City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Yonkers 5-26-1953 by G.O. No. 17-1953. Amendments noted where applicable.]
It shall be unlawful for any person to sell, offer to sell or have in his possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air, except that the sale of such instruments, if accompanied by delivery to a point without the City, and possession for such purpose shall not be unlawful if such person shall have secured an annual license from the Police Commissioner of the City of Yonkers authorizing such sale and possession.
All persons dealing in such instruments referred to in this chapter shall keep a record showing the name and address of each person purchasing such instrument or instruments, together with the place of delivery, and said record shall be open to inspection during regular business hours by the officers of the Police Department of the City.
The Police Commissioner is hereby authorized to issue, in his discretion, upon payment of a license fee in the amount of $10, an annual license authorizing the sale and possession of such instruments for delivery to a point without the City.
[Added 1-11-1966 by G.O. No. 1-1966]
The Police Commissioner may also issue a permit for a spring-, gas- or air-operated pistol to any person who holds a current New York State pistol permit. Said pellet gun shall be registered in the same manner as all other pistols, and the cost for said permit shall be $1.
[Added 9-26-1959 by G.O. No. 39-1959]
The firing of a gun or pistol or any other firearm in the City shall be prohibited.
[Added 1-12-1971 by G.O. No. 1-1971]
A. 
It shall be unlawful for any person to carry or possess a loaded rifle or shotgun, as those terms are defined in Penal Law § 265.00, in public within the City limits. Any violation of this subsection shall constitute a Class I offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
It shall be unlawful for any person to carry or possess an unloaded rifle or shotgun, as those terms are defined in Penal Law § 265.00, in public within the City limits unless such rifle or shotgun is completely enclosed or contained in a nontransparent carrying case or a cover. Any violation of this subsection shall constitute a Class II offense.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
The above provisions shall not apply to persons in the military service of the State of New York, when duly authorized by regulations issued by the Chief of Staff to the Governor to possess the same, or to peace officers, as defined in § 1.20, Subdivision 33, of the Criminal Procedure Law, or to participants in special events when authorized by the Police Commissioner.
D. 
The above provisions shall not apply to persons possessing or carrying a rifle or shotgun at a rifle range for which a license has been obtained from the Police Commissioner or to persons possessing or carrying a rifle or shotgun on their own premises.
[Added 4-14-1994 by G.O. No. 7-1994; amended 10-13-2015 by L.L. No. 21-2015]
A. 
The City Council finds and declares that there exists a danger to life, person and property in the City of Yonkers, especially on City-owned and -operated property and in the City public schools, with the possession and/or use of guns, firearms and weapons or attachments to electronic devices which are a replica of and cannot be easily distinguished from actual guns, firearms and weapons. The possession and, at times, use by simply displaying one of these imitation and/or inoperable guns, firearms and weapons or attachments to electronic devices has caused damage to life, limb and property in the City of Yonkers since the Penal Law of the State of New York does not extend its coverage to this area. Through the exercise of the police power granted to municipal governments and in order to afford the residents of the City of Yonkers greater safety and to protect their general welfare from individuals, both adults and juveniles are prohibited from using imitation, toy and inoperable pistols, revolvers, guns and other weapons or attachments to electronic devices of any type that may be readily mistaken for real guns, pistols, revolvers or weapons which are used or could be usable for nefarious purposes or as threats or potential threats to life, limb and property.
B. 
This section is not intended to forbid or restrict the sale, possession or use of true and actual toy pistols, guns, revolvers or other weapons or attachments to electronic devices, provided that the same are not substantial duplicates of actual pistols, guns, revolvers or weapons in appearance.
C. 
It shall be unlawful for any person to possess or use or attempt to use any imitation, toy or inoperable pistol, revolver, gun, firearm or any other weapon or attachments to electronic devices which substantially duplicates an actual pistol, revolver, gun, firearm or other weapon unless said imitation, toy or inoperable item or instrument shall be colored in colors other than blue, black, grays, silver or aluminum, or is marked with a nonremovable orange stripe which is at least one inch in width and runs the entire length of the barrel on each side and the front end of the barrel and along and around the handle of the gun, and further provided, if resembling a gun or other firearm, that the barrel of said item shall be closed with the same material of which the item itself is made for a distance of not less than 1/2 inch from the front end of the barrel of said item.
D. 
The provisions of Subsection C shall not apply to possession or display of such an instrument by a licensed manufacturer or dealer of the same, used solely in connection with his or her business. Further, any said instrumentalities used in theatrical productions licensed in advance by the City of Yonkers shall also be exempted when possessed, displayed and used in connection with said licensed theatrical productions.
E. 
No person shall sell an attachment to an electronic device which substantially duplicates an actual pistol, revolver, gun, firearm or other weapon as described herein, unless the person making the purchase is over the age of 18. No person under the age of 18 shall own or possess attachment to an electronic device which substantially duplicates an actual pistol, revolver, gun, firearm or other weapon as described herein.
F. 
If any clause, sentence, paragraph, subdivision, section, or part of this section or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this section, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
G. 
Any violation of this section shall constitute a Class I offense.
[Added 4-28-2004 by G.O. No. 3-2004]
A. 
It shall be unlawful for any person to carry or possess a crossbow of any type, configuration or manufacture in public anywhere in the City of Yonkers. It shall be unlawful for any person to carry or possess any recurve bow or compound bow with a draw weight exceeding 35 pounds in a public place anywhere in the City of Yonkers.
B. 
The above provision shall not apply to persons carrying a longbow. The above provision shall not apply to persons carrying or possessing recurve bows or compound bows in a carrying case or carrying or possessing recurve bows or compound bows to, from, or at a firing range or competition where authorized or operated by the City of Yonkers or where such bow shooting is permitted. The above provision shall not apply to persons carrying or possessing a recurve or compound bow on their premises or private property.
[Added 3-25-2008 by G.O. No. 3-2008[1]]
For the purposes of this chapter, the terms listed below shall have the following meanings:
BOX CUTTER
Any device consisting of any sort of a razor, retractable or not, attached or affixed to any sort of handle whether plastic, metal or any other material.
CHUKA STICK
Any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, wire, rope or chain in such a manner as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict serious injury upon a person by striking or choking. These devices are also known as "nunchakus" and "centrifugal force sticks."
DANGEROUS KNIFE
Any fixed, non-butter or spread type cutlery-design, fixed blade knife, metal or plastic, with a blade length exceeding two inches or any folding knife with a blade length exceeding one inch in length or any device, metal or plastic, which has been designed, modified or adapted by the person(s) in possession of same, as a stabbing, cutting or slicing weapon; such modifications include but are not limited to modifications to the blade, handle, the use of a blade cover, guard or holster to aid in concealment during pocket or under cover carry or concealment by hanging about the neck, in footwear, in the mouth or in a body cavity.
GRAVITY KNIFE
Any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.
SCHOOL PREMISES
The buildings, grounds or facilities or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level, and any vehicle owned, operated or leased by such institutions which are used to transport such students or the personnel of such institutions.
SHURIKEN
A disc-like object with sharpened points or edges on the circumference thereof.
SWITCHBLADE KNIFE
Any knife which has a blade which opens automatically by hand pressure applied by a button, spring or other device in the handle of the knife.
[1]
Editor's Note: This ordinance repealed former § 74-9, Penalties for offenses, as amended.
[Added 3-25-2008 by G.O. No. 3-2008]
A. 
No person, firm or corporation within the City of Yonkers shall sell to a consumer under the age of 18 years any box cutter.
B. 
No person, firm or corporation within the City of Yonkers engaged in the sale of box cutters shall store or display box cutters unless such items are contained within a sealed and locked case, or are located behind the service counter, or in any other manner which restricts easy access to box cutters by their customers and/or the general public.
C. 
It shall be unlawful for any person to possess any sword; machete; ax; hatchet; bayonet; dagger; single, double or straight razor; stun gun or stun device; pepper spray; mace spray or other noxious chemical; switchblade; gravity knife; butterfly knife; ring knife; key knife; buckle knife; card knife; neck or necklace knife; push dagger; finger hole knife; comb or brush knife; pen knife; cigarette lighter knife; lipstick knife; car remote knife; clip knife; coin knife; kubotan knife; dangerous knife; knife with a blade exceeding two inches in length; dirk; box cutter; stiletto; plastic folding knife; plastic dagger or plastic razor; spike; awl; ice pick; chain; cable; wire; metal or plastic knuckles; shuriken; chuka stick; bludgeon; baton; or bludgeoning device; imitation pistol or bullets or ammunition or explosives, whether live or inactive, of any sort; or any other device or instrumentality which is being carried and/or has been designed, modified, or adapted for use primarily as a weapon, while on school premises; provided further that nothing in this subsection shall preclude the use of a box cutter, chain, cable or wire on school premises by any person as long as such a person is performing work on such premises during the course of his or her employment or any preapproved lawful school activity sanctioned by the principal or any preapproved and lawful activity sanctioned directly by the principal.
[Amended 1-17-2017 by G.O. No. 2-2017]
D. 
A violation of the provisions of this section shall be punishable as a Class 1 offense.
E. 
It shall be unlawful for any person under the age of 18 years to possess any sword; machete; ax; hatchet; bayonet; dagger; single, double or straight razor; stun gun or stun device; pepper spray; mace spray or other noxious chemical; switchblade; gravity knife; butterfly knife; ring knife; key knife; buckle knife; card knife; neck or necklace knife; push dagger; finger hole knife; comb or brush knife; pen knife; cigarette lighter knife; lipstick knife; car remote knife; clip knife; coin knife; kubotan knife; dangerous knife; knife with a blade exceeding two inches in length; dirk; box cutter; stiletto; plastic folding knife; plastic dagger or plastic razor; spike; awl; ice pick; chain; cable; wire; metal or plastic knuckles; shuriken; chuka stick; bludgeon; baton; or bludgeoning device; imitation pistol or any other device or instrumentality which is being carried and/or has been designed, modified, or adapted for use primarily as a weapon, or bullets or ammunition or explosives, whether live or inactive, while on any street, sidewalk, roadway, highway, park, store or any other public place premises; provided further that nothing in this subsection shall preclude the use of a box cutter, chain, cable or wire, or ice pick on any street, sidewalk, roadway, highway, park, store or any other public place premises, except for school premises, by any person under the age of 18 years old as long as such a person is or intends to use such item during the course of his or her employment or lawful youth organization activity; provided further nothing in this subsection shall preclude the use of a box cutter, chain, cable or wire, or ice pick on school premises in accordance with § 74-10C.
[Added 6-13-2017 by G.O. No. 10-2017]
[Added 4-28-2004 by G.O. No. 3-2004; amended 3-25-2008 by G.O. No. 3-2008]
If any provision or portion of a provision of this ordinance is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated.