News
   Valley Center
   Park City
   Kechi
   Bel Aire
   School
   Sheriff
   Police & Fire
   Deaths
   Looking Back
   Heard on Main Street
Municipal Court
Sports
   School Sports
   Rec League
People
   General
   Birthdays
   Engagements & Weddings
Opinions
   Editorials
   Letters
   Commentary
Columns
Church
Advertising
   Classified
   Legal
New gun ordinance aims to clarify law 
By David Dinell
Last Updated: September 10, 2015

When Park City police were called to the Prairie Hills subdivision on the evening of Sept. 2 about shotguns being fired nearby, they found themselves in a bit of dilemma. 

Residents were upset not only about the shots going off but the fact that shotgun pellets were falling around their homes, hitting two vehicles and a 17-year-old girl. Even though the girl was unhurt, the situation was  discomforting to residents.  

But there wasn't much the police could legally do as the shooters, who were dove hunting, fell into a gray area of Park City law. On the one hand, they were on more than five total acres, which makes it legal to use the guns, and they had the permission of the land owner who has part of that land. 

On other hand, some of that land was platted reserves and easements owned by the city and a bank, and they didn't have permission from them to be able to include that land in the five-acre count. 

The area in question is just north of 53rd Street North halfway between Hydraulic and Hillside. The shooters were in the southeast corner of the area shooting northwest in the direction of Prairie Hills. 

The law says they must be 300 feet away from structures, which they were, but a strong wind carried the pellets into the housing area, prompting the complaints — and the  action by city officials. 

By noon the following day, they called a special city council meeting to take on the issue. 

The subject had been on the agenda for the Sept. 8 meeting, but officials were in no mood to delay the subject and five council members, along with Mayor Ray Mann, City Administrator Jack Whitson, Police Chief Phil Bostian and City Clerk Dana Walden met at the Park City Library at 6 p.m. Sept. 3. 

"This needs to be addressed right away," Mann said. "We have to resolve the language of the ordinance." 

Bostian said the shooters were cooperative with the police, but, at the same time, the way the law was written, the police didn't have any legal ground to stand on in dealing with them. 

In rewriting the ordinance, officials had to walk a fine line on the issue, because on the one hand, they don't want to infringe on the rights of those with five acres or more to discharge shotguns, but on the other hand, they don't want to have residents with pellets in their yards — or hitting them.  

The changes included:

•Changing the words as to what can be fired from "firearms" to "a shotgun." 

•Not allowing platted reserves and easements to count in a five-acre total. 

•Not allowing the discharge of a solid projectile or slug from a shotgun. 

The ordinance still allows police to discharge a firearm in the course of their duties, firearms to be used in a licensed shooting gallery and  licensed gunsmiths to fire guns in association with their work. 

The unlawful discharge of a firearm within the city limits remains a Class B violation. 

The changes to the ordinance were approved by a 5-0 vote and the meeting was completed in 30 minutes. Council members George Glover, Melvin Kerr and John Lehnherr were not able to make the meeting. 

Usually, when passed, the city's ordinances are published in The Ark Valley News on Thursdays and at that time they take effect. 

However, city leaders directed Walden to have it printed in the Sept. 7 issue of The Wichita Eagle in order to make it legal a few days early and to legally cover the end of the Labor Day weekend.  

"We want to give them (the residents) a little peace of mind," Mann said. 





Trending Stories
Deaths KRISTINA LEONARD

Legals SEDGWICK COUNTY PUBLIC NOTICE

Valley Center City trims street projects

Valley Center Wrapped in love

Valley Center Student enrollment sees a small dip

Other Sections
News

Sports

People

Columns

Opinion

Contact Ark Valley News | Archives