58-3223. Same; application of local law. (a) A sport shooting range that is operated and is not in violation of state law at the time of the enactment of an ordinance or resolution shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or resolution or amendment to an existing ordinance or resolution.
(b) A sport shooting range that is in existence as of the effective date of this act and operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance or resolution of a local unit of government, shall be permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:
(1) Repair, remodel or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;
(2) reconstruct, repair, rebuild or resume the use of a facility or building damaged by fire, collapse, explosion, act of God or act of war occurring after the effective date of this act. The reconstruction, repair or restoration shall be completed within one year following the date of the damage or settlement of any property damage claim. If reconstruction, repair or restoration is not completed within one year as provided in this subsection, such reconstruction, repair or restoration may be terminated in the discretion of the local unit of government; or
(3) do anything authorized under generally accepted operation practices, including, but not limited to:
(A) Expand or enhance its membership or opportunities for public participation; and
(B) reasonably expand or increase facilities or activities.
History: L. 2001, ch. 185, ยง 6; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 32 - Land And Water Recreational Areas
58-3203 Limited liability of property owners; owner's duty of care.
58-3204 Same; owner's responsibility.
58-3205 Same; application to lands leased to state or subdivision.
58-3206 Same; nonapplication of act to certain liabilities.
58-3207 Same; construction of act as to certain liabilities and obligations.
58-3208 Same; prohibition of easements.
58-3212 Duties of responsible party.
58-3213 Procedures for development.
58-3214 Adjacent property owners; duty of care.
58-3215 Actions to enforce act; orders of court.
58-3221 Sport shooting ranges; definitions.
58-3223 Same; application of local law.
58-3224 Same; regulation by local governments; taking of range for certain uses prohibited.