CALIFORNIA CODES CIVIL CODE SECTION 3479-3482

CALIFORNIA = CIVIL CODE SECTION 3480-3482.1

3480. Section Thirty-four Hundred and Eighty. A public nuisance is one which affe= cts at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

3481= . Every nuisance not included in the definition of the last section is private.

3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.

3482.1. (a) As used in this section:

(1) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.

(2) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport or law enforcement training purpose.

(3) "Indoor shooting range" means a totally enclosed facility designe= d to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use.

(4) "Nighttime" means between the hours of 10 p.m. and 7 a.m.

(b) (1) Except as provided in subdivision (f), a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is = in compliance with any noise control laws or ordinances that applied to the ra= nge and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if = there were no such laws or ordinances that applied to the range and its operation= at that time.

(2) Except as provided in subdivision (f), a person who operates or uses a sport shooting range or law enforcement training range is not subject to an action for nuisance, and a court shall not enjoin the use or operation of a range,= on the basis of noise or noise pollution if the range is in compliance with any noise control laws or ordinances that applied to the range and its operatio= n at the time construction or operation of the range was approved by a local pub= lic entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time. <= /o:p>

(3) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section.

(c) A person who acquires title to or who owns real property adversely affected= by the use of property with a permanently located and improved sport shooting range may not maintain a nuisance action with respect to noise or noise pollution against the person who owns the range to restrain, enjoin, or imp= ede the use of the range where there has been no substantial change in the natu= re or use of the range. This section does not prohibit actions for negligence = or recklessness in the operation of the range or by a person using the range. =

(d) A sport shooting range that is in operation and not in violation of existing law at the time of the enactment of an ordinance described in subdivision (= b) shall be permitted to continue in operation even if the operation of the sp= ort shooting range at a later date does not conform to a new ordinance or an amendment to an existing ordinance if there has been no substantial change = in the nature or use of the range. Nothing in this section shall be construed = to limit the authority of a local agency to enforce any term of a conditional = use permit.

(e) Except as otherwise provided in this section, this section does not prohibi= t a local public entity having jurisdiction in the matter from regulating the location and construction of a sport shooting range after the effective dat= e of this section.

(f) This section does not prohibit a local public entity having jurisdiction in= the matter from requiring that noise levels at the nearest residential property line to a range not exceed the level of normal city street noise which shall not be more than 60 decibels for nighttime shooting. The subdivision does n= ot abrogate any existing local standards for nighttime shooting. The operator = of a sport shooting range shall not unreasonably refuse to use trees, shrubs, or barriers, when appropriate, to mitigate the noise generated by nighttime shooting. For the purpose of this section, a reasonable effort to mitigate = is an action that can be accomplished in a manner and at a cost that does not impose an unreasonable financial burden upon the operator of the range.

(g) This section does not apply to indoor shooting ranges.
(h) This section does not apply to a range in existence prior to January 1, 199= 8, that is operated for law enforcement training purposes by a county of the s= ixth class if the range is located without the boundaries of that county and wit= hin the boundaries of another county. This subdivision shall become operative on July 1, 1999.