Madera County Municipal Code Ch. 9.94 Discharge of Firearms

The purpose of this chapter is to prohibit the discharge of weapons in certain areas within the unincorporated portion of the county. The discharge of weapons in such areas is a danger to the lives of humans and animals, and to personal and real property.

(Ord. No. 481F, § 2, 6-8-21; Ord. 481-B § 1(part), 1991: Ord. 481 § 1(part), 1984).

The following definitions apply within this chapter:

A. Firearm means and includes pistols, rifles, shotguns, pellet guns, BB guns and all other instruments used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it.

B. Weapon means and includes any firearms, any bow or arrow from a bow having a pull of thirty pounds or more, crossbow or any pellet gun projecting a metallic object by means of air, gas or a spring.

C. Discharge means to shoot, propel, fling, throw, launch, sling, or otherwise project any object from a firearm or weapon.

D. Prohibited area means and includes all of the following:

1. The Bass Lake Area. This area includes that area designated as Bass Lake and within one thousand feet of the land perimeter measured from the high water mark thereof;

2. Sierra Lakes Tracts I and II. This area includes all that territory lying within the boundaries of Sierra Lakes Tracts I and II as shown on those subdivision maps recorded at Volume 6 of Maps on page 140 and Volume 8 of Maps on pages 90 and 91;

3. Goldside Estates Units 1, 2, and 3. This area includes all that territory lying within the boundaries of Goldside Estates Units 1, 2 and 3 as shown on those subdivision maps recorded at Volume 18 of Maps on pages 33 and 34, Volume 22 of Maps on pages 118 and 119, and Volume 25 of Maps on pages 14 and 15;

4. Griffin Park. This area includes all that territory lying within the boundaries of Griffin Park as shown on the subdivision map recorded at Volume 29 of Maps on pages 175 and 176;

5. Hidden Lakes Estates No. 1 and 2. This area includes all territory lying within the boundaries of Hidden Lakes Estates Nos. 1 and 2 as shown on those subdivision maps recorded at Volume 7 of Maps on page 72, and Volume 9 of Maps on page 121;

6. The Thornberry Area. This area includes all that territory bounded by Highway 41 on the west, Road 420 on the north, Mudge Ranch Road on the east and the National Forest Boundary on the south;

7. The Madera Ranchos Area. This area includes all that territory lying within the boundaries of Madera Ranchos Nos. 1, 2, 3, 4, 5 and 6 as shown on those subdivision maps recorded at Volume 7 of Maps on pages 89—93 and 145—148, Volume 8 of Maps on pages 58—63, 64—65 and 97—105, and Volume 9 of Maps on pages 64—71;

8. The Bonadelle Ranchos Areas. These areas include all that territory lying within the boundaries of Bonadelle Ranchos, and Bonadelle Ranchos Nos. 1, 2, 3, 4, 6, 7, 8, 9 and 10 as shown on those subdivision maps recorded at Volume 7 of Maps on pages 102—116 and 139—143, Volume 9 of Maps on pages 1—9 and 126, Volume 8 of Maps on pages 140—144, Volume 10 of Maps on pages 46—61, 112 and 129—135, Volume 11 of Maps on pages 120—135 and 96—119;

9. The Rolling Hills Area. This area includes all that territory lying within the boundaries of Rolling Hills Nos. 1, 2, 3 and 4 as shown on those subdivision maps recorded at Volume 8 of Maps on pages 6—7, 53—54, and 70—71, and Volume 9 of Maps on pages 27—28;

10. Redwood Creek. This area includes all that territory lying within the boundaries of Redwood Creek as shown on the subdivision map recorded at Volume 6 of Maps on pages 88 and 89;

11. Ponderosa Acres. This area includes all territory lying within the boundaries of Ponderosa Acres as shown on the subdivision map recorded at Volume 7 of Maps on pages 32—35;

12. Yosemite Lakes Park. This area includes all that territory lying within the boundaries of Yosemite Lakes Park as shown on those subdivision maps recorded at Volume 16 of Maps on pages 37—70, a portion of which was amended and rerecorded at Volume 23 of Maps on pages 1 and 2;

13. Valley Lake Ranchos. This area includes all that territory lying within the boundaries of Valley Lake Ranchos as shown on the subdivision map recorded at Volume 11 of Maps on pages 30—63 inclusive, and in addition includes the bed and banks of Dry Creek between Roads 28½ and 30;

14. Lake Madera Country Estates. This area includes all that territory lying within the boundaries of Lake Madera Country Estates as shown on the subdivision map recorded at Volume 10 of Maps on pages 84—104 inclusive;

15. Indian Lakes Estates. This area includes all that territory lying within the boundaries of Indian Lakes Estates as shown on the subdivision map recorded at Volume 13 of Maps on pages 1—19, inclusive.

16. The San Joaquin Riverfront. This area includes all that territory lying below the historical high water mark of the San Joaquin River toward the interior of Madera County, including the following: beginning at the point on the center line of the San Joaquin River, which is the boundary of Fresno and Madera Counties, and having California Highway 99 as its western boundary, and continuing generally eastward and/or northward along the center line of the San Joaquin River until reaching the Friant Dam.

(Ord. No. 481F, § 2, 6-8-21; Ord. 481E § 1, 1993; Ord. 481D § 1, 1992; Ord. 481C § 1, 1992; Ord. 481-B § 1(part), 1991: Ord. 481-A § 1, 1986: Ord. 481 § 1(part), 1984).

No person shall discharge any weapons within a prohibited area or from, on, or into any roadway or highway open to the public, whether within or without a prohibited area, except as otherwise provided in this chapter.

(Ord. No. 481F, § 2, 6-8-21; Ord. 481-B § 1(part), 1991: Ord. 481 § 1(part), 1984).

Section 9.94.030 shall not apply to any peace officer, or any person who is a member of a posse under the direct control of the sheriff, when the peace officer or posse member is acting in such capacity.

(Ord. No. 481F, § 2, 6-8-21; Ord. 481-B § 1(part), 1991: Ord. 481 § 1(part), 1984).

Section 9.92.030 shall not apply to any person contracted by the county to provide wildlife animal damage management. Discharge of firearms shall be in accordance with applicable federal, state and local laws, regulations, and licensing requirements. Discharge of firearms in accordance with this section shall occur after any such wildlife is legally trapped, restrained or contained. Any person with whom the County of Madera contracts as a wildlife damage management specialist, and is subject to this exemption, shall indemnify and hold harmless the county, its special districts, elected and appointed officers, employees and agents from any and against any and all claims and liabilities arising out of the exercise of this exemption. Such person shall provide evidence of such indemnification in writing at the request of the county's risk manager. The entity shall also maintain for the duration of the contract, a level of liability insurance in the type and amount determined to be adequate by the county's risk manager.

(Ord. No. 481F, § 2, 6-8-21; Ord. No. 349A, § 3, 4-18-17).

A. Each prohibited area shall be posted with signs displayed at intervals of not less than three to the mile along the perimeter of the prohibited area. The sign shall read as follows:

WARNING

DISCHARGE OF WEAPONS IS PROHIBITED WITHIN (name of area from section 9.94.020(D)). VIOLATION MAY BE PUNISHED BY A FINE, JAIL TERM, AND/OR CONFISCATION OF THE WEAPONS.

B. At the discretion of the road commissioner, signs may be posted to advise the public of the restriction on the discharge of weapons from, on, or into any roadway or highway open to the public. If posted, such signs placed within the road right-of-way shall be parallel to the direction of vehicle travel.

(Ord. No. 481F, § 2, 6-8-21; Ord. 481-B § 1(part), 1991: Ord. 481 § 1(part), 1984).

The penalty for any violation of this chapter shall be as prescribed by Chapter 1.12 and the confiscation of the firearm impounded by the county, as ordered by the court.

(Ord. No. 481F, § 2, 6-8-21; Ord. 481-B § 1(part), 1991: Ord. 481 § 1(part), 1984).