[HISTORY: Adopted by the Town Board of the Town of Wheatfield 7-19-1993
by L.L. No. 5-1993 amended in its entirety 7-15-2002
by L.L. No. 6-2002. Subsequent amendments noted where applicable.]
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:
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.
Any type device for propelling an arrow and as further defined in
the NYS DEC regulations for bows, which include long, compound and recurve.
Any type rifle, shotgun, handgun or other device which uses an explosive
charge to propel a missile, or missiles, through the barrel.
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.
A rifle as defined in § 265.00-11 of the New York Penal
Law.
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:[1].
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.
[1]
Editor's Note: See also the map of firearms discharge areas on file
in the Town's offices.
A.
For that total area within the Town of Wheatfield, including
FDAs A, B and C, all persons, firms, associations and/or corporations are
hereby prohibited from:
C.
D.
For FDA C:
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.[1]
[1]
Editor's Note: Former Subsection E, concerning an exemption for nuisance
wildlife control, which immediately followed this subsection, was deleted
11-13-2006 by L.L. No. 6-2006.
A.
Firearms Permit Review Board (FPRB).
(1)
A firearms discharge review committee, consisting of
from five to seven members, shall be appointed by the Town Board. Members
shall serve on a biannual basis, and members shall remain until either replaced
or they resign. Each member shall;
(2)
It shall be known as the Firearms Permit Review Board
(FPRB). Two of its members shall be appointed as Chairman and Secretary by
the Town Board, and all succeeding FPRB members shall be by recommendation
from the existing FPRB to the Town Board.
(3)
The functions of the FPRB shall be as follows:
(b)
Review all recommendations, complaints, or charges regarding
firearms discharge or use of archery afield within the Town of Wheatfield
and make recommendations to the Town Board for any action(s), if any, the
FPRB considers appropriate.
(c)
Make recommendations to the Town Board concerning firearms
discharge and use of archery afield within the Town of Wheatfield for any
actions the FPRB considers appropriate.
B.
Any person, firm, association, or corporation with primary residence or a landowner in the Town of Wheatfield may make written application for a permit to exempt them from one or several provisions of this chapter. Application forms shall be provided according to § 98-6C.
C.
Permit applications and procedures.
(1)
Permit applications, including an instruction sheet,
FDA Area Map, and other forms as might become necessary, will be provided
to applicants by the FPRB. Applications must include the following information:
(a)
Name(s) and age(s) of the person(s) requesting permit.
(b)
Legal resident address for each person and the length
of time residing at that address.
(c)
Specific activity(s) and supporting background data for
which each permit is requested.
(d)
If requested by the FPRB or Town Board, description of
the area(s) where such activity(s) shall take place and include a map showing
appropriate data for the area(s) requested.
(e)
If requested by the FPRB and/or Town Board, applicant
tenant residents must provide a letter of permission from the landowner.
(f)
Other procedures, data, and descriptions as might be
deemed appropriate by either the applicant(s), FPRB, or the Town Board.
(g)
Failure to provide required or other requested pertinent
information shall be considered grounds for denial of permit.
(2)
Applications for firearms discharge permits (FDP) will
be reviewed by the FPRB for evaluation and investigation. Upon completion
of this initial process, the FPRB will then make recommendations to the Town
Board for either approval, denial or other action(s).
(3)
The FPRB and the Town Board will act upon and complete
the FDP procedure within 60 days of receiving each application.
(5)
FDPs issued under the provisions of this chapter will
expire at the end of the month two years from the date of issue.
(6)
There shall be a five-dollar fee for each permit application,
new or renewal, payable at the time that each application(s) is submitted.
This fee is nonrefundable.
(7)
Redress of a denied permit may be initiated 30 days after
the date of denial.
(8)
All FDPs may be renewed, by application within 30 days
of their expiration, by the FPRB without action by the Town Board, provided
that all information stated on the original FDP application remains the same.
The FPRB will notify the Town Board of all renewed FDPs.
[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.
