[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]
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]
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:
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.
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."
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.
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.
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.
A disc-like object with sharpened points or edges on the
circumference thereof.
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.
