[HISTORY: Adopted by the Board of Trustees
of the Village of Mill Neck 8-6-1954 as Ord. No. 11; amended in its entirety 6-9-1992 by L.L. No.
3-1992. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Trapping — See Ch. 118.
As used in this chapter, the following terms
shall have the meanings indicated:
A shotgun, rifle, revolver, pistol or any other device which
emits a projectile by the force of an explosion.
A bow and arrow, crossbow, blow gun, sling shot, CO2 gun, air gun, BB gun or any other device which emits
a projectile with a force other than an explosion.
A.
No person shall carry any firearm or weapon in the
open air within the corporate limits of the village unless said firearm
or weapon is contained in a case or sleeve designed for the protection
of such firearm or weapon while being carried or transported, or in
the box or carton in which such firearm or weapon was purchased at
retail or in some other similar secure box, wrapping or enclosure.
B.
No person shall point, aim, discharge or otherwise
use any firearm or weapon within the corporate limits of the village.
C.
No person shall cause a projectile or bullet emitted
from any firearm or weapon to pass over property situated or lying
within the corporate limits of the village.
Subject to the restriction of state law, the foregoing provisions of § 55-2 shall not apply to:
A.
A police officer acting in discharge of his duties;
or
B.
Any person when reasonably necessary for the protection
of life or property or both, or in the act of self-defense.
C.
The owner
of a parcel of land or their authorized agent to use a bow and arrow
or crossbow on such parcel of land, and any adjoining parcel of land,
if applicable, provided:
[Added 12-13-2016 by L.L.
No. 2-2016]
(1)
The
individual using the bow and arrow or crossbow holds a valid New York
State Department of Environmental Conservation hunting license with
a bow hunting privilege;
(2)
The
land owner(s) is in possession of a valid New York State Department
of Environmental Conservation deer damage permit;
(3)
The
individual has, if applicable, obtained the prior written consent
from any neighboring owner of land intended to be entered upon for
the purpose of using a bow and arrow or crossbow pursuant to this
section; and
(4)
The
land owner(s) has filed the deer damage permit with the Village Clerk
and a copy of the written consent from any neighboring landowner,
if applicable.
Any police officer having reasonable cause to
believe that a person is or has been violating any provision of this
chapter may demand the surrender by such person of any firearm or
weapon in the physical possession of such person, and if such firearm
or weapon is not voluntarily surrendered pursuant to such demand,
it may be taken from such person by the use of such force as may be
reasonably necessary. If such person is charged with a violation of
this chapter, the firearm or weapon so surrendered or taken shall
be retained in the custody of the police until such charges are disposed
of. Upon a dismissal of the charges or verdict of not guilty, the
firearm or weapon shall be returned to such person. Upon any other
disposition of the charges, the Board of Trustees may take such action
with regard to such firearm or weapon as such Board may deem appropriate
to protect public safety and welfare.
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
