[HISTORY: Adopted by the Board of Trustees
of the Village of Fayetteville 6-22-2015 by L.L. No. 3-2015.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
75, Firearms, adopted 4-24-1972 as Section 12-4 of Art 1 of Ch. 12
of the Code of Ordinances (1972), as amended.
It is prohibited within the Village of Fayetteville for any
person to carry a firearm, shotgun, rifle, air gun, any bow or other
instrument that can discharge a projectile, when loaded, except in
the course of official duty or as otherwise permitted under the applicable
federal and state provisions, including, but not limited to, New York
State Penal Law. It is prohibited within the Village of Fayetteville
for any person to discharge, or cause to discharge, a firearm, shotgun,
rifle, air gun, any bow or other instrument that can discharge a projectile,
except in the course of official duty or self-defense, or as may be
otherwise permitted herein, or as otherwise permitted under the applicable
Federal and State provisions, including, but not limited to, New York
State Penal Law.
Notwithstanding the foregoing restrictions, the provisions in § 75-1 above shall not apply to actions taken by the Village of Fayetteville in furtherance of and in connection with the intended goals and objectives of the Village's deer management program(s), provided that such deer management actions are taken in accordance with and subject to the following terms and provisions:
A.
Such deer management actions may be taken by the Village of Fayetteville
and/or any agent or contractor of the Village, provided that the Village,
agent or contractor, as the case may be, takes such actions in accordance
with:
(1)
A currently valid contract executed by the Village and such agent
or contractor if such an agreement between the Village and such agent
or contractor is deemed necessary and/or required; and
(2)
A currently valid New York State Department of Environmental Conservation
permit for such actions; and
(3)
All then-applicable New York State laws, rules and regulations, including
the requirements of New York State Environmental Conservation Law
§ 11-0931.
B.
Such actions may be taken by a landowner or group of landowners,
or the agents, contractors or employees of a landowner or group of
landowners, as the case may be, provided that such party or parties
take such actions in accordance with the following terms and provisions:
(1)
Such actions are taken on the landowner's property or the group
of landowners' properties;
(2)
Prior to taking such actions, the landowner has, or group of landowners
have, delivered to the Village of Fayetteville Deer Management Oversight
Committee a copy of each of the following items:
(a)
A currently valid New York State Department of Environmental
Conservation (NYSDEC Permit to Take or Harass Nuisance or Destructive
Wildlife (sometimes referred to as a "Deer Damage Permit", "Deer Nuisance
Permit", or the "Permit") for taking the intended actions, or such
equivalent permit as NYSDEC may issue in the future for such purposes;
(b)
Written confirmation, in a form satisfactory to the Village,
of the agreement of any landowner necessary to comply with the discharge
requirements of New York State Environmental Conservation Law § 11-0931;
(c)
A map of the property at which such actions are to be taken
indicating the specific location(s) at which such actions are to be
taken, and showing the location of any structure referenced in said
New York State Environmental Conservation Law § 11-0931,
Subsection 4(a)(2); and
(d)
A written statement containing the names, residence addresses
and telephone numbers of each party who will take any action permitted
under the permit, a copy of each such individual's New York State
bowhunter's license or written evidence that each such individual
has successfully completed the New York State Bowhunter Safety Course,
and a statement of the dates and times at which such action is to
be taken.
(3)
Such actions are taken in accordance with the NYSDEC permit and all
applicable New York State laws, rules and regulations, including the
requirements of New York State Environmental Conservation Law § 11-0931,
including as such section may from time to time be amended hereafter.
(4)
Such actions are taken only by compound bow or crossbow, only in
a downward direction from a tree stand, platform or other structure,
the floor of which is not less than 12 feet above the grade below
such floor, and with retrieval of any arrow discharged.
(5)
In the event that such discharge results in the wounding of a deer,
and that deer moves off of the permit holder's property, the
person(s) authorized to take such actions shall:
(a)
Prior to entering such other property, obtain permission from
the other property owner to do so. If unable to obtain such permission,
the person(s) authorized to take such actions must notify the Village
of Fayetteville Village Deer Management Oversight Committee; and
(b)
Relocate the carcass of the deer onto the permit holder's
property, unless such person has received permission from the other
property owner to process the deer carcass on the other property owner's
property.
C.
The terms of the foregoing exceptions shall not amend, modify, alter
or change any term or provision of this chapter other than as expressly
set forth in these exceptions.
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable pursuant to Chapter 113 of the Village Code.
