any civil or
3 criminal actions relating to noise pollution," further
4 defining the granted immunity from nuisance actions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1 and 2 of the act of June 2, 1988
8 (P.L.452, No.74), entitled "An act exempting owners of shooting
9 ranges from any civil or criminal actions relating to noise
10 pollution," are amended to read:
11 Section 1. General immunity for noise.
12 All owners of rifle, pistol, silhouette, skeet, trap,
13 blackpowder or other ranges in this Commonwealth shall be exempt
14 and immune from any civil action or criminal prosecution in any
15 matter relating to noise or noise pollution resulting from the
16 normal and accepted shooting activity on ranges, provided that
17 the owners of the ranges are in compliance with any applicable
18 noise control laws or ordinances extant at the time construction
1 of the range was initiated. If there were no noise control laws
2 or ordinances extant at the time construction of the range was
3 initiated then the immunity granted by this act shall apply to
4 said ranges.
5 Section 2. Nuisances and injunction.
6 The owners of the ranges shall not be subject to any action
7 for nuisance, and no court in this Commonwealth shall enjoin the
8 use or operation of the ranges on the basis of noise or noise
9 pollution, provided that the owners of the ranges are in
10 compliance with any applicable noise control laws or ordinances
11 extant at the time construction of the range was initiated. If
12 there were no noise control laws or ordinances extant at the
13 time construction of the range was initiated then the immunity
14 granted by this act shall apply to said ranges.
15 SECTION 2. NOTHING IN THIS ACT SHALL BE CONSTRUED AS <--
16 ALTERING OR DISSOLVING OR AS AUTHORIZING THE ALTERATION OR
17 DISSOLUTION OF ANY SETTLEMENT OR AGREEMENT MADE HERETOFORE BY
18 THE OWNER OF A RIFLE, PISTOL, SILHOUETTE, SKEET, TRAP,
19 BLACKPOWDER OR OTHER RANGE WITH THE MUNICIPALITY IN WHICH THE
20 RANGE IS LOCATED OR WITH ADJACENT LANDOWNERS RELATING TO THE
21 OPERATION OF THE RANGE.
22 Section 2 3. This act shall be retroactive to June 2, 1988. <--
23 Section 3 4. This act shall take effect immediately. <--
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