Relating to shooting ranges; creating new provisions; amending ORS 467.020 and 467.030; repealing ORS 467.130, 467.132, 467.135 and 467.137 and sections 40c and 40d, chapter 3, Oregon Laws 1995 (special session); and declaring an emergency.




     68th OREGON LEGISLATIVE ASSEMBLY--1996 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 283

                         House Bill 3484

Sponsored by SPECIAL SESSION COMMITTEE ON GOVERNMENT AFFAIRS


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Grants immunity from civil action or criminal prosecution in
any matter relating to noise or noise pollution from shooting
range so long as owners, operators or lessees of range complied
with noise control laws at time construction began or no noise
control law was then existing. Prohibits court from enjoining
operation of shooting range on basis of noise if owners,
operators or lessees of range complied with applicable noise
control laws at time construction began or no noise control law
was then existing.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to shooting ranges; creating new provisions; amending
  ORS 467.020 and 467.030; repealing ORS 467.130, 467.132,
  467.135 and 467.137 and sections 40c and 40d, chapter 3, Oregon
  Laws 1995 (special session); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 40c, chapter 3, Oregon Laws 1995
(special session) (amending ORS 467.020) is repealed. + }
  SECTION 2. ORS 467.020 is amended to read:
  467.020.  { + Except as provided in sections 6 and 8 of this
1996 Act, + } no person may emit, cause the emission of, or
permit the emission of noise in excess of the levels fixed
therefor by the Environmental Quality Commission pursuant to ORS
467.030.
  SECTION 3.  { + Section 40d, chapter 3, Oregon Laws 1995
(special session) (amending ORS 467.020) is repealed. + }
  SECTION 4. ORS 467.030 is amended to read:
  467.030. (1) In accordance with the applicable provisions of
ORS 183.310 to 183.550, the Environmental Quality Commission
shall adopt rules relating to the control of levels of noise
emitted into the environment of this state and including the
following:
  (a) Categories of noise emission sources, including the
categories of motor vehicles and aircraft.
  (b) Requirements and specifications for equipment to be used in
the monitoring of noise emissions.
  (c) Procedures for the collection, reporting, interpretations
and use of data obtained from noise monitoring activities.
  (2) The Environmental Quality Commission shall investigate and,
after appropriate public notice and hearing, shall establish
maximum permissible levels of noise emission for each category
established, as well as the method of measurement of the levels
of noise emission.
  (3) The Environmental Quality Commission shall adopt, after
appropriate public notice and hearing, standards for the control
of noise emissions which shall be enforceable by order of the
commission.
   { +  (4) In adopting noise control rules, levels and standards
under this section, the Environmental Quality Commission shall
not adopt any rule that would impose liability for any activity
for which immunity from civil and criminal liability is granted
or for which an action for nuisance is prohibited under sections
6 and 8 of this 1996 Act. + }
  SECTION 5.  { + ORS 467.130 is repealed and section 6 of this
Act is enacted in lieu thereof. + }
  SECTION 6.  { + Any owner, operator or lessee of a rifle,
pistol, silhouette, skeet, trap, blackpowder or other shooting
range in this state shall be immune from civil or criminal
liability based upon an allegation of noise or noise pollution so
long as:
  (1) The allegation results from the normal and accepted
activity on the shooting range;
  (2) The owner, operator or lessee complied with any applicable
noise control law or ordinance existing at the time construction
of the shooting range began or no noise control law or ordinance
was then existing; and
  (3) The allegation results from activity on the shooting range
occurring between 7 a.m. and 10 p.m. or conducted for law
enforcement training purposes. + }
  SECTION 7.  { + ORS 467.132 is repealed and section 8 of this
Act is enacted in lieu thereof. + }
  SECTION 8.  { + The owner, operator or lessee of a rifle,
pistol, silhouette, skeet, trap, blackpowder or other shooting
range in this state shall not be subject to any action for
nuisance and no court in this state shall enjoin the use or
operation of such shooting range on the basis of noise or noise
pollution so long as:
  (1) The allegation results from the normal and accepted
activity on the shooting range;
  (2) The owner, operator or lessee complied with any applicable
noise control law or ordinance existing at the time construction
of the shooting range began or no noise control law or ordinance
was then existing; and
  (3) The allegation results from activity occurring between 7
a.m. and 10 p.m. or conducted for law enforcement training
purposes. + }
  SECTION 9.  { + ORS 467.135 is repealed and section 10 of this
Act is enacted in lieu thereof. + }
  SECTION 10.  { + Any local government or special district
ordinance or regulation now in effect or subsequently adopted
that makes a shooting range a nuisance or trespass or provides
for its abatement as a nuisance or trespass is invalid with
respect to a shooting range for which no action or claim is
allowed under sections 6 and 8 of this 1996 Act. + }
  SECTION 11.  { + ORS 467.137 is repealed and section 12 of this
Act is enacted in lieu thereof. + }
  SECTION 12.  { + The exemption allowed under sections 6 and 8
of this 1996 Act for shooting activity conducted for law
enforcement training purposes shall be allowed only:
  (1) For up to four nights a month; and
  (2) After the owner, lessee or operator provides notice of the
activity at least one week before the activity occurs by
publication in a newspaper of general circulation in a county in
which the shooting range is located. + }
  SECTION 13.  { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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