This chapter shall be known as an "Ordinance Regulating the
Discharge of Firearms in the Town of Smithtown."
The following definitions shall govern the interpretation of
this chapter unless otherwise expressly defined herein:
FIREARM
Includes a weapon which acts by the force of gunpowder or
from which a shot is discharged by the force of an explosion, as well
as an air rifle, an air gun, a BB gun, a slingshot and a bow and arrow.
[Amended 1-9-1990]
TOWN
Includes all areas within the Town of Smithtown, exclusive
of areas wholly within any incorporated village.
The purpose of this chapter is to prohibit any person from discharging
a firearm in those areas of the Town of Smithtown in which such activity
may be hazardous to the general public or nearby residents.
[Amended 12-4-1973]
The discharge of firearms is deemed hazardous to the general public and, therefore, prohibited in all areas of the Town of Smithtown except those areas as stipulated under §
160-5, Exceptions.
[Added 10-29-1968; amended 12-4-1973]
A. Firearms may be discharged upon one’s own property and upon
the property of another with the written consent of the landowner,
provided that any such discharge of firearms does not occur within
500 feet from a dwelling, school or occupied structure, or a park,
beach, playground or any other place of outdoor recreational or nonrecreational
activities; and further provided that any such discharge of firearms
does not violate the provisions of the New York State Environmental
Conservation Law.
[Amended 1-9-1990; 4-3-2012]
B. Firearms may be discharged on the Nissequogue River only in the area
defined as being within 50 feet of the high-water mark of the west
bank and northward to Long Island Sound from a line formed by the
westerly extension of the southerly boundary line of the Village of
Nissequogue to the west bank.
Each area designated as a locality, wherein the discharge of
a firearm is deemed prohibited, shall be posted with no fewer than
two signs giving notice of such prohibition.
[Amended 1-9-1990]
Any person, firm, association or corporation violating any of
the provisions of this chapter shall be guilty of an offense punishable
by a fine or imprisonment, or both. However, for the purpose of confirming
jurisdiction upon courts and judicial officers, such violation shall
be deemed to be a misdemeanor, and for such purposes only all provisions
of law relating to misdemeanors shall apply to such violation. Notwithstanding
the foregoing, any person, firm, association or corporation violating
any provision of this chapter shall be subject to a penalty in a sum
not exceeding $250 for the first such violation and in a sum not exceeding
$500 for any subsequent violation, said penalties to be in addition
to any other damages that may be recovered by the Town of Smithtown
in any court of competent jurisdiction.