[HISTORY: Adopted by the Town Board of the Town of Salina: Art. I, 11-26-1973 by L.L. No. 1-1973; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
[Adopted 11-26-1973 by L.L. No. 1-1973]
The Town Board of the Town of Salina, being fully cognizant that considerable damage has been done to the property of the residents of the Town of Salina and being also aware that, because of the limited confines of areas within the Town of Salina and the close proximity thereto of residents and other structures and property inhabited and used by residents of the town, the use of firearms in the town is a matter affecting the public health, safety and welfare, which should be subject to control by the Town of Salina, intends by the enactment of this article to regulate the discharge of firearms within the Town of Salina.
As used in this article, the following terms shall have the meanings indicated:
- Any pistol, revolver, rifle, shotgun, air gun or bow and arrow which discharges a bullet, cartridge, shell, shot, arrow, bolt or other missile propelled by the burning or explosion of gunpowder, by high pressure from pumping or other means, by a spring which is set by a cocking operation or by application and release of tension or pressure to a bowstring attached to such weapon or instrument.
No person shall, except in self-defense and when reasonably necessary for the protection of life or property, fire or discharge or cause to be fired or discharged any pistol, rifle, shotgun, longbow or any other type of firearm within the boundaries of the Town of Salina.
The prohibitions contained in this article shall not apply to any officer of the law while engaged in the protection of the safety of the people of the State of New York, nor shall they apply to a member or guest of a gun club engaged in any shooting upon such gun club premises which, except for this article, is permitted by law.
A violation of this article is an offense punishable as provided in Chapter 1, Article II, General Penalty. Each continued violation shall constitute a separate additional violation.
Nothing contained in § 118-5 of this article shall prevent the Town Board of the Town of Salina from maintaining an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any of the provisions of this article or any rule or regulation promulgated hereunder.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Board of the Town of Salina, in order to assure the proper protection, health, safety and welfare of persons lawfully in the public buildings of the Town of Salina and in order to ensure the performance of essential governmental functions by town employees without threat or intimidation to such employees or others, finds it to be in the public interest to prohibit the possession of any weapon in certain public buildings of the Town of Salina.
When used in this article, the following words and phrases shall have the meanings herein ascribed to them:
- CARRY or DISPLAY
- The possession or transport by any person of a weapon as hereinafter defined, except where such possession or transportation is consistent with the purpose(s) of an authorized activity or function at the specific town building where such possession occurs.
- Any person except a police officer or peace officer as designated in § 2.10 of the Criminal Procedures Law.
- PUBLIC BUILDING
- Any buildings or real property owned, occupied, leased or operated by the Town of Salina.
- Any firearms, electronic dart gun, gravity knife, switchblade knife, cane sword, bully blackjack, bludgeon, metal knuckles, chuka stick, sandbag, skirken, sand club, slungshot, dagger, dangerous knife, dirk, razor stiletto, imitation pistol, slingshot or any other weapon as defined in § 265 of the Penal Law.
No person shall carry or display any weapon in any public property.
No person who carries or displays a weapon in or on any public property shall refuse to surrender such weapon at the request of any police officer, sheriff, deputy sheriff or court bailiff.
Any legal weapon so surrendered shall be returned to such person upon his or her departure from the public property.
Nothing contained in this article shall be deemed to authorize the possession of any weapon, the possession of which is made unlawful by any other law, statute, ordinance or resolution.
Nothing contained in this article shall be deemed to prohibit the possession of any weapon, otherwise lawful, except under the circumstances herein specified.