[HISTORY: Adopted by the Town Board of the
Town of Greece 3-15-1994 by L.L. No. 1-1994. Amendments noted where
applicable.]
It is the purpose of this chapter to preserve
and promote the health, safety, morals and general welfare of the
inhabitants of the Town of Greece.
[Amended 8-17-2010 by L.L. No. 5-2010]
As used in this chapter, the following terms shall have the
meanings indicated:
Any implement which, by the force of a spring, air or other
nonignited compressed gas, expels a missile or projectile and has
a rifled or smooth barrel, using ammunition no smaller than 0.17 caliber,
producing projectile velocities of not less than 600 feet per second.
For the purposes of the Fish and Wildlife Law, an implement meeting
the above specifications shall be considered a firearm or gun, and
may be used to take protected wildlife whenever such protected wildlife
may legally be taken with a rimfire rifle.
The areas referred to as Rose Marsh, Braddock Bay, Cranberry Pond, Long Pond and Buck Pond, which are so described and shown on a map published by the New York State Department of Environmental Conservation in its 1988 Braddock Bay Fish and Wildlife Management Area brochure. A copy of said map is included at the end of this chapter, marked Exhibit A.[1]
Fireworks devices that contain explosive materials intended
for use in fireworks displays and designed to produce visible or audible
effects by combustion, deflagration, or detonation.
Fireworks, gunpowder, powders used for blasting, high explosives,
blasting materials, detonating fuses, detonators and other detonating
agents, smokeless powder and any chemical compound or any mechanical
mixture containing any oxidizing and combustible units or other ingredients
in such proportions, quantities or packing that ignition by fire,
friction, concussion, percussion or detonation of any part thereof
may and is intended to cause an explosion, but shall not include gasoline,
kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, benzol
and all quantities of black powder not exceeding five pounds for use
in firing of antique firearms or artifacts or replicas thereof, safety
fuses and matches.
Any rifle, pistol, shotgun or muzzle-loading firearm, airgun
(as defined herein) or other instrument which, by force of gunpowder,
or other explosive, expels a missile or projectile capable of killing,
wounding or otherwise inflicting physical damage upon fish, wildlife
or other animals.
A presentation of fireworks for viewing at a public or private
gathering.
A gun which is loaded through the muzzle, shooting a single
projectile and having a minimum bore of 0.44 inch.
A firearm intended to be aimed and fired with one hand, and
having a barrel length not exceeding 16 inches.
A presentation of fireworks not intended for public viewing;
intended for a limited number of persons.
Mass gathering of citizens to view a fireworks display.
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed metallic cartridge
to fire only a single projectile through a rifled bore for each single
pull of the trigger.
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
[Amended 5-16-2006 by L.L. No. 4-2006; 8-17-2010 by L.L. No.
5-2010]
A.
No person shall discharge, except in self-defense,
a firearm within the boundaries of the Town of Greece, except as provided
for below.
B.
Hunting may be allowed with a valid hunting license
and/or permit in the areas set forth below; however, no person shall
discharge a firearm or long bow within 500 feet from a dwelling house,
farm building or farm structure actually occupied or used, school
building, school playground, or occupied factory or church, pursuant
to New York State Environmental Conservation Law § 11-0931,
Subdivision 4a(2).
(1)
Hunting is allowed in the following area: starting
from a point 1,000 feet north of the Gates town line and 1,000 feet
west of Elmgrove Road, continuing north 1,000 feet west of North Greece
Road to a point where North Greece Road and Hincher Road intersect,
then east following the DEC Management Area to a point 1,000 feet
west of the Lake Ontario State Parkway, continuing west along the
Lake Ontario State Parkway to a point 1,000 feet east of Payne Beach
Road, then south along Payne Beach Road and Manitou Road, southerly
down Manitou Road to a point 1,000 feet north of the Gates town line,
then east to the starting point. Hunting is allowed with a bow and
arrow and/or shotgun with birdshot.
C.
No hunting
is allowed on Round Pond.
[Amended 8-17-2010 by L.L. No. 5-2010]
No person or persons shall, within the Town of Greece, discharge
firearms as specified above without a permit granted within the sole
discretion of the Greece Police Department, considering the following
conditions:
A.
Whether the firearm to be discharged is an antique
weapon or shotgun.
B.
The proposed area in which the discharge may be permitted
shall be considered, the times and dates of the discharge, the experience
of the person discharging the firearm, the record and character of
the person to whom the permit shall be issued, the types of weapons
to be discharged, the purpose of discharging the weapon and the danger
to persons and property within the Town of Greece by reason of the
discharge of the particular weapon in the requested area during the
times and dates applied for.
C.
The special permit shall be issued only at the request
of the owner of the property upon which the firearm will be discharged
and shall specify the time, the firearm, the person or persons who
are permitted to discharge the firearm, the permitted area of discharge
and the times and dates of the permitted discharge.
D.
The Greece Police Department may issue the above-specified
permit upon the satisfactory compliance with the above conditions
and any other conditions that may be prescribed from time to time
by the Greece Town Board.
E.
Said permit may contain conditions that in the opinion
of the Greece Police Department or the Town Board are necessary for
the health, safety or welfare of the inhabitants of the Town and their
property.
[Added 5-16-2006 by L.L. No. 4-2006;
amended 8-17-2010 by L.L. No. 5-2010]
A.
Private
display of fireworks. Private displays of fireworks are not allowed
in the Town of Greece.
B.
Public display of fireworks; permit required. Permits for public displays of fireworks shall be obtained from the Greece Town Board upon proper application made pursuant to Article 405 of the Penal Law. The permitting authority as defined in Article 405 of the Penal Law shall be the Town of Greece Fire Marshal or the Town of Greece Department of Technical Services in accordance with, and pursuant to, the applicable provisions of the laws, rules, and regulations of the New York State Fire Prevention and Building Code, the National Fire Protection Association Standards 1123 and 1126, General Business Law Article 28-D, and 12 NYCRR Part 61. All permits for public displays of fireworks shall be issued through the Technical Services Department in accordance with the above laws, rules and regulations. This permit shall be valid only for a specific event. The permit holder shall also provide proof of liability insurance in effect at least five days in advance of the display, except as prohibited under Subsection A. This permit shall only be issued to entities allowed pursuant to 12 NYCRR Part 61. The permit holder shall comply with all requirements set forth within the permit application issued by the Fire Marshal or Technical Services Department.
C.
Permit
for explosives for industrial use; permit required.
(1)
Permits
for explosives for industrial use shall be obtained from the Greece
Town Board upon proper application made pursuant to law. The permitting
authority for the industrial use of explosives shall be the Town of
Greece Fire Marshal or the Town of Greece Department of Technical
Services. Any permit issued hereunder shall be site-specific and valid
for the duration of the project. The permit holder shall notify the
Town of Greece Fire Marshal or Town of Greece Department of Technical
Services of the blast site and provide proof of liability insurance
in effect at least five business days in advance of each blast. This
permit shall only be issued to persons duly trained and licensed by
the appropriate licensing agency of the appropriate municipality.
The permit holder shall comply with all requirements set forth within
the permit application issued by the Fire Marshal or Technical Services
Department.
(2)
The
application for the above permits shall be in a form acceptable to
the Town of Greece Department of Technical Services, and be in compliance
with this chapter and pursuant to the applicable provisions of Article
405 of the Penal Law, the New York State Fire Prevention and Building
Code, the National Fire Protection Association Standards 1123 and
1126, General Business Law Article 28-D and 12 NYCRR Part 61. Such
application shall contain such other factual information and insurance
information as the Fire Marshal or Department of Technical Services
may deem necessary to protect the health, safety or welfare of persons
or their property.
[Amended 4-21-2009 by L.L. No. 1-2009;
amended 8-17-2010 by L.L. No. 5-2010]
Any granting, denial, rescission, withholding
or revocation of a permit by the Greece Police Department or the Town
of Greece Technical Services Department in accordance with this chapter
may be appealed to the Greece Town Board. The appeal must be filed
within 10 days of the action of the Greece Police Department, the
Town of Greece Technical Services Department or other agencies in
granting, denying, rescinding, withholding or revoking the permit.
Such appeal shall be in writing and shall specify the grounds of appeal
and shall be served on the Greece Town Clerk.
All police officers and peace officers in performance
of duty within the Town of Greece shall enforce the provisions of
this chapter.
The provisions of this chapter shall not apply
to any police officer or peace officer while engaged in the performance
of his or her duties.
[Amended 4-21-2009 by L.L. No. 1-2009]
Any person, firm or corporation violating any
provisions of this chapter shall be guilty of a misdemeanor, subject
to a fine of not less than $10 nor more than $250 or to imprisonment
of not less than one day nor more than six months, or both. In addition,
any and all persons, firms and corporations who or which violate any
permit granted hereunder or permit the violation of any of the provisions
of this chapter and any permit granted under this chapter shall be
subject to the above fines and penalties. In addition, any such permit
may be rescinded, withheld or revoked at the discretion of the Town
Board of the Town of Greece or its designee, or any other authorized
agency, including but not limited to the New York State Department
of Environmental Conservation (ENCON). The imposition of all penalties
for any violation of this chapter shall not excuse the violation or
permit it to continue. The application of the above penalties or the
prosecution of the violation of the provisions of this chapter shall
not be held to prevent the enforcement of this chapter by other action.
[Added 8-17-2010 by L.L. No. 5-2010]
If any clause, sentence, paragraph, section, article or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
[Added 8-17-2010 by L.L. No. 5-2010]
This chapter shall take effect immediately.
