§ 14-409.46. Sport shooting range protection. - North Carolina Statutes

§ 14‑409.46.  Sportshooting range protection.

(a)        Notwithstanding anyother provision of law, a person who owns, operates, or uses a sport shootingrange in this State shall not be subject to civil liability or criminalprosecution in any matter relating to noise or noise pollution resulting fromthe operation or use of the range if the range was in existence at least threeyears prior to the effective date of this Article and the range was incompliance with any noise control laws or ordinances that applied to the rangeand its operation at the time the range began operation.

(b)        A person who owns,operates, or uses a sport shooting range is not subject to an action fornuisance on the basis of noise or noise pollution, and a State court shall notenjoin the use or operation of a range on the basis of noise or noisepollution, if the range was in existence at least three years prior to theeffective date of this Article and the range was in compliance with any noisecontrol laws or ordinances that applied to the range and its operation at thetime the range began operation.

(c)        Rules adopted byany State department or agency for limiting levels of noise in terms of decibellevel that may occur in the outdoor atmosphere shall not apply to a sportshooting range exempted from liability under this Article.

(d)        A person whoacquires title to real property adversely affected by the use of property witha permanently located and improved sport shooting range constructed andinitially operated prior to the time the person acquires title shall notmaintain a nuisance action on the basis of noise or noise pollution against theperson who owns the range to restrain, enjoin, or impede the use of the range.If there is a substantial change in use of the range after the person acquirestitle, the person may maintain a nuisance action if the action is broughtwithin one year of the date of a substantial change in use. This section doesnot prohibit actions for negligence or recklessness in the operation of therange or by a person using the range.

(e)        A sport shootingrange that is operated and is not in violation of existing law at the time ofthe enactment of an ordinance and was in existence at least three years priorto the effective date of this Article, shall be permitted to continue inoperation even if the operation of the sport shooting range at a later datedoes not conform to the new ordinance or an amendment to an existing ordinance,provided there has been no substantial change in use. (1997‑465,s. 1.)