Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield 7-19-1993 by L.L. No. 5-1993 amended in its entirety 7-15-2002 by L.L. No. 6-2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 118.
Parks and recreation areas — See Ch. 123.
Zoning — See Ch. 200.

§ 98-1 Intent.

This chapter is not intended, in any manner, to deny, misconstrue, nullify or contradict, in part or in whole, citizens' rights as given, defined and protected by the Second Amendment of the Bill of Rights of the United States Constitution.

§ 98-2 Definitions.

This chapter will use and include the following terms and definitions:
AFIELD
More than 500 feet from any occupied building, dwelling or structure in use, unless you own it, and as further defined by the NYS DEC regulations for discharge of firearms and bows.
ARCHERY
Any type device for propelling an arrow and as further defined in the NYS DEC regulations for bows, which include long, compound and recurve.
FIREARM
Any type rifle, shotgun, handgun or other device which uses an explosive charge to propel a missile, or missiles, through the barrel.
LOADED
In personal possession afield of both firearm and ammunition, whether separate or together, so that the possessed ammunition can be chambered and fired in such gun.
RIFLE
A rifle as defined in § 265.00-11 of the New York Penal Law.
SHOTGUN
A shotgun as defined in § 265.00-12 of the New York Penal Law.

§ 98-3 Designated firearms discharge areas.

For the purposes of this chapter, the Town of Wheatfield shall be divided into separate designated areas, which shall be known as Firearms Discharge Areas (FDA). All firearms discharge and use of archery afield within these areas must be in accordance with federal, New York State, and local laws. These FDAs shall be defined as below:[1].
A. 
FDA A. That total area within the Town of Wheatfield north of the Niagara Falls Boulevard (U.S. Route 62), excluding that area with an east boundary of Ward Road (NYS 429), starting at the Niagara Falls Boulevard then north to Niagara Road, then westward back again to the Niagara Falls Boulevard.
B. 
FDA B. That total west area within the Town of Wheatfield with an east boundary of Ward Road (NYS 429), starting south at the Town line, then north to Stenzle Avenue, then west to Witmer Road, then north to the Niagara Falls Boulevard, then east to Ward Road, then north to Niagara Road, then west to the Niagara Falls Boulevard and continuing west to the Town line.
C. 
FDA C. That total area within the Town of Wheatfield south of the Niagara Falls Boulevard (U.S. Route 62), with a west boundary of Ward Road (NYS 429), starting south at the Town line, then north to Stenzle Avenue, then west to Witmer Road, then north to Niagara Falls Boulevard and continuing east to the Town line.
[1]
Editor's Note: See also the map of firearms discharge areas on file in the Town's offices.

§ 98-4 Firearms discharge and other prohibitions.

A. 
For that total area within the Town of Wheatfield, including FDAs A, B and C, all persons, firms, associations and/or corporations are hereby prohibited from:
(1) 
Discharging any rifle.
(2) 
Permitting the discharge of any rifle.
(3) 
Possessing any loaded rifle afield.
(4) 
Establishing, constructing, or utilizing any nonapproved rifle or other firearm range in the Town of Wheatfield.
B. 
For FDA A:
(1) 
The prohibitions of Subsection A apply.
(2) 
All other firearms discharge and use of archery afield within FDA A shall be in accordance to federal, New York State and local laws.
C. 
For FDA B:
(1) 
The prohibitions of Subsection A apply.
(2) 
In addition, for that total area defined as FDA B within the Town of Wheatfield, all persons, firms, associations or corporations are prohibited from:
(a) 
Discharging any shotgun loaded with other than shotshell.
(b) 
Permitting the discharge of any shotgun loaded with other than shotshell.
(c) 
Possessing any shotgun afield loaded with other than shotshell.
(3) 
All nonprohibited firearms discharge and use of archery afield shall be in accordance to federal, New York State and local laws.
D. 
For FDA C:
(1) 
The prohibitions of Subsection A apply.
(2) 
In addition, for that total area defined as FDA C within the Town of Wheatfield, all persons, firms, associations or corporations are prohibited from:
(a) 
Possessing any loaded firearm afield.
(b) 
Discharging any firearms of any type or nature.

§ 98-5 Exceptions.

This chapter shall not apply to:
A. 
Any person, firm, association, or corporation exempted by the Town Board in accordance with this chapter by the issuance of a permit according to § 98-6.
B. 
Police officers, peace officers or other legal authority engaged in the performance of their duties.
C. 
Any persons or persons acting in accordance with Article 35 of the New York Penal Code.
D. 
A person, firm, association or corporation operating or utilizing a firearm range approved by the Town Board in accordance with this chapter, while on or at said range.[1]
[1]
Editor's Note: Former Subsection E, concerning an exemption for nuisance wildlife control, which immediately followed this subsection, was deleted 11-13-2006 by L.L. No. 6-2006.

§ 98-6 Permit system.

A. 
Firearms Permit Review Board (FPRB).
(1) 
A firearms discharge review committee, consisting of from five to seven members, shall be appointed by the Town Board. Members shall serve on a biannual basis, and members shall remain until either replaced or they resign. Each member shall;
(a) 
Be a United States citizen and resident of the Town of Wheatfield.
(b) 
Have held a hunting license for at least five years.
(c) 
Have a recognized knowledge of firearms and their use.
(2) 
It shall be known as the Firearms Permit Review Board (FPRB). Two of its members shall be appointed as Chairman and Secretary by the Town Board, and all succeeding FPRB members shall be by recommendation from the existing FPRB to the Town Board.
(3) 
The functions of the FPRB shall be as follows:
(a) 
To review all applications in accordance with § 98-6B and C for a firearms discharge permit (FDP) to discharge firearms and to make recommendations to the Town Board for either approval, denial or other action(s) on such application.
(b) 
Review all recommendations, complaints, or charges regarding firearms discharge or use of archery afield within the Town of Wheatfield and make recommendations to the Town Board for any action(s), if any, the FPRB considers appropriate.
(c) 
Make recommendations to the Town Board concerning firearms discharge and use of archery afield within the Town of Wheatfield for any actions the FPRB considers appropriate.
B. 
Any person, firm, association, or corporation with primary residence or a landowner in the Town of Wheatfield may make written application for a permit to exempt them from one or several provisions of this chapter. Application forms shall be provided according to § 98-6C.
C. 
Permit applications and procedures.
(1) 
Permit applications, including an instruction sheet, FDA Area Map, and other forms as might become necessary, will be provided to applicants by the FPRB. Applications must include the following information:
(a) 
Name(s) and age(s) of the person(s) requesting permit.
(b) 
Legal resident address for each person and the length of time residing at that address.
(c) 
Specific activity(s) and supporting background data for which each permit is requested.
(d) 
If requested by the FPRB or Town Board, description of the area(s) where such activity(s) shall take place and include a map showing appropriate data for the area(s) requested.
(e) 
If requested by the FPRB and/or Town Board, applicant tenant residents must provide a letter of permission from the landowner.
(f) 
Other procedures, data, and descriptions as might be deemed appropriate by either the applicant(s), FPRB, or the Town Board.
(g) 
Failure to provide required or other requested pertinent information shall be considered grounds for denial of permit.
(2) 
Applications for firearms discharge permits (FDP) will be reviewed by the FPRB for evaluation and investigation. Upon completion of this initial process, the FPRB will then make recommendations to the Town Board for either approval, denial or other action(s).
(3) 
The FPRB and the Town Board will act upon and complete the FDP procedure within 60 days of receiving each application.
(4) 
Action on each FDP application shall be either:
(a) 
The issue of a FDP to the applicant within the allotted time; or
(b) 
A letter to the applicant stating the reason(s) why the application is denied or is still pending.
(5) 
FDPs issued under the provisions of this chapter will expire at the end of the month two years from the date of issue.
(6) 
There shall be a five-dollar fee for each permit application, new or renewal, payable at the time that each application(s) is submitted. This fee is nonrefundable.
(7) 
Redress of a denied permit may be initiated 30 days after the date of denial.
(8) 
All FDPs may be renewed, by application within 30 days of their expiration, by the FPRB without action by the Town Board, provided that all information stated on the original FDP application remains the same. The FPRB will notify the Town Board of all renewed FDPs.

§ 98-7 Penalties for offenses.

[Amended 7-15-2002 by L.L. No. 9-2002]
Any violation of the provisions of this chapter shall be deemed an unclassified misdemeanor and subject to imprisonment of not more than six months in jail and a fine of not more than $1,000.