ORD NO 06-2014 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. b 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 26 -2005, AND
VAN BUREN MUNICIPAL CODE CHAPTER 7.48.03, FOR
INDOOR FIRING RANGES, IN THE CITY OF VAN BUREN,
ARKANSAS.
WHEREAS, Ordinance No. 26 -2005 adds indoor firing ranges as a conditional use to certain zones
inside the City of Van Buren; and
WHEREAS, certain amendments shall be made to the existing code in order to ensure that adequate
safety measures are employed to protect the public; and
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted by
the Van Buren Planning Commission to consider these amendments; and
WHEREAS, the proposed amendments herein were recommended by a unanimous vote of the entire
Planning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Van Buren indoor firing range code established by Ordinance No. 26 -2005 is hereby
amended to read as follows:
7.48.03 Indoor firing ranges. All conditional use permits issued for an indoor firing range shall be subject
to the following conditions:
A. Sound level measurements shall be made ten (10) feet from outside the exterior wall of the
building with a calibrated sound level meter Type II or better using the A- weighted scale in
conformance with the existing standards promulgated by the American National Standards
Institution.
z4 B. The noise level from outside the exterior wall of a firing range shall not exceed eighty (80)
decibels. The Building Inspector or his/her designated representative shall inspect and review the
operation of the facility six (6) months after the facility opens for business. Any cost for the
inspection shall be borne by the owner /operator of the range. The purpose of the inspection shall
be to ensure that no additional sound proofing measures are necessary. If problems are found to
exist (exceeding eighty (80) decibels) from the outside of the exterior wall of the firing range then
the Inspector may impose additional noise abatement measures on the applicant which are
necessary to reduce the decibel level below eighty (80) decibels.
B..
Commission's review of the permit.
C. All potential owners and operators of an indoor firing range shall be required to provide
fingerprint cards to the Arkansas State Police and submit record of his or her criminal history to
the Building Inspector's office prior to the Planning Commission's review of the permit. An
owner /operator will be disqualified for a permit if he /she:
(1) has been convicted of a felony in a court of this state, of any other state, or of the
United States without having been pardoned for conviction and had firearms
possession rights restored;
(2) is subject to any federal, state, or local law that makes it unlawful to receive,
possess, or transport any firearm;
(3) is a fugitive from justice or has an active warrant for his or her arrest;
(4) has been convicted of any offense that requires registration as a sex offender; or
(5) has been convicted of any offense of homicide.
D. An owner /operator is further disqualified if the owner /operator:
(1) has been voluntarily or involuntarily committed to a mental institution or mental health
treatment facility;
(2) has been adjudicated mentally incompetent;
(3) chronically or habitually uses an alcoholic beverage or controlled substance to the extent
that his or her normal faculties are impaired; or
(4) is ineligible to receive a concealed carry license pursuant to A.C.A. 5 -73 -309.
Q E. All Potential owners and operators of an indoor firing range shall submit a statement
signed by all owners /operators that they will comply with all local, state, and federal laws,
regulations and guidelines regarding the operation of an indoor firing range. The statement shall
be submitted to the Building Inspector's office prior to the Planning Commission's review of the
permit.
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D. The ventilation system shall be designed so that the total volume of air in
the range is changed from twenty (20) to forty (40) times per hour at a
minimum, and a steady positive flow of air toward the back stop at the
velocity of fifty (50) feet por minute shall be the minimum acceptable
level, or the ten current OSHA standard, whichever is more stringcnt.
(Ord. No. 2005 26, Scc 1.)
SECTION 2: The provisions of this ordinance are hereby declared to be severable and if any section,
phrase, provision, or application shall be declared or held invalid, such invalidity shall
not affect the remainer of the sections, phrases, provisions, or applications.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of3 for and Q against the foreg• ing dinance at its regular meeting
held on the 19`'' day of May 2014.
all
Robert D. Fr-T��
Mayor
ATTESTED: AP' O 1 AS TO FORM:
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1 C Willift i
Barbee urtis Can. ettle
City Clerk/Treasurer City Attorney
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