ORDINANCE #2021-04

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALEYVILLE, ALABAMA, AS FOLLOWS:

SECTION 1. It is hereby established and declared that the following described real property of the City of Haleyville, Alabama, is no longer needed for public or municipal purposes, to-wit:  Continue reading

ORDINANCE #2021-05

AN ORDINANCE TO REGULATE THE DISCHARGE

OF FIREARMS IN THE CITY OF HALEYVILLE, ALABAMA

WHEREAS, the City Council of the City of Haleyville, Alabama, has determined that it is wise, expedient, and in the best interests of the citizens of the City to regulate the discharge of firearms and to prohibit the repetitive discharge of firearms in the City; and,

WHEREAS, the City Council has determined that said regulations will promote the general safety, health, and welfare of its citizens, and that said regulations and prohibition is a justifiable exercise of the police powers of the City; and

WHEREAS, with this Ordinance, it is the intent of the City Council to allow all citizens the right to protect and enjoy their property; and,

WHEREAS, a draft of this Ordinance was reviewed and approved by the City of Haleyville Police Department prior to its consideration by the City Council; and,

WHEREAS, this Ordinance is intended to supplement existing Alabama laws and regulations regarding the discharge of firearms from, upon, or across public roads, see § 9-11-257, Ala. Code 1975, and the act of hunting or discharging a firearm near a dwelling, see Ala. Admin. Code 220-2-.139, which laws and regulations will continue to be enforced by appropriate hunting and law enforcement officials.

NOW THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HALEYVILLE, ALABAMA, AS FOLLOWS:

1. It shall be unlawful for any person, firm, or corporation to discharge or cause the discharge of any firearm within the City limits of the City of Haleyville, Alabama, except as provided herein.

1. It shall be unlawful for any person, firm, or corporation to maintain or operate any form of outdoor shooting range or club, outdoor skeet range or club, or shooting gallery within the City limits of the City of Haleyville, Alabama, except as provided herein, the facility shall be approved by the City of Haleyville Planning Commission.

1. An indoor shooting range shall be allowed provided that, prior to the operation of the shooting range, the facility shall be approved by the City of Haleyville Planning Commission.

1. This Ordinance shall not apply to or be construed to prohibit the lawful discharge of firearms in any of the follow circumstances:

1. 1. the execution of the law or performance of duties by law enforcement officer;
   2. military parade or ceremony conducted under the supervision of an appropriate commissioned or non-commissioned officer;
   3. discharge for protection or in legal defense of person or property as otherwise allowed by law;
   4. hunting or discharge of firearm as otherwise allowed by law;
   5. at functions known as turkey shoots with shotguns only whose dates, times and location are advertised and held by civic, community, or charitable groups in furtherance of their civic, community, or charitable purposes and held no more often than one times per week nor more often than 10 times per year.
   6. Killing of varmints, reptiles, or other vermin in a way that does not endanger persons or property of others

1. Nothing in this Ordinance shall be construed to allow any action which otherwise would be considered a nuisance pursuant to state law or other City ordinance, or a violation under the City noise ordinance in effect at this time and as it may be amended.

1. Each violation of this ordinance shall be a separate offense.  Anyone who is found in violation of this ordinance shall be guilty of an ordinance violation and shall be fined not more than five hundred dollars ($500.00) per offense and/or sentenced to thirty (30) days in jail.

1. Severability Clause:   If any section or provision of this Ordinance shall hereafter be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of any other section or provision of this Ordinance.

1. Repeal of Conflicting Ordinances.  Any Ordinance in conflict with this Ordinance shall be and is hereby repealed on the effective date of this Ordinance.

1. Effective Date.  This Ordinance shall become effective upon approval, passage, and publication as required by law.

                  Adopted and approved this 20^th day of December 2021.

ATTEST:

_____________________ _____________________

Christy Harbin Ken Sunseri

Acting City Clerk Mayor

I, Christy Harbin, the undersigned Acting City Clerk of the City of Haleyville, Alabama, hereby certify that the foregoing constitutes a true, correct, and complete ordinance duly adopted by the City Council of the City of Haleyville, Alabama, at a meeting thereof held on this 20^th day of December 2021, at which meeting a quorum was present and acting throughout.

Witness my signature as Acting City Clerk, under the Seal of said City, this 20^th day of December 2021.

_____________________

Christy Harbin

Acting City Clerk