58-3222. Same; conformance to generally accepted operation practices; application of law relating to noise control and nuisance.
58-3222
58-3222. Same; conformance to generally acceptedoperation practices; application of law relating to noise control andnuisance.(a) Notwithstanding any other provisions of law, and inadditionto other protections provided in this act, a person who owns, operates, managesor uses a sport shooting range that conforms to generally accepted operationpractices in the state is not subject to civil liability or criminalprosecution in any matter relating to noise or noise pollution resulting fromthe operation or use of the range if the range is in compliance with any noisecontrol laws or ordinances or resolutions that applied to the range andits operation at the time of construction and initial operation of the range.
(b) In addition to any civil protection provided by the act, a person whoowns, operates, manages or uses a sport shooting range that conforms togenerally accepted operation practices is not subject to an action fornuisance, and a court of the state shall not enjoin or restrain the use oroperation of a range on the basis of noise or noise pollution, if the range isin compliance with any noise control laws or ordinances or resolutionsthat applied to the range and its operation at the time of construction orinitial operation of the range.
(c) Rules or regulations adopted by any state department or agency forlimiting levels of noise in terms of decibel level which may occur in theoutdoor atmosphere do not apply to a sport shooting range immune from liabilityunder this act. However, this subsection does not constrict the application ofany provision of generally accepted operation practices.
(d) A person who acquires title to real property adversely affected by theuse of property with a permanently located and improved sport shooting rangeconstructed and initially operated prior to the time the person acquires titleshall not maintain a nuisance action on the basis of noise or noise pollutionor based upon known or inherent dangers against the person who owns, operatesor uses the range to restrain, enjoin, or impede the use of the range. Thissection does not prohibit actions for negligence or recklessness in theoperation of the range.
History: L. 2001, ch. 185, § 5; July 1.