ORDINANCE   4  , 2005

REGULATION OF FIREARMS AND OTHER DEADLY WEAPONS WITHIN THE CORPORATE LIMITS OF THE TOWN OF BUNKER HILL.

WHEREAS, THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA HAVE THE RESPONSIBILITY FOR THE PUBLIC HEALTH, SAFETY AND WELFARE OF ITS RESIDENTS; AND

WHEREAS THE TOWN COUNCIL BELIEVES IT TO BE NECESSARY TO REGULATE AND/OR PROHIBIT THE USE OF FIREARMS AND OTHER DEADLY WEAPONS; AND

WHEREAS, DISCUSSION OF SOME ISSUES IN PUBLIC GATHERINGS CAN BECOME EMOTIONALLY CHARGED AND COULD POSE A DANGER TO INDIVIDUALS IN ATTENDANCE; AND

WHEREAS, IC 35-47-1 AND IC 36-1-2-9 ALLOW THE TOWN COUNCIL TO ADOPT ORDINANCES FOR THE PROTECTION OF ITS CITIZENS, AND THEREFORE, BE IT ORDAINED THAT THE TOWN OF BUNKER HILL ESTABLISH THE FOLLOWING FIREARM AND DEADLY WEAPON POLICY WITHIN THE CORPORATE LIMITS OF THE TOWN.

ARTICLE I.   DEFINITIONS

A.   Firearm:   Means any weapon capable of, or designed to, or that may be readily converted to expel a projectile by means of an explosion.

B.   Airgun:   Any weapon or instrument discharging a pellet or other projectile by which the propelling force is a spring, air, gasses or vapors compressed by mechanical power including without limitation, air rifles, air pistols, pellet guns and BB guns.

C.   Deadly Weapon:   Any other instrument or device that could be used in an attack upon a person capable of causing death or serious injury.

D.   Town Property:   Town property is defined as, Community Center, Town Barn, Town Park, and the Town Sewage Plant.

ARTICLE II.   RESTRICTIONS

  1. No person shall fire or discharge or otherwise use any weapon, as defined in Article I. of this ordinance, within the corporate limits of the Town of Bunker Hill,
     
  2. No person under the age of eighteen (18) years shall carry or have in his possession, any weapon as defined in Article I of this ordinance, within the corporate limits of the Town of Bunker Hill.
     
  3. No person shall carry or have in his posession or have within his conveyance, whether licensed or not, any weapon as defined in Article I. of this ordinance, in, or on property owned by the Town of Bunker Hill.

ARTICLE III.   EXEMPTIONS

  1. The provisions of this ordinance shall not apply to law enforcement officers whether "on" or "off" duty.
     
  2. The provisions of this ordinance shall not apply to any person defending him/her self against Deadly Force as defined by Indiana State Law.

ARTICLE IV.   PENALTY

Any person found guilty of violating this ordinance shall be subject to a fine of not than $250.00 or more than $1,000.00 per occurrence.

ARTICLE V.   AUTHORITY OF ORDINANCE.

This ordinance shall upon approval, supersede Ordinance 15, 1998 and Ordinance 1, 2003.

ARTICLE VI.   APPROVAL

THIS ORDINANCE WAS DULY ADVERTISED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA AFTER A PUBLIC HEARING ON THE   8   DAY OF   NOVEMBER   , 2005.

 
ATTEST:
 
 
  Norman A. McBride    
Norman McBride, Clerk/Treasurer 		                               
 
  Leslie H. Briggs        
      Leslie H. Briggs, President

  Byron Kosanke         
      Byron Kosanke, Member

   

 
  Daryl Mosley            
      Daryl Mosley, Member

  Marilyn S. Floyd      
      Marilyn Floyd, Member

  Donald Jaberg          
      Donald Jaberg, Member