[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck 8-6-1954 as Ord. No. 11; amended in its entirety 6-9-1992 by L.L. No. 3-1992. Subsequent amendments noted where applicable.]
Trapping — See Ch. 118.
As used in this chapter, the following terms shall have the meanings indicated:
- A shotgun, rifle, revolver, pistol or any other device which emits a projectile by the force of an explosion.
- A bow and arrow, crossbow, blow gun, sling shot, CO2 gun, air gun, BB gun or any other device which emits a projectile with a force other than an explosion.
No person shall carry any firearm or weapon in the open air within the corporate limits of the village unless said firearm or weapon is contained in a case or sleeve designed for the protection of such firearm or weapon while being carried or transported, or in the box or carton in which such firearm or weapon was purchased at retail or in some other similar secure box, wrapping or enclosure.
No person shall point, aim, discharge or otherwise use any firearm or weapon within the corporate limits of the village.
No person shall cause a projectile or bullet emitted from any firearm or weapon to pass over property situated or lying within the corporate limits of the village.
Subject to the restriction of state law, the foregoing provisions of § 55-2 shall not apply to:
A police officer acting in discharge of his duties; or
Any person when reasonably necessary for the protection of life or property or both, or in the act of self-defense.
The owner of a parcel of land or their authorized agent to use a bow and arrow or crossbow on such parcel of land, and any adjoining parcel of land, if applicable, provided:
[Added 12-13-2016 by L.L. No. 2-2016]
The individual using the bow and arrow or crossbow holds a valid New York State Department of Environmental Conservation hunting license with a bow hunting privilege;
The land owner(s) is in possession of a valid New York State Department of Environmental Conservation deer damage permit;
The individual has, if applicable, obtained the prior written consent from any neighboring owner of land intended to be entered upon for the purpose of using a bow and arrow or crossbow pursuant to this section; and
The land owner(s) has filed the deer damage permit with the Village Clerk and a copy of the written consent from any neighboring landowner, if applicable.
Any police officer having reasonable cause to believe that a person is or has been violating any provision of this chapter may demand the surrender by such person of any firearm or weapon in the physical possession of such person, and if such firearm or weapon is not voluntarily surrendered pursuant to such demand, it may be taken from such person by the use of such force as may be reasonably necessary. If such person is charged with a violation of this chapter, the firearm or weapon so surrendered or taken shall be retained in the custody of the police until such charges are disposed of. Upon a dismissal of the charges or verdict of not guilty, the firearm or weapon shall be returned to such person. Upon any other disposition of the charges, the Board of Trustees may take such action with regard to such firearm or weapon as such Board may deem appropriate to protect public safety and welfare.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.