19980130ua

Session of 1998

No. 1998-130

 

 

SB 56

 

 

AN ACT

 

Amending the act of June 2, 1988 (P.L.452, No.74), entitled "An act exempting owners of shooting ranges from any civil or criminal actions relating to noise pollution," further defining the granted immunity from nuisance actions.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

19980130u1s

Section 1.  Sections 1 and 2 of the act of June 2, 1988 (P.L.452, No.74), entitled "An act exempting owners of shooting ranges from any civil or criminal actions relating to noise pollution," are amended to read:

Section 1.  General immunity for noise.

All owners of rifle, pistol, silhouette, skeet, trap, blackpowder or other ranges in this Commonwealth shall be exempt and immune from any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from the normal and accepted shooting activity on ranges, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.

Section 2.  Nuisances and injunction.

The owners of the ranges shall not be subject to any action for nuisance, and no court in this Commonwealth shall enjoin the use or operation of the ranges on the basis of noise or noise pollution, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.

19980130u2s

Section 2.  This act shall be retroactive to June 2, 1988.

19980130u3s

Section 3.  This act shall take effect immediately.

 

 

APPROVED--The 21st day of December, A. D. 1998.

 

THOMAS J. RIDGE