Posted: 7/12/2007 3:24:12 PM EDT
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The "Carroll County Ordinance" thread made me think of this. I knew it was out there but could not find it. A quick email to NRA_ILA and two hours later I got the following. BookHound you may want to move this to the GA Code thread, with continued urban growth some one may find it useful. Jerry "Thank you for contacting the NRA-ILA. Please read the following on Georgia laws and range protection: Code of Georgia Annotated Title 41. Nuisances Chapter 1. General Provisions (Refs & Annos) § 41-1-9. Sport shooting ranges not deemed nuisances as result of changed circumstances (a) As used in this Code section, the term: (1) "Person" means an individual, proprietorship, partnership, corporation, or unincorporated association. (2) "Sport shooting range" or "range" means an area designated and operated by a person for the sport shooting of firearms and not available for such use by the general public without payment of a fee, membership contribution, or dues or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto. (3) "Unit of government" means any of the departments, agencies, authorities, or political subdivisions of the state, cities, municipal corporations, townships, or villages and any of their respective departments, agencies, or authorities. (b) No sport shooting range shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such range if the range has been in operation for one year since the date on which it commenced operation as a sport shooting range. Subsequent physical expansion of the range or expansion of the types of firearms in use at the range shall not establish a new date of commencement of operations for purposes of this Code section. (c) No sport shooting range or unit of government or person owning, operating, or using a sport shooting range for the sport shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation. (d) No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a sport shooting range, which conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances. Laws 1997, p. 796, § 1. CROSS REFERENCES Actions for injunctive relief, see § 9-5-1 et seq. LIBRARY REFERENCES Nuisance 3(3, 6), 6, 61, 65. Westlaw Key Number Searches: 279k3(3); 279k3(6); 279k6; 279k61; 279k65. C.J.S. Nuisances § § 4, 10, 14 to 16, 20, 24, 28 to 30, 34 to 39, 41 to 57, 59 to 62, 151. RESEARCH REFERENCES Forms 1 Pindar's Ga. Real Estate Law & Proc. with Forms § 3-2, Judicial Regulation; Nuisances. Treatises and Practice Aids Georgia Eminent Domain § 8-3, Nuisance. Georgia Law of Torts § 27-3, Private Nuisance. NOTES OF DECISIONS Absence of noise ordinance or regulation 1 1. Absence of noise ordinance or regulation Absence of county noise ordinance precluded injunction barring skeet shooting range from operating on Sunday in nuisance action by adjoining landowner, as statute allowing for injunctive relief required that shooting range be in violation of local noise ordinance. O.C.G.A. § 1-3-1. Jenkins v. Clayton, 2001, 273 Ga. 439, 542 S.E.2d 503. Nuisance 6 Ga. Code Ann., § 41-1-9, GA ST § 41-1-9" |