The title of this chapter shall be "Firearms
Law."
The purpose of this chapter is to preserve and
protect public and private property within the Village of Fairport,
provide for the general health, safety and welfare of Village inhabitants
and preserve the peace and good order in the Village of Fairport by
regulating the discharge of firearms in the Village of Fairport.
The following definitions shall apply to this
chapter:
FIREARM
Any pistol, revolver, shotgun, rifle, or air gun but shall
not mean a starter pistol used in an athletic event.
LAW ENFORCEMENT OFFICER
A member of the Fairport Police Department, Monroe County
Sheriffs Department, New York State Police or other law enforcement
officer authorized under the laws of the State of New York and/or
the United States of America.
PENAL LAW
The Penal Law of the State of New York, as amended.
VILLAGE BOARD
The Board of Trustees in and for the Village of Fairport.
It shall be unlawful for any person to discharge
a firearm within the Village of Fairport, except that this prohibition
shall not apply to the following:
A. Any law enforcement officer while engaged in the lawful
discharge of his duties.
B. The defense of one's person or property or the person
or property of another, provided that such discharge of a firearm
is permitted as a justified use of deadly physical force as provided
in the Penal Law.
C. The regulated use of a range for the discharge of
firearms operated and maintained by an organization duly organized
by law for such purposes, which has been approved by the Village Board.
D. Programs conducted by a public school, the Perinton
Recreation and Parks Department or persons certified by the National
Rifle Association and approved by the New York State Department of
Environmental Conservation offering instruction and training in the
use of firearms, which has been approved by the Village Board.
E. Discharge of a firearm, provided that such discharge
shall not propel any projectile, as part of a ceremony celebrating
a national holiday or other similar occasion.
Any violation of this chapter shall constitute
an offense punishable as follows:
A. A first conviction shall constitute a violation, as
defined in the Penal Law, and shall be subject to a fine of not less
than $50 nor more than $250.
B. A second conviction based upon an offense which occurs
within three years of a prior conviction shall constitute a Class
B misdemeanor, as defined in the Penal Law, and shall be subject to
a fine of not less than $150 nor more than $500 or by imprisonment
for no more than three months, or by both such fine and imprisonment.
C. A third conviction based upon an offense which occurs
within five years of a prior conviction shall constitute a Class A
misdemeanor, as defined in the Penal Law, and shall be subject to
a fine of not less than $300 nor more than $1,000 or by imprisonment
for a term of not more than one year imprisonment, or by both such
fine and imprisonment.