2001 – No.3 – Discharge of Firearms Within The Village Limits
VILLAGE OF SACKETS HARBOR
LAW #3 OF 2001
DISCHARGE OF FIREARMS WITHIN THE VILLAGE LIMITS
Section 1. Legislative Intent. The Board of Trustees of the Village of Sackers Harbor hereby determines that the discharge of firearms, BB guns, pellet guns and the use of explosives in populated areas is detrimental to the safety and welfare of persons residing within those areas, making it necessary that the use of firearms be regulated for the protection of the public health, safety and welfare and that the unauthorized discharge of firearms be prohibited.
Section 2. Definition. As used in this chapter, the following terms shall have the meanings indicated:
FIREARM — Includes but is not limited to any gun, shotgun, rifle, handgun, pistol, crossbow, or any other device which impels a projectile through the use of explosive force or gunpowder.
PERSON – Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.
Section 3. Prohibited Acts. Except as provided in this law, it shall be unlawful for any person to discharge or cause to be discharged any firearm that, by use of explosive force or gunpowder, emits bullets, BB’s, pellets or projectiles of any kind, whether explosive or non-explosive, within the geographical boundaries of the Village of Sackers Harbor.
Section 4. Exceptions. The provisions of this chapter shall not apply to:
A. A duly appointed law enforcement officer in the performance of official duties.
B. The lawful use of a firearm in defense of person or when necessary for the preservation of human life.
C. The use of firearms shall be allowed on target ranges, indoor or outdoor, vision of the owner or occupant of that land or his or her duly appointed representative, provided that:
(1) All target ranges shall be constructed and operated in a safe. and prudent manner with due regard for the safety of the surrounding community and in compliance with applicable standards, regulations or procedures for operation of same established or promulgated by the State of New York or any recognized body, such as the National Rifle Association or the American Trap Shooting Association, as same may be applicable to the particular use of the range.
(2) Such range is registered as such with the Village by the owner or occupant of the land on which the range is located, which registration shall specify the area or areas designated for target range purposes.
(3) Such range is not located within one thousand (I,000) feet of any dwelling which is not owned by the owner of the range. D. By the members of any bona fide hunting club or fish and game association, on land belonging to such club or association.
E. Explosive devices that are lawfully used for excavation, demolition, construction, reconstruction or remodeling purposes.
F. A person discharging a firearm on any agriculturally worked land, or over the waters of Lake Ontario for the purpose of hunting, provided that such discharge in strict compliance with the provisions of the New York State Penal Law and Environmental Conservation Law, and provided further that any person hunting upon the land of another shall have the written permission of the landowner or lessee of the property and shall have the written permission upon his or her person. The written permission shall be signed by the owner or lessee, shall clearly and legibly state the name and address of the person or persons to whom the permission has been granted,
shall be dated, and shall be valid only for that period as appears on the face of the permittee’s then-current state hunting license.
G. Explosive devices that are lawfully used for a properly permitted fireworks entertainment display or event by a duly licensed operator.
Section 5. Enforcement. This chapter shall be enforced by the State Police, Jefferson County Sheriff’s Department or the Sackers Harbor Village Police Department, each of which is hereby authorized and empowered to issue an appearance ticket for any violation of any provision of this Law.
Section 6. Penalties for Offenses. Any person violating any of the provisions of this law, upon conviction thereof, shall be fined one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense and three hundred dollars ($300.00) for the third and each subsequent offense.
Section 7. SEPARABILITY. Each separate provision herein, and if any provision shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
Section 8. REPEALER. This Local Law shall supersede all prior local laws, ordinances, rules, and regulations relative to the discharge of firearms within the Village of Sackers Harbor and they shall be, upon the effectiveness of this Local .Law, null and void.
Section 9. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State.