[HISTORY: Adopted by the Town Board of the
Town of Cicero as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 152.
[Derived from Ch. 65, Art. I, of the 1974
Compilation]
No person shall discharge any firearm, airgun,
spring gun or bow at any time, over land or water, within the confines
of the following described premises: in the hamlet of Brewerton in
the Town of Cicero bounded on the east by Interstate Route No. 81,
bounded on the south by Kathan Road, Washington Street and Young Road;
bounded on the west by the right-of-way of the Penn Central Railroad
Co.; bounded on the north by the shoreline of the Oneida River.
Any person who violates any provision of this
article shall be guilty of an offense, and upon conviction, shall
be punished by a fine of not more than $50 or by imprisonment for
not more than 60 days, or both.
[Adopted 2-6-1989 by L.L. No. 1-1989]
The Town Board, in order to assure the proper
protection, health, safety and welfare of persons lawfully in the
public buildings of the Town of Cicero, and in order to insure 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 carrying of any weapon
in certain public buildings of the Town of Cicero.
When used in this article, the following words
and phrases shall have the meanings herein ascribed to them:
Any structure located on public grounds.
[Amended 2-10-2016 by L.L. No. 1-2016]
Any real property owned, occupied, or operated by the Town
of Cicero, but not including the interior of a privately owned vehicle
temporarily and lawfully located in a roadway or parking area of such
real property owned, occupied, or operated by the Town of Cicero.
[Added 2-10-2016 by L.L.
No. 1-2016]
A deadly weapon or dangerous instrument, as such terms are
defined in subdivisions twelve and thirteen, respectively, of Section
10.00 of the New York Penal Law.
[Amended 2-10-2016 by L.L. No. 1-2016]
[1]
Editor’s Note: The definitions of "carry" and "person,"
which immediately preceded this definition, were deleted.
[Amended 2-10-2016 by L.L. No. 1-2016]
It shall be unlawful to possess a weapon in
a public building or upon public grounds.
[Amended 2-10-2016 by L.L. No. 1-2016]
A person who possesses a weapon in a public building or upon
public grounds shall surrender the same upon the request of any police
officer or peace officer, as such terms are defined in the New York
Criminal Procedure Law, or any other individual authorized by the
Town of Cicero to make such request. Surrendered weapons shall be
returned to the individual who surrendered them upon their departure
from the public building or public grounds provided that they may
be lawfully possessed by such individual.
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.
[Added 2-10-2016 by L.L.
No. 1-2016]
The provisions of this chapter shall not apply to:
A.
Persons in the military service of the State of New York when duly
authorized by regulations issued by the Adjutant General;
B.
Police officers, as defined in Subdivision 34 of § 1.20
of the New York Criminal Procedure Law;
C.
Peace officers as defined by Section 2.10 of the New York Criminal
Procedure Law;
D.
Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law, regulation,
or order;
E.
Individuals authorized by the Chief of Police, Supervisor, or a Justice
of the Town of Cicero.
[Added 4-27-2016 by L.L.
No. 5-2016]
A.
The provisions of § 105-5 shall not apply to the possession of weapons on public grounds during hunting seasons, as such are specified in the Environmental Conservation Law, provided that the following conditions are met:
(1)
Such possession is for the purpose of transit across public grounds
directly to a location where the individual who possess such weapon
or weapons may lawfully engage in hunting;
(2)
Such transit is continuous and uninterrupted;
(3)
In the case of a rifle or shotgun, the chamber or chambers of the
same are unloaded, or in the case of a bow or crossbow, no arrow or
bolt is nocked or loaded; and
(4)
The weapon or weapons are lawfully possessed and are of a type which
may be lawfully used for hunting.
B.
This section shall not be construed to permit hunting on public grounds.
