[HISTORY: Adopted by the Town Board of the Town of Greece 3-15-1994 by L.L. No. 1-1994. Amendments noted where applicable.]108a Attachment 1
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.
- BRADDOCK BAY FISH AND WILDLIFE MANAGEMENT AREA
- 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.
- DISPLAY FIREWORKS
- 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.
- FIREARM or GUN
- 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.
- FIREWORKS DISPLAY
- A presentation of fireworks for viewing at a public or private gathering.
- MUZZLE-LOADING FIREARM
- 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.
- PRIVATE DISPLAY
- A presentation of fireworks not intended for public viewing; intended for a limited number of persons.
- PUBLIC DISPLAY
- 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.
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]
No person shall discharge, except in self-defense, a firearm within the boundaries of the Town of Greece, except as provided for below.
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).
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.
Hunting as allowed by DEC in the Management Areas. No rifle or handgun hunting allowed.
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:
Whether the firearm to be discharged is an antique weapon or shotgun.
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.
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.
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.
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]
Private display of fireworks. Private displays of fireworks are not allowed in the Town of Greece.
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.
Permit for explosives for industrial use; permit required.
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.
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.