Code Time

October 25, 2009

Code Time with Code Enforcement Officer Kenny Oland

As part of the Town of Thurmont’s ongoing effort to review and revise the codes the Board of Commissioners recently approved the revision to Chapter 72, Firearms.  The greatest change to this is the development of classes of firearms as well as making the discharge of a firearm within the Town limits a criminal offense.The two classes of firearms are listed within the revised chapter along with the penalties for the discharging of that class of firearm.  This chapter, at this time, does not address the shooting of a bow and arrow within the Town limits.

Article II - Discharge of Firearm

            § 72-20 - Discharge of Firearm within Town Limits.

            § 72-21 - Exceptions

Article I Definitions § 72-10.  Definitions

 As used in this Chapter, the following terms shall have the meaning indicated.

 FIREARM -

  1. Class ‘A’ Firearm is a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of such a weapon.
  2. Class ‘B’ Firearm shall include, but is not limited to, air rifle, air gun, slingshot, pistol, BB gun, spring gun, gas-operated gun, pellet gun or rifle, paint gun or rifle.

 TOWN - Town of Thurmont.

Article II

 

Discharge of Firearm

 

§ 72-20. Discharge of Firearm within the Town Limits

 

  1. No person shall discharge a Class ‘A’ Firearm within the corporate limits of the Town.  A person convicted of discharging a Class ‘A’ Firearm shall be guilty of a misdemeanor and is subject to imprisonment not to exceed six months, or a fine not to exceed $1,000.00, or both.

 

  1. It shall be unlawful for any parent, guardian, custodian, or care giver to knowing permit a minor to violate § 72-20.1 and shall, upon conviction, be guilty of a misdemeanor, and be subject to imprisonment not exceeding six months, or a fine not exceeding $1,000.00, or both.

 

  1. No person shall discharge a Class ‘B’ Firearm within the corporate limits of the Town.  A violation of this section is declared to be a municipal infraction.  The penalty for violation shall be a sum of fifty ($50.00) dollars.

 

  1. It shall be unlawful for any parent, guardian, custodian, or care giver to knowingly permit a minor to violate § 72-20.3 and will be subject to a penalty if he knew or should have known that the minor would violate that section or give a minor the firearm with which to do so.  A violation of this section is declared to be a municipal infraction.  The penalty for violation shall be a sum of fifty ($50.00) dollars.

 

§ 72-21.  Exceptions

 

  1. The above section does not apply to:

 

  1.  
    1. The discharge of a firearm by any duly authorized law enforcement official acting in proper performance of their official duty.
    2. In the lawful defense of person or property.
    3. To destroy a dangerous animal or to relieve an injured animal from suffering.
    4. During theatrical performances or sporting events with prior written notification to and approval by the Chief of Police.
    5. Firing during ceremonial salutes or events with prior written notification to and approval by the Chief of Police.
    6. Discharge of a Class ‘A’ Firearm at a duly organized rifle, gun or pistol club while such member is engaged in practice or competition on an established range approved by the Chief of Police or officer in charge of the Police Department.
    7. The discharge of noise making devices for the purpose of disbursing nesting or roosting wild birds. This shall only be conducted by an employee of the Town of Thurmont with the written permission by the Board of Commissioners, and with prior notification to the Chief of Police.

           

            Recently there have been questions regarding where can the Codes of the Town of Thurmont be reviewed.  A copy of all the codes is on file at the Town Office for review by the public.  They are also being placed on the Town’s website under Municipal Documents. 

 

            I remind all Thurmont residents, again this month; your address is to be placed on your house as well as on BOTH SIDES of your mailbox.  The code also requires that you place your house number to the rear of your property if it can be accessed or seen from an alley, street, or common area.  This assists emergency responders locate your address quickly.  If you should have questions regarding this code you can call me at the Police Station.

 

            Regarding yard sales, all yard sale signs are to be removed no later than 9:00 P.M. the last day of your sale.  Signs are not to be attached to any sign or utility pole.  Up to this time warnings have been issued for these violations.  The Police Department will begin to issue citations for these and other violations of the Codes.

 

            Fall is here and it is not too early to remind our residents, business owners and property owners about removing snow and ice from the sidewalks.  Once the snow or other falling weather has ceased the responsible person has 12 hours to clear the sidewalks.

 

            If you should have any questions about this month’s topics, or any of the Code of the Town of Thurmont, I may be reached at 301-271-0905 or at koland@frederickcountymd.gov.

 

Kenny Oland

 

 

 

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