FIREARM — Any pistol, revolver, rifle, shotgun, machine gun, automatic and semiautomatic rifle or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet or any gas, vapor or other noxious thing by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of any air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than 3/8 of an inch in diameter, with sufficient force to injure a person. It shall also include any other instrument or weapon in which a loaded or blank cartridge, except as noted herein, is used or may be used. It shall also, by definition, include any bow and arrow and slingshot. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

OCCUPIED BUILDING — Any building constructed or adapted for overnight accommodation of a person or for operating a business or engaging in an activity therein, whether or not a person is actually present.

PARK — Any existing public park or portion of a public park, whether operated and/or under the control of the Township of West Windsor and/or the West Windsor Plainsboro Board of Education, which is defined as an open or enclosed tract of land adopted for, set apart, maintained at public expense and/or devoted to the purposes of pleasure, recreation, ornament and/or light and air for the general public. It shall also include those lands established for park use pursuant to N.J.S.A. 40:12-1 et seq. and/or unimproved township land or township land left in its natural state.

PLAYGROUND — Any municipal or school facility (including day care) where people gather for the purpose of engaging in recreation, sport, athletic competition or physical activity including, but not limited to, hiking and bicycling. It shall also include such a facility operated by an organization formed in accordance with N.J.S.A. 40:55D-43, unimproved land or land left in its natural state that is maintained by an organization formed in accordance with N.J.S.A. 40:55D-43 and which surrounds such a facility operated by an organization formed in accordance with N.J.S.A. 40:55D-43 but which is not actively devoted to the above purposes is not a playground.

A.

In order to alleviate the risk and danger posed by the carrying and discharge of firearms within the Township of West Windsor, the Township Council hereby determines and ordains that no person, except as noted herein, shall fire or discharge any firearm or carry or transport any loaded firearm, as defined herein in § 86-1, within 450 feet of any occupied building, church, barn or airport nor within 1,000 feet of any public or school playground or day-care facility or any schoolhouse or school grounds or publicly owned open space or park, as defined herein in § 86-1.

B.

No person shall fire or discharge any firearm from or across any state, county, municipal or publicly traveled road or highway.

A.

Law enforcement officers of any governmental agency, federal, state, county and/or municipal, at all times (N.J.S.A. 2C:39-6).

B.

Members of any legally recognized military organization while in the performance of their official duties (N.J.S.A. 2C:39-6).

C.

Privately employed security personnel who are authorized by law to carry firearms while in the performance of their official duties (N.J.S.A. 2C:39-6).

D.

Persons lawfully using firearms in the protection of their person or property for self-defense (N.J.S.A. 2C:39-6).

E.

Persons engaged in the discharge of firearms loaded only with blanks for commemorative events or historic pageants; provided, however, that such persons shall obtain a special permit from the Township Police Division upon application prescribed by the Director of the Department of Public Safety or designee (N.J.S.A. 2C:39-6).

F.

Members of any full-time paid or part-time paid Fire Department or force assigned full-time or part-time to a municipal or county arson investigation unit (N.J.S.A. 2C:39-6).

G.

Civilian employees of the state and federal government while in the performance of their official duties (N.J.S.A. 2C:39-6).

H.

Any representative of the Division of Fish, Game and Wildlife, Department of Environmental Protection (DEP), State of New Jersey, or deputy state conservation officer or full-time employee of the State Division of Parks and Forestry or a New Jersey transit police officer while in the performance of their official duties (N.J.S.A. 2C:39-6).

I.

A guard in the employ of any railway express company, banking or building and loan or savings and loan institution of the State of New Jersey while in the actual performance of official duties (N.J.S.A. 2C:39-6).

J.

A campus police officer appointed pursuant to law at all times. (N.J.S.A. 2C:39-6).

K.

An owner, tenant or lessee of a tract of land, including farmers, in excess of five acres while hunting in and upon said tract. Said tract shall not include any public lands owned and/or controlled by the Township of West Windsor or other designated open spaces controlled by a homeowners/condominium association (N.J.S.A. 2C:39-6).

L.

Owner, tenant or lessee, the latter two having express written and dated permission of the owner, on file with the Township Police Division, when controlling woodchuck or other pests as legally defined, authorized and allowed by the hunting regulations promulgated by the Division of Fish, Game and Wildlife, Department of Environmental Protection, State of Now Jersey. This subsection shall also apply to farmers (N.J.S.A. 2C:39-6).

M.

Persons lawfully participating in the New Jersey State Division of Fish, Game and Wildlife special permit shotgun season and/or regularly scheduled bow and firearm hunting season, either sex, provided that said persons meet the following criteria:

N.

The discharge of firearms at indoor and outdoor ranges, as provided in § 86-4. [Amended 4-25-1994 by Ord. No. 94-10]

O.

Any type of pistols capable of exploding only paper caps containing 35 grains or less explosive composition, including starter pistols used in sporting or athletic events.

P.

The firing of blanks from a firearm during the course of and as part of a community parade or memorial service with the prior approval of the Township Chief of Police by special permit upon application prescribed by the Director of the Department Public Safety.

Q.

In the event that the County of Mercer shall have a deer hunt within its park within the township, then valid New Jersey hunters shall have the right and opportunity to participate, pursuant to N.J.S.A. 23:4-16, as may be amended, as well as rules and regulations established by the County of Mercer.

R.

The firing of bow and arrow (otherwise known as archery) under the auspices of a physical education program conducted by and/or supervised by the West Windsor - Plainsboro Board of Education.

A.

The discharge of firearms at an indoor range which meets the following standards shall be permitted under the following conditions: [Amended 4-25-1994 by Ord. No. 94-10]

B.

The discharge of firearms at an indoor range which meets the following standards shall be permitted under the following conditions: [Amended 4-25-1994 by Ord. No. 94-10]

C.

Outdoor shooting at any range/club shall be permitted on those days and/or hours set forth herein: [Amended 6-20-1994 by Ord. No. 94-18]

D.

Any members of such club(s) duly organized may be permitted to carry their weapons going to or from the club. Only those firearms, which must be carried unloaded, necessary for use at such facility as part of such practice will be allowed, provided that a copy of the charter for the range/club is filed with the Director of the Department of Public Safety or designee.

E.

The club(s) shall, prior to each year of operation but no later than February 1 of each year, provide to the Director of the Department of Public Safety or designee and the Township Clerk a certificate of insurance from an insurance company authorized to do business in the State of New Jersey evidencing that the club(s) is insured against liability for personal injury and death and against liability for property damage arising from the operation of the club(s) in an amount sufficient to address possible liability for personal injury and/or death and/or damage. [Amended 4-25-1994 by Ord. No. 94-10]

F.

Any club(s) so covered by this section shall be required to maintain fencing, with a minimum of four-foot-high fencing and with signs posted no less than one sign per 100 feet, which signs shall conform to the following: [Amended 4-25-1994 by Ord. No. 94-10]