Village of Shortsville, NY Chapter 46 Firearms

[HISTORY: Adopted by the Board of Trustees of the Village of Shortsville 1-8-2002 by L.L. No. 1-2002. Amendments noted where applicable.]

§ 46-1 Legislative intent.

The intent of the Board of Trustees in enacting this chapter is to implement regulations governing the use of firearms within the limits of the Village of Shortsville.

§ 46-2 Findings.

The Board of Trustees finds that it is necessary to provide for the safety of the residents of the Village of Shortsville by prohibiting any person from discharging any firearm within the limits of the Village of Shortsville.

§ 46-3 Applicability.

This chapter shall apply to all that area within the limits of the Village of Shortsville.

§ 46-4 Discharge restricted.

A. It shall be unlawful for any person to discharge any air gun, spring gun, cannon, rifle, gun, revolver, pistol cartridge cane, bow and arrow or firearm of any description within the limits of the Village except in the discharge of official duties.

B. Notwithstanding the provision of Subsection A, the Village Board of Trustees may permit the discharge of firearms upon an appropriate occasion of public ceremony, provided that the following conditions are complied with:

(1) Application is made in writing to the Village Board of Trustees at least seven days before the proposed use of firearms showing that a responsible adult will be in charge of the proposed use of firearms and further showing that precautionary measures for the protection of the public, which are sufficient in the judgment of the Village Board of Trustees, will be taken by the applicant.

(2) A bond, with sureties satisfactory to the Village Board of Trustees, shall be filed with the application before the proposed use of firearms, in an amount satisfactory to the Village Board of Trustees, conditioned for the payment of any and all damages to any person or to any property caused by the proposed use of firearms; provided, however, that the Village Board of Trustees may, in its discretion, dispense with the posting of any such bond in the case of the firing of memorial salutes with rifles loaded with blank cartridges by any veterans' organization.

§ 46-5 Carrying of loaded weapon.

No person shall carry any loaded air gun, spring gun, rifle, gun, revolver, pistol cartridge cane or firearm of any description upon any public street or public place within the Village of Shortsville as defined by § 240.00 of the Penal Law of the State of New York, except in the discharge of official duties.

§ 46-6 Penalties for offenses.

A. Criminal penalty. Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, General Provisions, Article II, General Penalty.

B. Civil penalties.

(1) Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.

(2) Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this chapter nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.

C. The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.