ORDINANCE NO. 26-03-03
AN ORDINANCE AMENDING CHAPTER 34 –
OFFENSES AND MISCELLANEOU PROVISIONS
OF THE ABERDEEN CITY CODE REGARDING FIREARMS
WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and
WHEREAS, City Council has determined that the following ordinance will protect the health, safety, and property of its citizens, and expand the lawful use of property for waterfowl hunting.
BE IT ORDAINED BY THE CITY OF ABERDEEN, SD, THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:
- Sec. 34-76 and Sec. 34-77 of Chapter 34 – OFFENSES AND MISCELLANEOUS PROVISIONS are hereby amended with underline indicating text to be added and strikethrough indicating text to be deleted and the remainder to be left unaffected:
Sec. 34-76. Carrying concealed weapon.
No person shall carry concealed about his or her person any dangerous weapon as defined in SDCL 22-1-2 without a valid license therefor; provided, however, that this section shall not apply to the lawful possession and carry of a firearm. Any peace officer may wear or carry such weapons as may be necessary and proper for the discharge of his or her official duties.
Sec. 34-77. Discharging firearms.
(a) Prohibition. No person shall discharge or shoot any firearm within the corporate limits of the city or any public ground or park belonging to the city outside the corporate limits and within a one-mile radius from the corporate limits.
(b) Exceptions. The following shall be excepted from the prohibition in subsection (a) of this section:
(1) An owner of real property within the one-mile radius may discharge and allow to be discharged shotguns on his or her own property while lawfully hunting pheasants or waterfowl in compliance with all hunting and noise regulations; provided, however, that no hunting within the one-mile radius may occur within a safety zone of 660 feet from any city ground or park, occupied dwelling, church, or schoolhouse unless the owner or manager of such city ground or park, dwelling, church, or schoolhouse has expressly provided permission to hunt within the safety zone.
(2) City employees acting in the scope of their employment.
(3) Upon the property owned by the city which is known and described as Willow Creek Reservoir.
(4) Upon a licensed shooting range.
(5) Paintball guns that are used in a designated paintball arena. The arena must provide adequate protection at every entrance, exit, window or other opening to the outdoors or other areas to prevent the escape of any paintball discharges or hitting any unsuspecting individual not involved with the paintball activity. Further, the operator of the indoor paintball arena must have liability insurance protection with at least $500,000.00 of coverage for general liability to provide protection of patrons from injuries that may occur and medical expense liability protection of at least $25,000.00.
(6) Temporary, organized firearms displays or exhibitions during which guns, pistols, or other firearms are discharged using blanks instead of bullets, or which use bullets made of wax, paraffin, or similar material. Such organized displays must be approved in advance by the chief of police or his or her designee.
(7) In a gun salute performed by a bona fide veteran’s service organization or the armed forces of the United States.
- Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
- Effective Date. The City Finance Officer shall cause this ordinance to be published in the official newspaper in clean text with all deletions and additions incorporated therein and endnotes omitted. This ordinance shall become effective twenty (20) days after the completed publication, unless the referendum is invoked.
/s/ Travis Schaunaman, Mayor, ATTEST: /s/ Jordan McQuillen, Finance Officer
First Reading: March 2, 2026, Second Reading: March 16, 2026, Final Adoption: March 16, 2026, Published: March 19, 2026, Effective Date: April 8, 2026
Published once on March 19, 2026, at the total approximate cost of $47.97 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com