The following local ordinances apply in Winchester City:
- Sec. 5-41. - MIGRATORY AND NONMIGRATORY WATERFOWL - Prohibition. (reference)
It shall be unlawful for any person upon public property in the City of Winchester in areas designated by appropriate signage erected at the discretion of the City Manager to:
(a) Feed or bait any migratory or nonmigratory waterfowl.
(b) Create any condition which results in a congregation of migratory or nonmigratory waterfowl on public property which:
(1) Results in an accumulation of waterfowl feces or droppings;
(2) Results in damage to flora, fauna or public property or safety or welfare;
(3) Results in a threat or nuisance to the public health, safety or welfare; or
(4) Results in a threat to the health, safety or welfare of said migratory or nonmigratory waterfowl.(c) This article shall not apply upon lands within a national or state park or forest or wildlife management area.
- Sec. 16-7. - Discharge of firearms. (reference)
It shall be unlawful and a Class 1 misdemeanor for any person to fire or discharge any gun, pistol or other firearm within the limits of the City. This section shall not apply to any law-enforcement officer in the discharge of his official duties nor to any other person whose discharge of a firearm is justifiable or excusable at law in the protection of his life or property or is otherwise specifically authorized by law. (Code 1959, § 16-11)
Cross reference— Shooting birds, § 5-8.
State Law reference— Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865; discharging firearms in streets or public places, Code of Virginia, §§ 18.2-280, 18.2-286.
- Sec. 16-8. - Discharge of air gun, gravel shooter or similar instrument. (reference)
Except as otherwise excluded under Code of Virginia, § 15.2-915.4, it shall be unlawful and a Class 3 misdemeanor for any person anywhere within the City to discharge any shot, bullet, gravel or any similar thing from an air gun, gravel shooter or other similar instrument. This shall not apply to anyone discharging an air powered paintball gun in a completely enclosed indoor activity center specifically designed and used for this purpose. This center must be inspected and approved by the Chief of Police, or his designee, and otherwise be in compliance with all applicable law including Code and Zoning requirements.
(Code 1959, § 16-4; Ord. No. 2010-60, 12-14-10; Ord. No. 2011-48, 11-8-11)
- Sec. 16-9. - Use of bow and arrow restricted; permit required for archery range; urban archery hunting. (reference)
(a) The use of bow and arrows and establishment of an Archery Range within the City limits shall be subject to the following restrictions:
(1) No person shall shoot or discharge an arrow from a bow within the City, except upon an archery range which has been approved as to safety of location and construction by the Chief of Police.
(2) No minor shall shoot or discharge an arrow from a bow within the City, except upon an archery range approved as to safety of location and construction by the Chief of Police and then only when under the immediate supervision of an adult.
(3) Nothing in this section shall apply to the discharge of an arrow, equipped with a blunt rubber tip or rubber suction cup from a bow with a "pull" or "draw weight" of less than ten pounds.
(4) No person shall set up or operate an archery range in the City without first obtaining a permit from the Chief of Police. The Chief of Police shall issue a permit for the construction and operation of an archery range only after the location and construction of the same have been proven to his satisfaction to be consistent with the public safety.(b) Urban archery hunting. Section 16-9(a) shall not apply when discharging an arrow from a bow for the purposes of deer hunting within the City of Winchester limits during the Urban Archery Season, the Early Archery Season, the General Firearms Deer season, as designated in regulations set forth by the Virginia Department of Game and Inland Fisheries, under the following conditions:
(1) On land that is five acres or more of continuous area, approved by the City Manager and the Chief of Police;
(2) The landowner or landowners have applied for an annual permit from the Chief of Police to use their property for the purpose of discharging archery equipment and have identified their properties as such by signage approved by the Chief of Police;
(3) Any person discharging a bow shall, at all times, while engaged in such activity, have in his possession written permission from the landowner(s) to discharge such a weapon on his premises;
(4) Agreement shall be made between the participant and landowner(s) in reference to field dress;
(5) All participants must abide by all applicable sections of the Virginia State Code and Virginia Hunting Regulations. Further, the following restrictions apply:
a. Discharge of a bow must be done from an elevated stand with a minimum height of ten feet.
b. No person shall discharge a bow within 100 yards of any dwelling, building, street, sidewalk, alley, roadway, public land or public place within City limits. Further, all hunting shall be done internally to the property approved for hunting.
c. A person shall neither discharge a bow from, over or across any street, sidewalk, alley, roadway, or public land or public place within City limits or toward any building or dwelling in such a manner that an arrow may strike it nor shall a person discharge a bow over or across the private property of another without permission.
d. No person shall hunt deer within the City limits by use of dog or dogs.
e. Urban Archery Season is restricted to hunting antlerless deer only.
f. Any person engaging in deer hunting must dispose of deer carcasses appropriately.(c) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.
(Code 1959, § 16-5.1; Ord. No. 006-2005, 3-8-05; Ord. No. 2011-21, 10-11-11)