[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.
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:
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.
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.
A.
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.
B.
Any legal weapon so surrendered shall be returned
to such person upon his or her departure from the public property.
A.
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.
B.
Nothing contained in this article shall be deemed
to prohibit the possession of any weapon, otherwise lawful, except
under the circumstances herein specified.
