[HISTORY: Adopted by the Town Board of the
Town of Perinton 8-27-1980 by L.L. No. 4-1980 (Ch. 92 of the 1976
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Discharge of firearms in parks — See Ch. 159.
This chapter shall be known and may be cited
as the "Firearms Law of the Town of Perinton" and is established pursuant
to § 130 of the Town Law of New York State.
The purpose of this chapter is to promote and
protect the public health, safety and general welfare of the general
public and residents within certain described boundaries of the Town
of Perinton by prohibiting the discharge of firearms within such areas
as it is hazardous to the general public or nearby residents.
[Amended 8-13-1986 by L.L. No. 4-1986]
It is hereby determined that it is a hazardous
activity to permit the discharge of firearms in an area of the Town
bounded and described as follows (excluding those areas within the
corporate limits of the Village of Fairport), said area to be referred
to as the restricted area:
A.
On the west by the west boundary line of the Town.
B.
On the north by the north boundary line of the Town.
C.
On the east by a line drawn from the north boundary
line of the Town to the south boundary line of the Town as follows:
from the north boundary line of the Town along Fellows Road to and
along Furman Road, to and along Carter Road, to and along Whitney
Road to the county line, south along County Line Road to and along
Macedon Center Road, to and along Lyndon Road, to and along the Barge
Canal, southeast along the Barge Canal to an imaginary straight line
extension of Aldrich Road, south along the imaginary extension of
Aldrich Road, to and along Aldrich Road, to and along Pittsford Palmyra
Road, to and along Victor Road, to the south boundary of the Town.
[Amended 11-29-1989 by L.L. No. 5-1989]
D.
On the south by the south boundary line of the Town.
It shall be unlawful for any person to discharge
any shotgun, revolver, pistol, rifle or other firearm within the restricted
area of the Town of Perinton except as hereinafter excepted. Firearms
shall not be interpreted to include spring guns, air guns, bows and
arrows or other instruments not employing an explosive substance,
nor shall it apply to a starter pistol used to begin an athletic event.
[Amended 9-14-2016 by L.L. No. 2-2017; 3-8-2023 by L.L. No. 1-2023]
The prohibitions of this chapter shall not apply to:
A.
Any law enforcement officers, including game wardens, the Commissioner
of Public Works or his/her designee, or Animal Control Officers, while
engaged in the discharge of their duties.
B.
Any resident of the Town of Perinton while on land owned by such
resident; or any person in possession of a dated, written authorization
from the owner or from a duly authorized lessee, who has written permission
to grant such authorization of the land on which the firearm is being
used. Such written authorization shall expire at 12:00 midnight on
the expiration date set forth in the authorization. When no expiration
date is shown, such written, dated authorization shall expire no later
than the end of the calendar year in which the authorization was granted.
C.
The defense of one's person or property or the person or property
of another.
D.
The regulated use of a pistol, rifle or target range operated and
maintained by any organization duly organized by law for such purposes
and approved by the local law enforcement agency.
E.
Programs conducted by a public school, the Town of Perinton, or persons
certified by the National Rifle Association and approved by the New
York State Conservation Department offering instruction and training
in the use of firearms.
[Amended 8-13-1986 by L.L. No. 4-1986]
It shall be presumptive evidence of a violation
of this chapter if a person is found carrying an uncased, assembled
firearm in a restricted area, soon after any law enforcement officer
or other person hears a firearm discharged and after, upon examination
of the person's firearm, such officer determines that it has been
recently discharged. Such person shall then have the burden of rebutting
such presumption by proving that such person is protected by one of
the above stated exceptions.
[Amended 12-10-1997 by L.L. No. 6-1997]
Any violation of this chapter is hereby declared to be an offense, punishable pursuant to Chapter 115, Enforcement Procedures.
A minimum of four signs giving notice that there
is a Firearms Control Law in effect shall be posted within the Town
of Perinton. No less than one sign shall be placed in each of the
four major directions along a major highway near the boundary of the
Town.
