HOUSE BILL 981170
BY REPRESENTATIVES George, Arrington, G. Berry, Dean, Entz, McElhany, Musgrave, Paschall, Salaz, Smith, Spradley, Swenson, Taylor, and Young;
also SENATORS Chlouber, Arnold, Congrove, Powers,
and Tebedo.
CONCERNING QUALIFYING SHOOTING RANGES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
12 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
2512109. Exception
sport shooting ranges legislative declaration.
(1) 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AND DECLARES THAT THE IMPOSITION OF INCONSISTENT, OUTDATED, AND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. AS 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 SECTION, AS ENACTED, ARE A MATTER OF STATEWIDE CONCERN
AND PREEMPT ANY PROVISIONS OF ANY LAW, ORDINANCE, RULE, OR ORDER
TO THE CONTRARY.
(2) 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
ANY COUNTY, CITY, CITY AND COUNTY, OR TOWN.
(b) "LOCAL GOVERNMENT 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 OPERATING 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,
RECREATIONAL OR COMPETITIVE SHOOTING, OR PROFESSIONAL TRAINING.
(3) NOTWITHSTANDING ANY OTHER LAW OR MUNICIPAL
OR COUNTY ORDINANCE, RULE, OR ORDER REGULATING NOISE TO THE CONTRARY:
(a) A LOCAL GOVERNMENTAL OFFICIAL MAY
NOT COMMENCE A CIVIL ACTION NOR SEEK A CRIMINAL PENALTY AGAINST
A QUALIFYING SPORT SHOOTING RANGE OR ITS OWNERS OR OPERATORS ON
THE GROUNDS OF NOISE EMANATING FROM SUCH RANGE THAT RESULTS FROM
THE NORMAL OPERATION OR USE OF THE QUALIFYING SHOOTING RANGE EXCEPT
UPON A WRITTEN COMPLAINT FROM A RESIDENT OF THE JURISDICTION IN
WHICH THE RANGE IS LOCATED. THE COMPLAINT SHALL STATE THE NAME
AND ADDRESS OF THE COMPLAINANT, HOW LONG THE COMPLAINANT HAS RESIDED
AT THE ADDRESS INDICATED, THE TIMES AND DATES ON WHICH THE ALLEGED
EXCESSIVE NOISE OCCURRED, AND SUCH OTHER INFORMATION AS THE LOCAL
GOVERNMENT MAY REQUIRE. THE LOCAL GOVERNMENT SHALL NOT PROCEED
TO SEEK A CRIMINAL PENALTY OR PURSUE A CIVIL ACTION AGAINST A
QUALIFYING SPORT SHOOTING RANGE ON THE BASIS OF SUCH A NOISE COMPLAINT
IF THE COMPLAINANT ESTABLISHED RESIDENCE WITHIN THE JURISDICTION
AFTER JANUARY 1, 1985.
(b) NO PERSON MAY BRING ANY SUIT IN LAW
OR EQUITY OR ANY OTHER CLAIM FOR RELIEF AGAINST A QUALIFYING SPORT
SHOOTING RANGE LOCATED IN THE VICINITY OF THE PERSON'S PROPERTY
OR AGAINST THE OWNERS OR OPERATORS OF SUCH RANGE ON THE GROUNDS
OF NOISE EMANATING FROM THE RANGE IF:
(I) THE QUALIFYING RANGE WAS ESTABLISHED
BEFORE THE PERSON ACQUIRED THE PROPERTY;
(II) THE QUALIFYING RANGE COMPLIES WITH
ALL LAWS, ORDINANCES, RULES, OR ORDERS REGULATING NOISE THAT APPLIED
TO THE RANGE AND ITS OPERATION AT THE TIME OF ITS CONSTRUCTION
OR INITIAL OPERATION;
(III) NO LAW, ORDINANCE, RULE, OR ORDER
REGULATING NOISE APPLIED TO THE QUALIFYING RANGE AT THE TIME OF
ITS CONSTRUCTION OR INITIAL OPERATION.
SECTION 2. Part
1 of article 21 of title 13, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
1321111.8. Assumption of
risk shooting ranges. (1) ANY
PERSON WHO ENGAGES IN SPORT SHOOTING ACTIVITIES AT A QUALIFYING
SPORT SHOOTING RANGE, AS DEFINED UNDER SECTION 2512109
(2) (d), C.R.S., ASSUMES THE RISK OF INJURY OR DAMAGE ASSOCIATED
WITH SPORT SHOOTING ACTIVITIES AS SET FORTH IN SECTION 1321111.7.
(2) FOR PURPOSES OF THIS SECTION, "ENGAGES
IN SPORT SHOOTING ACTIVITIES" MEANS ENTERING AND EXITING
A QUALIFYING SPORT SHOOTING RANGE, PREPARING TO SHOOT, WAITING
TO SHOOT, SHOOTING, OR ASSISTING ANOTHER PERSON IN SHOOTING AT
A QUALIFYING SPORT SHOOTING RANGE. THE TERM INCLUDES BEING A
SPECTATOR AT A QUALIFYING SPORT SHOOTING RANGE AND BEING PRESENT
IN THE RANGE FOR ANY REASON.
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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO