13-3-412 - New subdivision developments in the vicinity of established sport shooting ranges.
13-3-412. New subdivision developments in the vicinity of established sport shooting ranges.
(a) For any new subdivision development that is located in whole or in part within one thousand (1,000) feet of any portion of the outside boundary of any land on which is contained a sport shooting range that was established, by clear and convincing evidence, constructed or operated prior to the development of the subdivision, the owner of the development shall provide on any plat filed with the appropriate municipal or county official, or both, the following notice:
Sport Shooting Range Area
This property is located in the vicinity of an established sport shooting range. It can be anticipated that customary uses and activities at this shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from these uses and activities.
(b) As used in this section, unless the context otherwise requires:
(1) Established means a sport shooting range that is known by custom, reputation or otherwise to exist within a community or area prior to the time of the proposed subdivision development. Indicia of a sport shooting range being established are:
(A) The range is listed in the area telephone book;
(B) The range is, from time to time, advertised in the yellow pages of a telephone book, newspapers, billboards or flyers;
(C) There are directional signs on public roads, streets or highways indicating the correct route to the shooting range;
(D) The range is indicated on a road or other map of the area that predates the proposed subdivision development;
(E) The shooting range is listed with the better business bureau or chamber of commerce of the area in which it is located; or
(F) The owner of the range has a business license on file with the appropriate clerk; and
(2) Sport shooting range or range means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
(c) The provisions of this section shall only apply to counties that have a planning commission and subdivision regulations.
[Acts 2004, ch. 494, § 1.]