[HISTORY: Adopted by the Town Board of the Town of Marilla 12-6-1976
by L.L. No. 1-1976 (Ch. 109 of the 1999 Code). Amendments
noted where applicable.]
A.
The purpose of this chapter is to promote and protect
the public health, welfare and safety by regulating existing, proposed and
future firing ranges. It is intended to protect property values, to create
a more attractive economic and business climate, to enhance and protect the
physical appearance of the community, to preserve the scenic and natural beauty
of designated areas and to provide for the safety of those living or working
near or passing by the range and, in general, to provide a more enjoyable
and pleasing community and to maintain and promote the agricultural atmosphere
of the Town of Marilla. A clean, wholesome and attractive environment is declared
to be of importance to the health and safety of the inhabitants and the safeguarding
of their material rights against unwarrantable invasion, and in addition,
such environment is deemed essential to the maintenance and continued development
of the economy of the Town and the general welfare of its citizens.
B.
The Town Board hereby declares that such activities and/or
businesses with regard to the use of the land can constitute a hazard to property
and persons and create a public nuisance.
This chapter shall be hereafter known as the "Firing Range Law."
A.
ENFORCEMENT OFFICER
For the purpose of this chapter, the following words
shall have the meanings ascribed to them in this section.
The person designated and authorized by the Town Board of the Town
of Marilla to administer this chapter.
B.
When not inconsistent with the context, words used in
the present include the future; and plural and singular are interchangeable.
The word "person" includes a firm, partnership or corporation as well as an
individual. The word "shall" is always mandatory. The word "used" includes
the term "designed or intended to be used."
A.
It shall be unlawful within the Town of Marilla to operate
a firing range for profit or otherwise without first filing a special development
plan with the Town Board and obtaining a permit for the construction, erection
and continuance of said firing range.
B.
No person or persons being the owner or occupant of any
premises within the Town of Marilla shall allow or permit the use of such
premises for a firing range without a license obtained as hereinafter provided.
Such license shall expire on December 31 following the date of issuance, but
may be renewed subject to the provisions of this chapter for additional periods
of one year each.
C.
The application for a firing range license or the renewal
thereof shall be filed with the Town Clerk and shall show such information
as may be required by the Town Board. The original application together with
the special development plan shall be accompanied by three copies of the firing
range plan drawn to scale. Such plans shall be prepared by a professional
engineer or land surveyor, duly licensed by the State of New York, and shall
be approved by the Erie County Board of Health. It shall show such information
as will establish compliance with this chapter and the standards for firing
ranges.
D.
Proceedings. Upon receipt of the original application,
a special development plan and fee, the Town Board shall authorize a public
hearing and shall refer the application to the enforcement officer, the Planning
Board, if it so desires, and/or other appropriate committees for review. At
the public hearing, the report of the enforcement officer, the report of the
Planning Board, if it has been submitted to it, and/or other investigating
committees shall be read, and all parties in interest shall be heard. Following
the hearing, after due consideration and subject to appropriate conditions
and safeguards and after determining that the application conforms essentially
to the provisions of this chapter and with the standards for firing ranges,
the Town Board may direct the Town Clerk to issue a license.
A.
The Town Board, with or without the advice of the Planning
Board, shall adopt standards for firing ranges to protect the health, safety
and general welfare of the inhabitants of the area surrounding the firing
range, together with adjoining property. One copy of said standards shall
be filed with the Town Clerk and one copy with the enforcement officer.
B.
Such standards may be modified or revised from time to time by the Town Board. The standards or any revisions thereto shall apply to all firing ranges licensed after the date of the adoption of said standards or revisions and to all firing ranges at such times as licenses are reissued, except as otherwise provided in Subsection C below.
C.
No firing range shall be established or operated except
in accordance with the requirements of the standards for firing ranges; provided,
however, that the Town Board, where it finds unusual circumstances of shape,
topography or other existing conditions or that an extraordinary hardship
may be incurred, may, if the public interest is to be best served, grant a
variance from any of said standards. No variance shall be granted which shall
have the effect of nullifying the intent or purpose of this chapter or the
Erie County Sanitary Code.
The firing range shall at all times be maintained in a clean and sanitary
manner in accordance with the regulations set forth in the standards for firing
ranges and with other requirements imposed as a condition of granting of the
license.
No new firing range shall be located in any Residential or B Business
District, within 2,500 feet of any residential district, church, cemetery
or school or in any location where in the opinion of the Town Board the establishment
of a firing range would be detrimental to the public interest and welfare.
A.
Before the firing range commences operation, the enforcement
officer shall make an inspection of the premises to determine that all requirements
of this chapter have been complied with.
B.
After the firing range has commenced operation, the enforcement
officer and all duly authorized officers of the State of New York, County
of Erie and Town of Marilla may at any reasonable hour enter upon the premises
to determine whether the requirements of this chapter and other applicable
laws, codes and regulations are being complied with.
If the enforcement officer, upon inspection, finds that said firing
range is not being maintained and conducted in accordance with the regulations
applicable to such firing range and the provisions of this chapter, he shall
serve upon the holder of such license or the person in charge an order in
writing directing that the conditions therein specified be remedied within
10 days after the service of such order. If after the expiration of such period,
such conditions are not corrected in accordance with the order of the enforcement
officer, the enforcement officer shall serve a notice in writing upon such
firing range owner or the person in charge requiring the holder of such license
to appear before the Town Board of the Town of Marilla at the time to be specified
in such notice and show cause why the license should not be revoked. The Town
Board, after a hearing before it at which the testimony of witnesses of the
enforcement officer and the holder of the license shall be heard, may revoke
such license if the conditions described in the original order have not been
corrected in accordance with the terms of such order or if the holder of such
license has violated the regulations applicable to such firing ranges or has
violated any of the provisions of this or any other local law or for other
sufficient cause.
Any person who violates any provisions of this chapter shall be subject,
upon conviction, to a fine not of exceed $250 or imprisonment for a term not
to exceed 15 days, or both. In addition, a second conviction within one year
is subject to 14 days' suspension of all firing activities; and a third conviction
within one year is subject to license revocation. Every such day a violation
exists shall constitute a separate offense and shall be punishable as such
hereunder. Any imposition of any penalty or violation of this chapter shall
not excuse the violation or permit it to continue.
