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ORD NO 26-2005 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. a6 -2005 AN ORDINANCE AMENDING ORDINANCE NO, 7 -1963 AND NO. 25 -1997 FOR THE PURPOSE OF ADDING INDOOR FIRING RANGE AS A CONDITIONAL USE AND SETTING RESTRICTIONS THEREON; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, Ordinance No. 25 -91 makes the discharging of firearms within the city limits unlawful, with the exception of discharges in a regularly established shooting gallery; and WHEREAS, The zoning ordinance of the City of Van Buren does not provide a zone for the placement of a "shooting gallery;" and WHEREAS, The Planning Commission, after notice to the public and a public hearing on the issue, recommends that shooting galleries be included in the zoning ordinance, but only by conditional use, to ensure that adequate safety measures are employed to protect the public and only in commercial and /or industrial areas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That Ordinance No. 7 -1963, as amended by Ordinance No. 25 -1997, is amended to add the follow provision: "Additional Conditions for Indoor Firing Ranges." All conditional use permits issued for an indoor firing range shall be subject to the following conditions: a. 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 bourne 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. All potential owners and operators of an indoor firing range shall be required to obtain a letter from the chief of police stating that the individuals and all employees have no known criminal history. Such letter shall be submitted to the Building Inspector's Office prior to the planning commission's review of the permit. c. 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. 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 per minute shall be the minimum acceptable level, or the then current OSI-TA standard, whichever is more stringent. SECTION 2: Because no current regulations are in place for indoor firing ranges, and that any range being established in the City needs to be subject to these regulations, it is necessary for the public peace, health, safety and welfare, that these regulations be implemented immediately, and an emergency is declared to exist. Therefore, this ordinance shall be in full force and effect from after the date of the passage. PASSED AND APPROVED THIS 153. DAY OF NOVEMBER, 2005. MAYOR gpLIN RIG ATTESTED: ILLU CITY CLERK/TREASURER