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A. It shall be unlawful for any person to discharge any gun within the limits of West Point City, whether said gun be loaded with blank or live cartridges or projectiles of any kind.

B. The provisions of subsection (A) of this section shall not apply to:

1. The discharge of shotguns on any target, trap, or skeet shooting area, or for hunting purposes so long as the following conditions are met:

a. Shotgun ammunition shall be limited to pellet type, commonly referred to as “shot.” The use of slug ammunition is prohibited, except:

i. In filling land owner deer tags issued by the Division of Wildlife Resources where slug ammunition is the acceptable or required form of ammunition.

b. A person may not discharge the shotgun:

i. From an automobile or other vehicle;

ii. From, upon, or across any roadway;

iii. At any road signs placed upon any roadway;

iv. At any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;

v. In any direction that could endanger people, motorists, livestock, or property;

vi. Without written permission to discharge the shotgun from the owner or person in charge of the property within 600 feet of:

(A) A house, dwelling, or any other building; or

(B) Any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.

c. Discharge shall not be allowed on any city property.

d. In addition to the above, discharge for hunting must also meet the following conditions:

i. Discharge must be during a legal hunting season for which shotguns are an acceptable weapon as determined and proclaimed by the Utah State Division of Wildlife Resources and the Wildlife Board.

ii. Discharge must be in full compliance with:

(A) Utah State Code 76-10-508;

(B) The Wildlife Resources Code of Utah; and

(C) Any regulations of the Division of Wildlife Resources.

e. It is a defense to any charge for violating this section that the person being accused had actual written permission of the owner or person in charge of the property at the time in question.

2. The discharge of shotguns for the purpose of hunting dog field trials and training. Discharge must be in full compliance with:

a. Subsections (B)(1)(a) through (c) of this section;

b. The Wildlife Resources Code of Utah; and

c. Any regulations of the Division of Wildlife Resources.

3. The discharge of guns by any person in a private basement or cellar target range.

4. The discharge of blank cartridges in theatrical performances or sporting events.

5. The firing of salutes by firing squads at military funerals.

6. The discharge of guns by any person where necessary to protect life or property.

7. The discharge of guns for the purpose of abating nuisance animals within the limits of West Point City:

a. When other traditional methods of animal control have been exhausted or are ineffective or impractical, due to cost or otherwise; and

b. When the discharge of a gun or guns is performed by an authorized animal control officer or officers operating pursuant to a contract with West Point City; and

c. After the authorized animal control officer or his/her superior submits a written application to the West Point city manager requesting authorization to discharge a gun for the purpose of abating nuisance animals within the limits of West Point City; and

d. After the West Point city manager reviews and approves of the written application referenced in subsection (B)(7)(c) of this section.

The West Point city manager may, as he/she deems appropriate and in response to the written application referenced in subsection (B)(7)(c) of this section, impose written restrictions on the authorized person’s ability to discharge a gun or guns for the purpose of abating nuisance animals within the limits of West Point City, including, but not limited to, the type of gun or guns that may be discharged, the times that the gun or guns may be discharged, the dates that the gun or guns may be discharged, and the locations where the gun or guns may be discharged.

C. It is further provided that nothing contained in this section shall be construed to prohibit the use of play pistols or other similar children’s toys which do not fire dangerous projectiles capable of inflicting bodily harm. [Ord. 04-21-2015A § 1; Ord. 08-21-2012B § 1; Ord. 10-18-2011A § 1. Code 2000 § 6-6-2].