This chapter is not intended, in any manner, to deny, misconstrue, nullify
or contradict, in part or in whole, citizens' rights as given, defined and
protected by the Second Amendment of the Bill of Rights of the United States
Constitution.
This chapter will use and include the following terms and definitions:
AFIELD
More than 500 feet from any occupied building, dwelling or structure
in use, unless you own it, and as further defined by the NYS DEC regulations
for discharge of firearms and bows.
ARCHERY
Any type device for propelling an arrow and as further defined in
the NYS DEC regulations for bows, which include long, compound and recurve.
FIREARM
Any type rifle, shotgun, handgun or other device which uses an explosive
charge to propel a missile, or missiles, through the barrel.
LOADED
In personal possession afield of both firearm and ammunition, whether
separate or together, so that the possessed ammunition can be chambered and
fired in such gun.
RIFLE
A rifle as defined in § 265.00-11 of the New York Penal
Law.
SHOTGUN
A shotgun as defined in § 265.00-12 of the New York Penal
Law.
For the purposes of this chapter, the Town of Wheatfield shall be divided
into separate designated areas, which shall be known as Firearms Discharge
Areas (FDA). All firearms discharge and use of archery afield within these
areas must be in accordance with federal, New York State, and local laws.
These FDAs shall be defined as below:.
A. FDA A. That total area within the Town of Wheatfield
north of the Niagara Falls Boulevard (U.S. Route 62), excluding that area
with an east boundary of Ward Road (NYS 429), starting at the Niagara Falls
Boulevard then north to Niagara Road, then westward back again to the Niagara
Falls Boulevard.
B. FDA B. That total west area within the Town of Wheatfield
with an east boundary of Ward Road (NYS 429), starting south at the Town line,
then north to Stenzle Avenue, then west to Witmer Road, then north to the
Niagara Falls Boulevard, then east to Ward Road, then north to Niagara Road,
then west to the Niagara Falls Boulevard and continuing west to the Town line.
C. FDA C. That total area within the Town of Wheatfield
south of the Niagara Falls Boulevard (U.S. Route 62), with a west boundary
of Ward Road (NYS 429), starting south at the Town line, then north to Stenzle
Avenue, then west to Witmer Road, then north to Niagara Falls Boulevard and
continuing east to the Town line.
This chapter shall not apply to:
A. Any person, firm, association, or corporation exempted by the Town Board in accordance with this chapter by the issuance of a permit according to §
98-6.
B. Police officers, peace officers or other legal authority
engaged in the performance of their duties.
C. Any persons or persons acting in accordance with Article
35 of the New York Penal Code.
D. A person, firm, association or corporation operating
or utilizing a firearm range approved by the Town Board in accordance with
this chapter, while on or at said range.
[Amended 7-15-2002 by L.L. No. 9-2002]
Any violation of the provisions of this chapter shall be deemed an unclassified
misdemeanor and subject to imprisonment of not more than six months in jail
and a fine of not more than $1,000.