As used in this article, unless the context otherwise requires:

Shooting Range- means a facility designed and specifically delineated for safe shooting practice with firearms.

Operator -means the operating licensed applicant, and any of its officers, directors, partners, or owners.

Premises - means the premises licensed by the city as a shooting range establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.

Range Master- means the individual charged with the responsibility of insuring that the range activities adhere to all rules and regulations for the health and safety of persons at the shooting range.

(Code 2001, 9-201; Ord. 12-4625; Code 2014)

(a)   It shall be unlawful for any person to operate a shooting range within the city limits of the City of Cherryvale without having first secured a license as provided in this article.

(b)   The Cherryvale Police Department shooting range, which is owned and operated by the City of Cherryvale, shall be exempt from this article.

(Code 2001, 9-202; Ord. 12-4625; Code 2014)

(a)   Any person desiring a license to operate a shooting range shall make an application to the governing body of the city and accompany the application with a non-refundable license fee of $50 for the place of business for which the person desires the license. The application shall contain:

(1)   The name and address of the operator of the shooting range and of the person responsible for its operation;

(2)   The address of the range for which a license is desired;

(3)   The names and addresses of all persons who hold any interest in the business;

(4)   The proposed hours and days of operation for the shooting range;

(5)   Certificate of business liability insurance with a minimum limit of $1,000,000;

(6)   Completed Certification of Safety signed by the applicant;

(7)   Certification from the chief of police that he or she has inspected the premises to be licensed;

(b)   One copy of such application, and the supplemental documents required by Section 5-606, Safety Standards & Specifications, shall immediately be transmitted to the chief of police of the city for investigation of the applicant and all employees of the operation. It shall be the duty of the chief of police to investigate such applicant and his or her employees to determine whether each is qualified as a licensee under the provisions of this chapter.

(Code 2001, 9-203; Ord. 12-4625; Code 2014)

(a)   All applications for a new and renewed shooting range license shall be submitted to the city clerk 10 days in advance of the governing body meeting at which it will be considered.

(b)   The city clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.

(c)   The city clerk’s office shall provide copies of all applications to the police department when they are received.  The police department will perform a background check on all applicants and inspect the premises. The chief of police will then recommend approval, or disapproval, of application within five working days of the department’s receipt of the application.

(d)   The governing body will not consider any application for a new or renewed license has not been reviewed by the chief of police.

(e)   An applicant who has not had a shooting range license in the city shall attend the governing body meeting when the application for a new license will be considered.

(Code 2001, 9-204; Ord. 12-4625; Code 2014)

All shooting range operators shall:

(a)   Maintain State of Kansas or National Rifle Association firearms instructor certification and basic First Aid certification;

(b)   Be in compliance with all local, state and federal firearms laws at all times;

(c)   Be a citizen of the United States and a resident in good faith of the state of Kansas for at least one year immediately preceding application.

(Code 2001, 9-205; Ord. 12-4625; Code 2014)

All shooting ranges licensed pursuant to this chapter shall comply with the following safety standards and specifications:

(a)   All structures, installations, operations, and activities shall be located at such distance from property lines as will protect off-site properties from hazard, when the range is used in accordance with range safety rules and practices.

(b)   Range site design features and safety procedures shall be installed and maintained to discourage errant rounds from escaping all shooting positions, when such positions are used in accordance with range safety rules and practices.

(c)   A plan shall be submitted with the license application which shows the location of all buildings, parking areas, and access points; safety features of the firing range; elevations of the range showing target area, backdrops, or butts; and approximate location of buildings on adjoining properties.

(d)   A safety plan shall be submitted which cites rules for the range, sign-in procedures, and restrictions on activities in the use of the range; and every safety plan shall prohibit loaded firearms except as provided by the range safety specifications and operating procedures.

(e)   A first aid kit shall be readily available at each shooting range facility for emergency treatment or care of minor injuries.

(f)    All shooting ranges shall have a designated range master and the range master must be present at all times the range is open to the public.

(g)   Where streets are located adjacent to property containing an outdoor shooting range, warning signs shall be installed and maintained along the shooting range property line.

(h)   A red flag or flashing red light shall be displayed when the range is active. The flag or light shall be displayed at a height so that it is visible from the perimeter of the property.

(i)    Firearms backstop requirements are as follows:

(1)   Must be 18 to 20 feet in height and include tapered 8 foot side backstop which extends out from the main backstop at least 10 feet;

(2)   The outer 1 to 2 feet of soil must be free of rocks and debris, have a 1:1 slope on each side, and be a minimum of 4 feet wide at the top of the backstop;

(3)   The core may be broken concrete or rock of a 6 inch maximum diameter, and minimum compaction of 90 percent laboratory dry density;

(4)   The toe of the slope may be stabilized with sandbags to prevent slumping and ongoing erosion;

(5)   Width of the backstop will be dependent upon the number of shooting stations, with a minimum of 5 feet distance between each station; and

(6)   Backstops shall be maintained to the nuisance standards of the City of Cherryvale code, and shall be clean cut and free of clutter.

(Code 2001, 9-206; Ord. 12-4625; Code 2014)

(a)   No license shall be issued for any premises which are located outside of areas zoned A-1, B-2, I-1 or I-2.

(b)   Applicant must obtain approved conditional use permit if located in areas zoned as A-1, B-2, I-1 or I-2.

(c)   No license shall be issued for any premises which are not clear of residential homes within one-mile of the direction of fire.

(Code 2001, 9-207; Ord. 12-4625; Code 2014)

(a)   The minutes of the governing body shall show the action taken on the application.

(b)   If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.

(c)   No license shall be transferred to another licensee.

(Code 2001, 9-208; Ord. 12-4625; Code 2014)

Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

(Code 2001, 9-209; Ord. 12-4625; Code 2014)

The chief of police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this article or other laws pertaining to operation of a shooting range, which violation does not in his or her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.

(Code 2001, 9-210; Ord. 12-4625; Code 2014)

The governing body of the city, upon five days’ written notice, to a person holding a license to operate a shooting range shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:

(a)   If a licensee has fraudulently obtained the license by giving false information in the application therefore;

(b)   If the licensee has violated any of the provisions of this article or has become ineligible to obtain a license under this section;

(c)   The nonpayment of any license fees;

(d)   If the licensee has become ineligible to obtain a license under this chapter.

(Code 2001, 9-211; Ord. 12-4625; Code 2014)