CHESTERFIELD • Residents here can no longer use air rifles to rid their property of squirrels - or any other varmint for that matter.
The Chesterfield City Council on Monday voted 6-2 for an ordinance that bans the discharge of firearms or other projectiles -- "to protect crops or other property from squirrels, rodents, birds or other small animals" - within 150 yards of a residence.
Council members Barry Flachsbart and Bob Nation voted against the bill.
Anyone who violates the ordinance faces a fine of up to $1,000, said City Attorney Robert Heggie.
City officials had debated the ordinance for months after former council member Gene Schenberg's neighbors complained he was shooting squirrels with an air rifle.
Council member Matt Segal, who championed the new ordinance, had said that Schenberg's air rifle, capable of firing a lead pellet 800 feet per second, put other residents in danger.
Schenberg says he was only protecting his home from the critters that had done thousands of dollars of damage to his roof over the years. Schenberg says the new ordinance violates the Missouri Constitution, which guarantees that a citizen can "keep and bear arms in defense of his home, person and property."
Schenberg says he will respect the new ordinance, "at least until it's invalidated."
But that doesn't mean he'll allow squirrels to trespass on his property with impunity.
Schenberg said the city has indicated it won't enforce the ordinance against BB guns, which fire a smaller steel, zinc or copper BB. Some models shoot BBs at 350 feet per second.
For the moment, Schenberg said that's what he'll use to rid his property of squirrels.
"It's unfortunate the BB gun is less accurate," he said.
Schenberg might want to think twice about that tactic.
Heggie said that the city will enforce the ban against any weapon capable of inflicting serious injury or death. In the case of a BB gun, the city would look at its individual specifications to determine if it's a violation.
"There are over 200 different types of BB guns," Heggie said.



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