39-17-316 - Noise control at sport shooting ranges.
39-17-316. Noise control at sport shooting ranges.
(a) As used in this section, unless the context otherwise requires:
(1) Local unit of government means a county, municipality, metropolitan government, or other entity of local government;
(2) Person means an individual, proprietorship, partnership, corporation, club, or other legal entity; and
(3) Sport shooting range or range means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity.
(b) (1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation.
(2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation.
(3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section.
(4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section.
(5) Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.
(c) To the extent that any sport shooting range has been issued permission, whether by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority to operate as a range, the right to operate as a range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties. Further, with respect to any sport shooting range that is open to the public and was in continuous operation for at least thirty (30) years immediately preceding December 16, 2008, the right to operate as a shooting range shall not be amended, restricted or terminated due to any land use planning or zoning applicable to the shooting range's location if:
(1) The shooting positions operate no closer than:
(A) One hundred fifty feet (150¢) from any adjoining boundary line or county road that extends from the southeast corner to the southwest corner;
(B) One hundred eighty feet (180¢) from any adjoining boundary line that extends from the southwest corner to the northwest corner;
(C) One hundred eighty feet (180¢) from any adjoining boundary line that extends from the northwest corner to the northeast corner;
(D) One hundred eighty feet (180¢) from any adjoining boundary line or county road that extends from the northeast corner to the southeast corner; and
(E) One hundred eighty feet (180¢) from any adjoining residential property boundary line, notwithstanding subdivisions (c)(1)(A)-(D).
(2) Any vegetation between the appropriate distance requirement described in subdivision (c)(1) and the adjoining boundary line or county road remains undisturbed.
(d) With respect to any range that is open to the public and that begins operation after July 1, 2004, and for which there are no local zoning resolutions, ordinances or regulations affecting its establishment as a sport shooting range as of the date it began operation, the range shall not be protected by the exemptions from nuisance actions contained herein until one (1) year after the date the sport shooting range begins operation.
[Acts 1995, ch. 308, §§ 1, 2; 2004, ch. 694, § 1; 2009, ch. 227, § 1.]