BILL NUMBER: SB 1620 CHAPTERED
BILL TEXT
CHAPTER 141
FILED WITH SECRETARY OF STATE JULY 13, 1998
APPROVED BY GOVERNOR JULY 11, 1998
PASSED THE SENATE JUNE 25, 1998
PASSED THE ASSEMBLY JUNE 15, 1998
AMENDED IN ASSEMBLY JUNE 4, 1998
INTRODUCED BY Senator Haynes
FEBRUARY 12, 1998
An act to amend Section 3482.1 of the Civil Code, relating to
nuisance, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1620, Haynes. Nuisance: shooting ranges.
Existing law provides that nothing done or maintained under the
express authority of a statute can be deemed a nuisance, and exempts
a person who operates or uses a sport shooting range, as defined,
from civil liability, injunction, or criminal prosecution with
respect to noise or noise pollution if the person complies with the
laws in operation at the time the sport shooting range was approved
for use, or if there were no such laws in effect at that time.
Existing law, however, does not prohibit a local public entity from
requiring that noise levels at the nearest residential property line
to a range do not exceed 60 decibels for nighttime shooting.
This bill would clarify the intent of the Legislature to not
prohibit local public entities from being able to regulate noise
levels regarding nighttime shooting, as specified.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3482.1 of the Civil Code is amended to read:
3482.1. (a) As used in this section:
(1) "Person" means an individual, proprietorship, partnership,
corporation, club, or other legal entity.
(2) "Sport shooting range" or "range" means an area designed and
operated for the use of rifles, shotguns, pistols, silhouettes,
skeet, trap, black powder, or any other similar sport or law
enforcement training purpose.
(3) "Indoor shooting range" means a totally enclosed facility
designed to offer a totally controlled shooting environment that
includes impenetrable walls, floor and ceiling, adequate ventilation
and lighting systems, and acoustical treatment for sound attenuation
suitable for the range's approved use.
(4) "Nighttime" means between the hours of 10 p.m. and 7 a.m.
(b) (1) Except as provided in subdivision (f), a person who
operates or uses a sport shooting range in this state shall not be
subject to civil liability or criminal prosecution in any matter
relating to noise or noise pollution resulting from the operation or
use of the range if the range is in compliance with any noise control
laws or ordinances that applied to the range and its operation at
the time construction or operation of the range was approved by a
local public entity having jurisdiction in the matter, or if there
were no such laws or ordinances that applied to the range and its
operation at that time.
(2) Except as provided in subdivision (f), a person who operates
or uses a sport shooting range or law enforcement training range is
not subject to an action for nuisance, and a court shall not enjoin
the use or operation of a range, on the basis of noise or noise
pollution if the range is in compliance with any noise control laws
or ordinances that applied to the range and its operation at the time
construction or operation of the range was approved by a local
public entity having jurisdiction in the matter, or if there were no
such laws or ordinances that applied to the range and its operation
at that time.
(3) Rules or regulations adopted by any state department or agency
for limiting levels of noise in terms of decibel level which may
occur in the outdoor atmosphere shall not apply to a sport shooting
range exempted from liability under this section.
(c) A person who acquires title to or who owns real property
adversely affected by the use of property with a permanently located
and improved sport shooting range may not maintain a nuisance action
with respect to noise or noise pollution against the person who owns
the range to restrain, enjoin, or impede the use of the range where
there has been no substantial change in the nature or use of the
range. This section does not prohibit actions for negligence or
recklessness in the operation of the range or by a person using the
range.
(d) A sport shooting range that is in operation and not in
violation of existing law at the time of the enactment of an
ordinance described in subdivision (b) shall be permitted to continue
in operation even if the operation of the sport shooting range at a
later date does not conform to a new ordinance or an amendment to an
existing ordinance if there has been no substantial change in the
nature or use of the range. Nothing in this section shall be
construed to limit the authority of a local agency to enforce any
term of a conditional use permit.
(e) Except as otherwise provided in this section, this section
does not prohibit a local public entity having jurisdiction in the
matter from regulating the location and construction of a sport
shooting range after the effective date of this section.
(f) This section does not prohibit a local public entity having
jurisdiction in the matter from requiring that noise levels at the
nearest residential property line to a range not exceed the level of
normal city street noise which shall not be more than 60 decibels for
nighttime shooting. The subdivision does not abrogate any existing
local standards for nighttime shooting. The operator of a sport
shooting range shall not unreasonably refuse to use trees, shrubs, or
barriers, when appropriate, to mitigate the noise generated by
nighttime shooting. For the purpose of this section, a reasonable
effort to mitigate is an action that can be accomplished in a manner
and at a cost that does not impose an unreasonable financial burden
upon the operator of the range.
(g) This section does not apply to indoor shooting ranges.
(h) This section does not apply to a range in existence prior to
January 1, 1998, that is operated for law enforcement training
purposes by a county of the sixth class if the range is located
without the boundaries of that county and within the boundaries of
another county. This subdivision shall become operative on July 1,
1999.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to correct a drafting error, thereby giving effect to the
intent of the Legislature in revising the law of nuisance at the
earliest possible time, it is necessary that this act take effect
immediately.