[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville 4-1-1973 as Art. 10 of the 1973 General Ordinance.
Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 154.
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, slingshot, c/o2
gun, air gun, BB gun or any other device which emits a projectile with a force
other than an explosion.
No person shall:
A.
Carry, point, aim, discharge or otherwise use any firearm
or weapon in the open air within the corporate limits of the Village;
B.
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; or
C.
Willfully or negligently discharge in the open air any
firearm or weapon in such manner as to endanger a person, dog or other domestic
animal or property or game protected by the wildlife laws of the state, notwithstanding
that no injury ensues.
Subject to the restrictions of state law, the foregoing provisions of Subsections A and B of § 115-2 shall not apply to:
A.
A police officer acting in the discharge of his duties.
B.
The owner or lessee of a parcel of land or any of his
immediate family, employees or guests who have permission from said owner
or lessee to use a firearm or weapon on said parcel for recreation or the
hunting of game, provided that any guest not accompanied by the owner, lessee
or a member of the immediate family or an employee of the owner or lessee
shall have on his person a written permit dated within one year of its use
from said owner or lessee to use any firearm or weapon on said parcel of land,
and provided, further, that no discharge of said firearm or weapon shall be
done in a reckless or negligent manner or across a public highway or lane
or across the property of another.
C.
The owner or lessee of property, or any of his immediate
family, employees or guests, engaged in the sport of skeet or trap shooting
between the hours of 9:00 a.m. and sunset and under such circumstances as
not to endanger person or property. In the case of discharge of shotguns by
more than 12 persons who intend to engage in such sport, the owner or lessee
shall apply for and obtain a permit to be issued by the Board of Trustees
of said Village, which permit shall not be issued unless and until the Police
Department operating in the Village shall have approved the issuance of such
permit after inspection of the proposed premises to be used for said sport.
D.
Any owner or lessee when reasonably necessary for the
protection of life or property, or both, or in the act of self-defense.
