First Regular Session
Sixty-first General Assembly
LLS NO. 970505.01D GWF
HOUSE BILL 971307
STATE OF COLORADO
BY REPRESENTATIVES Schwarz and May;
also SENATOR Chlouber.
STATE, VETERANS &
A BILL FOR AN ACT
CONCERNING A LIMITATION ON LEGAL ACTIONS RELATING
TO NOISE EMANATING FROM QUALIFYING SPORT SHOOTING RANGES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Prohibits local governments and persons from enforcing
laws, ordinances, rules, or orders against a qualifying sport
shooting range or its owners or operators on the basis of noise
emanating from the range if the noise level measured along the
property line of the range does not exceed a specified decibel
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly hereby finds, determines, and declares that the imposition of inconsistent, outdated, and unnecessary noise restrictions on qualifying sport shooting ranges that meet specific, designated qualifications work to the detriment of the public health, welfare, and morale as well as to the detriment of the economic wellbeing of the state. The general assembly further finds, determines, and declares that a need exists for statewide uniformity with respect to exempting qualifying shooting ranges from the enforcement of laws, ordinances, rules, and orders regulating noise. Because the gain associated with having a uniform statewide exemption for qualifying sport shooting ranges outweighs any gains associated with enforcing noise regulations against such ranges, the general assembly further declares that the provisions of this act are a matter of statewide concern and preempt any provisions of any law, ordinance, rule, or order to the contrary.
SECTION 2. Article 12 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., is amended BY THE ADDITION OF A NEW SECTION to read:
2512109. Exception sport shooting ranges. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, CITY AND COUNTY, TOWN, OR ANY GOVERNMENTAL ENTITY, BOARD, COUNCIL, OR COMMITTEE OPERATING UNDER THE AUTHORITY OF A COUNTY, CITY, CITY AND COUNTY, OR TOWN.
(b) "LOCAL GOVERNMENTAL OFFICIAL" MEANS ANY ELECTED, APPOINTED, OR EMPLOYED INDIVIDUAL OR GROUP OF INDIVIDUALS ACTING ON BEHALF OF OR EXERCISING THE AUTHORITY OF ANY LOCAL GOVERNMENT.
(c) "PERSON" MEANS AN INDIVIDUAL, PROPRIETORSHIP, PARTNERSHIP, CORPORATION, CLUB, OR OTHER LEGAL ENTITY.
(d) "QUALIFYING SPORT SHOOTING RANGE" OR "QUALIFYING RANGE" MEANS ANY PUBLIC OR PRIVATE ESTABLISHMENT, WHETHER OPERATED FOR PROFIT OR NOT FOR PROFIT, THAT OPERATES AN AREA FOR THE DISCHARGE OR OTHER USE OF FIREARMS OR OTHER EQUIPMENT FOR SILHOUETTE, SKEET, TRAP, BLACK POWDER, TARGET, SELFDEFENSE OR SIMILAR RECREATIONAL OR COMPETITIVE SHOOTING AND FOR WHICH THE NOISE LEVEL WHEN MEASURED AT ANY POINT ALONG THE PROPERTY LINE OF THE ESTABLISHMENT DOES NOT EXCEED ONE HUNDRED THIRTY DECIBELS.
(2) NOTWITHSTANDING ANY OTHER LAW OR MUNICIPAL OR COUNTY ORDINANCE, RULE, OR ORDER REGULATING NOISE TO THE CONTRARY:
(a) A LOCAL GOVERNMENTAL OFFICIAL MAY NOT SEEK A CIVIL OR CRIMINAL PENALTY OR AN INJUNCTION AGAINST A QUALIFYING SPORT SHOOTING RANGE OR ITS OWNERS OR OPERATORS ON THE GROUNDS OF NOISE EMANATING FROM SUCH RANGE.
(b) NO PERSON MAY BRING ANY SUIT IN LAW OR EQUITY OR ANY OTHER CLAIM FOR RELIEF AGAINST A QUALIFYING SPORT SHOOTING RANGE OR ITS OWNERS OR OPERATORS ON THE GROUNDS OF NOISE EMANATING FROM SUCH RANGE.
(c) ANY ORDINANCE, RULE, OR ORDER RELATING TO NOISE ADOPTED BY ANY LOCAL GOVERNMENT, WHETHER ADOPTED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, SHALL BE DEEMED UNENFORCEABLE AGAINST A QUALIFYING SPORT SHOOTING RANGE.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.