§ 150. Shooting ranges. 1. In any action or proceeding commenced
against an owner or user of a shooting range where one or more causes of
action asserts a claim based on noise or noise pollution resulting from
the inherent shooting activity on such shooting range, it shall be an
affirmative defense that, at the time of the commencement of the action
or proceeding, the shooting range is in compliance with any applicable
noise control laws or ordinances, or, if the applicable noise control
laws or ordinances have no legal force and effect against such owner or
user or there are no applicable noise control laws or ordinances at the
time of the effective date of this section, then the A-weighted sound
level of small arms fire on the shooting range does not exceed 90 dB(A)
for one hour out of a day, or does not exceed 85 dB(A) for eight hours
out of a day measured at, or adjusted to, a distance of one hundred feet
outside the real property boundary of the shooting range. An owner or
user may move for judgment dismissing one or more causes of action
asserted against him on the ground that a cause of action cannot be
maintained because of such affirmative defense.
2. Nothing in this section shall in any way limit the rights or
remedies which are otherwise available to a person under any other law.
3. Notwithstanding the provisions of subdivisions one and two of this
section, no shooting range shall be operated during the period from
10:00 PM until 7:00 AM unless a local law or ordinance specifically
authorizes the operation of a shooting range during all or any portion
of such time period.
4. For the purposes of this section:
(a) "Shooting range" shall mean an outdoor range equipped with targets
for use with firearms and shall include, but not be limited to, all
rifle, pistol and shotgun ranges.
(b) "A-weighted sound level" shall mean the sound pressure level
measured by the use of an instrument with the metering characteristics
and A-weighting frequency response prescribed by sound level meters
using the impulse response mode.
(c) "Sound pressure level" shall mean twenty times the logarithm to
the base ten of the ratio of the root mean squared pressure of a sound
to a reference pressure of twenty micropascals. The unit applied to this
measure shall be the decibel (dB).
(d) "Small arms" shall mean projectile firearms of small caliber,
including rifles, pistols, and shotguns.