[Adopted by the Common Council of the City of Kingston 7-12-2016 by L.L. No. 3-2016, approved 7-29-2016. Amendments
noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 223.
As used in this chapter, the following terms shall have the
meanings indicated:
A handgun, rifle, shotgun or air gun, with the latter three
as they are defined in § 265 of the New York State Penal
Code.
Any commercially made pistol or revolver.
Unless a context otherwise requires, the terms mean a firearm,
mechanism or instrument not requiring that the trigger be pressed
for each shot and having a reservoir, belt or other means of storing
and carrying ammunition which can be loaded into the firearm, mechanism
or instrument and fired therefrom at a rate of five or more shots
to the second.
The unintentional, abrupt discharge of a firearm by the person
holding the gun when the sights are not imposed on the desired point
of impact of the target.
Any indoor place or range for shooting and discharging firearms
at a target. Outdoor shooting ranges are prohibited in the City.
A.
License required. No person or persons, firm or corporation shall
maintain, operate or cause to be maintained or operated any shooting
range, shooting gallery or target range as herein defined, unless
such person, persons, firm or corporation shall first obtain a license
to do so from the Chief of Police.
B.
Special permit required. All shooting ranges shall require a special
permit from the Planning Board pursuant to the applicable provisions
of the City Code. In the event that a protest is presented to the
Planning Board no later than 24 hours before the Planning Board is
scheduled to consider the special permit, which protest is signed
and acknowledged by the owners of 20% or more of the total of all
properties located in districts within 1,000 feet of the subject property
and in commercial districts within 500 feet of the subject property,
a special permit shall not be approved except by a 3/4 vote of the
Planning Board.
The provisions of this chapter shall not apply to shooting ranges
not open to the public which are utilized solely for law enforcement
and/or governmental purposes.
An application for a shooting range license shall be made by
the owner and operator, if other than owner, on forms provided by
the Chief of Police and filed with the City Clerk. The application
shall be signed and sworn to before a notary public or other official
authorized to administer oaths in the City. It shall also require
the following information:
A.
The name, address and date of birth of the applicant and manager,
if any; the names and addresses of all persons constituting a firm
or partnership; and, if a corporation, its principal place of business,
the full name of such corporation, whether it is domestic or foreign,
and the full name and address of all officers and directors thereof.
Where the owner is not directly involved with the day-to-day operation
of said business, the operator must also be included on the application.
If a partnership, corporation or other business entity is involved,
the application must designate an operator who is involved in the
day-to-day operation of the business. All addresses of persons involved
shall be home addresses, listing street and number.
B.
The address of the premises for which a license is sought.
C.
The type and caliber of arms proposed to be used, along with certified,
stamped drawings by a licensed design professional providing a description
of the manner and plan for stopping and controlling bullets or other
ammunition proposed to be used and ensuring that they be contained.
This includes, but is not limited to, the backstop, which should include
the full width of the room, the sides of the room, ceiling and shooters'
booths so as to prevent any interference between or among the persons
shooting at different targets. Upon renewal of a shooting range license,
the licensee shall submit an inspection report from a licensed design
professional certifying that the bullet containment system has been
properly maintained, is operating as designed, and is in compliance
with the applicable federal, state and local standards.
D.
Submission of a certified report from a licensed design professional
demonstrating that a positive flow ventilation system shall be installed
prior to use and that such a system shall be adequate to remove contaminants
in the air so as not to endanger the health of users, coaches, spectators
or employees. This report shall include, but not be limited to, low-airflow
sensors and that the supply and exhaust fans are synchronized. Upon
renewal of a shooting range license, the licensee shall submit an
inspection report from a licensed design professional certifying that
the ventilation system has been properly maintained, is operating
as designed, and is in compliance with the applicable federal, state,
and local standards.
E.
Submission of a certified report from a licensed sound engineer that
demonstrates that adequate noise baffling or buffering shall be installed
to prevent injury to the hearing of unprotected persons outside of
the area where firearms are actually being discharged and to prevent
disturbance to the neighborhood surrounding the shooting range. Sound
readings after the installation of the noise baffling or buffering
shall be required as prescribed by the Chief of Police or his or her
designee.
F.
Whether the applicant has ever been convicted of any felony involving
violence or intimidation, or the use of firearms or any offense related
to the use, control, possession or sale of firearms, within 10 years
of the date of application.
G.
Whether the applicant is a person prohibited from possessing firearms
as provided by Article 265 of the New York State Penal Law.
H.
Whether any ammunition or firearms will be sold or leased from the
premises and, if so, a copy of any and all permits issued from the
Federal Bureau of Alcohol, Tobacco and Firearms.
I.
Whether the applicant or any officer, manager or employee has previously
been involved in the purchase or sale of a shooting range or gallery,
including outdoors ranges and galleries, and, if so, the name of the
business, its location and the dates of involvement.
J.
The name, address and date of birth of any and all range masters,
firearm instructors and/or range safety officers.
K.
Provide the hours of operation.
L.
Submit a proposed, signed safety plan which includes, but is not
limited to, sections that contain the operations checklist, identify
and demonstrate compliance with all applicable federal, state and
local firearms laws, and contain the general, gun-handling and safety
rules for the range.
M.
Applications shall only be accepted where all information requested
has been supplied and verified for accuracy. Anyone currently serving
a period of suspension or revocation, or who has had an application
for a shooting range license denied, is ineligible to apply for a
shooting range license during a period of suspension or for a period
of one year from the date of revocation or denial. The applicant(s)
must also demonstrate to the Chief of Police that he or she has procured
all necessary licenses and permits for the business.
N.
Upon receipt of an application for a shooting range license, and
after approval for Zoning Code compliance by the Zoning Enforcement
Officer, the Chief of Police shall cause an inspection to be made
of the applicant's business premises to determine whether public
safety problems exist, and the Chief of Police shall cause an investigation
to be made of the background of the owner and operator of the business.
Before the issuance of a license, the Chief of Police, and his or
her representatives, shall have the right to enter upon such premises
during normal business hours for the purpose of making inspections.
After a license has been issued, further inspections of the premises,
to ensure compliance with the laws, ordinances and rules and regulations
relating to shooting range businesses, may be made in areas open to
the public or other areas with consent, and the Chief of Police shall
have the authority to seek warrants where the same are constitutionally
required.
O.
The Chief of Police shall cause an application to be administratively
canceled if an application is not complete, if the applicant fails
with respect to the business or business premises, upon receipt of
written notice and time to cure, to abate code violations or to pay
any outstanding judgments rendered by the Building Department or to
complete a building permit or zoning application.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
P.
Any changes in any facts or information required on said application
occurring after filing thereof shall be reported by the licensee in
writing to the Chief of Police within five days of the change.
Q.
The applicant shall place his or her fingerprints on file with the
Chief of Police.
R.
Such applications shall further contain such additional information
as the Chief of Police, in his or her discretion, shall deem necessary.
The Fire Chief may cause an inspection of the premises to be
made to determine whether the applicant is in compliance with the
laws and ordinances which the Kingston Fire Department is charged
with enforcing. The Fire Chief, and members of his or her staff, shall
have the right to enter upon any premises for which a shooting range
license is sought when the business is open for the purpose of making
such an inspection of areas open to the public, or other areas with
consent, and shall also have the authority to seek warrants where
the same are constitutionally required.
A.
Each application for a shooting range shall be accompanied by a certificate
of liability insurance policy issued by an insurance company authorized
to do business in New York State and shall be in full force and effect
in the amount of $1,000,000 for bodily injury to any one person; in
the amount of $1,000,000 for bodily injury to more than one person
which was sustained in the same accident; and in the amount of $1,000,000
for property damage resulting from one accident.
B.
Each liability insurance policy shall contain a clause obligating
the insurer to give the City Clerk, by certified mail, at least 10
days' written notification before the cancellation or termination
of such insurance by other than the expiration of the original term
of the policy. Upon termination of any such policy of insurance or
expiration of such policy without renewing it, however caused, the
license of the shooting range in connection with which it was furnished
shall immediately be suspended, and such suspension shall continue
until the required insurance policy has been restored.
A.
All new applications for a shooting range license, as of the effective
date of this chapter, shall be issued or denied within 30 days after
a fully completed application has been accepted and an inspection
has found the premises to be code compliant.
B.
The owner, operator and employees of any shooting range business
shall be of good moral character and shall maintain good order on
the business premises at all times.
C.
Except as provided in New York Correction Law, Article 23-a, the
Chief of Police reserves the right to deny a shooting range license
to any person who has pled guilty to or has been convicted of any
crime which is related to the operation of the business.
D.
No shooting range license shall be issued unless the applicant and
business have fully complied with the provisions of this chapter and
have obtained all necessary licenses and permits for the operation.
No shooting range license shall be issued to a premises while charges
are pending pursuant to the Code of the City of Kingston against the
premises or owner or operator.
E.
No shooting range license shall be issued unless the business premises
is in compliance with the Code of the City of Kingston.
F.
No shooting range license shall be issued to any business or applicant
against whom judgment has been rendered by the Municipal Code Violations
Bureau relating to the business or business premises, which judgment
has not been satisfied.
G.
No shooting range license shall be issued for a period of one year
after the applicant has been found guilty of operating a business
without a shooting range license.
H.
No shooting range license shall be issued unless the applicant can
demonstrate compliance with § 40 of the New York State Civil
Rights Law.
I.
It shall be the duty of all holders of a shooting range license to
notify the Chief of Police of any changes in information supplied
on their license applications within 20 days of such changes.
The annual fee for a license to conduct or operate a shooting
range shall be $500. Payment of the fee shall be due upon application
for the license. There shall be a fee of $50 for replacement of a
lost license.
All licenses issued under this chapter for a period exceeding
30 days shall expire December 31 after issuance.
A.
There shall be a certified range master, a firearms instructor or
a range safety officer on site and actively in control of the shooting
range whenever open to the public or whenever the range is in use.
B.
Range masters, firearms instructors or range safety officers shall
have been trained by and have a valid current certification from one
of the following organizations:
(1)
Firearms instructors: National Rifle Association (NRA), New York
State-Division of Criminal Justice Services (NYS-DCJS), International
Association of Law Enforcement Firearms Instructors (IALEFI), Smith
& Wesson Academy, SIG Arms Academy, any U.S. federal law enforcement
agency (FBI, FLETC, ICE, USSS, ATF, USBP), any U.S. military agency
(Army, Navy, Marines, Air Force, Coast Guard, National Guard).
(2)
Range safety officers: National Rifle Association (NRA), International
Defensive Pistol Association (IDPA), International Practical Shooting
Confederation (IPSC), United States Practical Shooting Association
(USPSA).
(3)
Range master: SIG Arms Academy, Smith & Wesson Academy, Action
Target Academy, any U.S. military agency and any federal law enforcement
agency.
C.
Range masters, firearms instructors or range safety officers shall
also:
(1)
Be a person of good moral character and be at least 21 years of age.
(2)
Not have ever been convicted of any felony involving violence or
intimidation, or the use of firearms or any offense related to the
use, control, possession or sale of firearms within 10 years of the
date of application.
(3)
Not be a person prohibited from possessing firearms as provided by
Article 265 of the New York State Penal Law.
D.
There shall be at least one range master, firearms instructor or
range safety officer for every five shooters.
E.
Duties of a range master, firearms instructor or range safety officer
who is in charge of the range should include, but shall not be limited
to, the following:
(1)
Has responsibility for the coordination, organization, direction
and supervision of range activities and personnel;
(2)
Conducts firearms training activities;
(3)
Ensures the overall safety and efficient operation of the ranges;
(4)
Coordinates range schedules;
(5)
Enforces range safety rules and regulations;
(6)
Interacts with local, state and federal authorities as needed;
(7)
Assists in the sighting of firearms and the maintaining of proper
firing positions;
(8)
Administers written and shooting proficiency tests;
(9)
Maintains complete records on individual shooters for safety and
proficiency;
(10)
Inspects, maintains and repairs firearms as needed;
(11)
Maintains inventory of weapons and ammunition;
(12)
Safely stores and issues firearms and ammunition as needed.
A.
There shall be furnished a railing not less than 2 1/2 feet
from the face of the shooting counter and to extend the full width
of the shooting unit and so constructed with a gate so that no one
is admitted to the shooting counter but the shooter and attendant,
the gate to swing away from the shooter.
B.
No minors under the age of 16 years shall be permitted to handle
or discharge any firearms upon the premises unless they qualify for
one of the exemptions set forth in § 265.20 of the New York
State Penal Law. Persons under the age of 18 years utilizing the shooting
range shall be accompanied and supervised by a parent or legal guardian.
C.
The use of handguns shall not be permitted unless the shooter has
a valid New York State pistol permit or falls under one of the exemptions
set forth in § 265.20 of the New York State Penal Law.
D.
All doors, gates and entrances leading into that part of the premises
between the firing point and the backstop shall be securely locked
and alarmed, and no person shall be permitted therein at any time
persons are engaged in shooting or have access to the firearms used.
Attendants and employees may, however, enter said part of the premises
between the firing point and the backstop while shooting is not in
progress.
E.
No new shooting range shall be located nearer than 1,000 feet from
any entrance to any school, church, hospital, other youth recreational
facility, or in any location which, in the opinion of the Chief of
Police, will result in the annoyance of any nearby resident.
F.
All rented firearms shall be maintained in a safe, operational condition
per initial manufacturer's specifications.
G.
A semimonthly test must be made of all firearms rented and a certificate
obtained from a New York State licensed gunsmith as to accuracy and
operational safety of the guns. Certificates shall be maintained for
three years and available for inspection by any member of the Kingston
Police Department.
H.
The ammunition used shall be smokeless. No black powder firearms
shall be permitted.
I.
Such shooting range, as is licensed under this chapter, shall be
open only between the hours of 9:00 a.m. and 11:00 p.m.
J.
The shooting range shall be properly and adequately ventilated at
all times.
K.
Attendants shall wear a uniform brassard or other distinguishing
mark to identify them as employees of the licensee.
L.
Before being employed, the fingerprints of all range employees shall
be placed on file with the Chief of Police.
M.
No gambling, betting or wagering shall be permitted upon the premises,
nor shall any licensee violate any law of the State of New York or
ordinance of the City of Kingston in the maintenance and operation
of the licensed premises.
N.
In the event that any person presents a handgun without a New York
State pistol permit, a handgun that is not listed on the individual's
New York State pistol permit, or an unlawful weapon as defined in
Article 265 of the New York State Penal Law, at any shooting range,
it shall be the duty of the licensee, or his or her employee, agent
or servant, to immediately report the incident by calling 911.
O.
Premises used for a shooting range or gallery shall be kept in a
clean and sanitary condition.
P.
No smoking shall be allowed within the shooting range or gallery.
Q.
No alcoholic beverages shall be possessed or consumed on the premises,
and no person under the influence of alcohol, mind-altering drugs,
or controlled substances as defined by Article 220 of the New York
State Penal Law shall be allowed on the premises.
R.
No licensee, his or her manager, employees, and/or agents shall permit
use of a weapon or ammunition whose penetration capabilities exceed
the capabilities of the backstop to contain the bullets or particles
of bullets as prescribed by the certified design professional in the
report submitted in support of the license application.
A professionally designed and commercially fabricated bullet
trap and/or backstop shall be installed in all shooting areas which
is constructed in a manner approved by the Chief of Police. It shall
be constructed of forged steel or other material capable of stopping
the flight of any bullet and preventing penetration. Provisions shall
be made to stop glancing or stray bullets or particles of bullets
at the sides of the target area.
Persons not shooting or coaching shooters shall not be permitted
within the immediate area of the shooting range or gallery unless
a secure and separate viewing area is constructed pursuant to a building
permit using plans certified by a licensed design professional.
All firearms shall be stored and/or transported in an unloaded
condition and in a secured case, holster, cabinet or vault and in
compliance with state and local laws.
Access for entrance to the shooting range shall be under continuous
control, monitoring and supervision by the licensee, agents and/or
employees. No person shall be allowed to enter the shooting range
without authorization and permission of the licensee, authorized agent
or employee.
The parking lot of a shooting range shall be well lit and monitored
by a New York State licensed security guard at all times that the
range is open.
A.
No person shall use or permit to be used any armor piercing or other
ammunition designed for penetrating metal, or tracers, or incendiary,
gas or explosive ammunition within any shooting range governed hereunder.
B.
No person shall use or permit to be used any fully automatic weapons
within any shooting range governed hereunder.
C.
Pursuant to Article 265 of the New York State Penal Law, only New
York State pistol permit holders are permitted to shoot handguns at
the shooting range unless the shooter falls under one of the exemptions
set forth in § 265.20 of the New York State Penal Law.
All negligent discharges that cause damage to any article of
the range or any injury caused by the discharge of a firearm to any
person will be reported immediately to the Kingston Police Department
by calling 911.
Every shooting range licensee shall keep a substantially bound
book, not less than six inches in either length or width, in which
shall be legibly written in ink and in English at the time any individual
requests to shoot at the range and shall document the date and time
and describe the name, age, residence, general description and signature
of the person requesting to shoot, a description of the weapon, including
make and serial number of the weapon to be fired, and shall make a
photocopy of the person's identification card along with his
or her New York State firearms permit if firing with a handgun, and
also, in the case of a minor shooting under one of the exceptions
under § 265.20 of the New York State Penal Law, a photocopy
of the supervising adult's, the accompanying parent's or
legal guardian's identification. All such record books shall
be open to inspection by any member of the Kingston Police Department
during hours of operations stated on the license application. No entry
in such book shall be erased, obliterated, altered or defaced, and
such book shall be maintained for a period of three years from the
date of the entry.
An individual who shoots or is supervising a minor at the range
shall give to the range employees his or her true name, age and home
address, which shall be verified by a New York State driver's
license, New York State nondriver's identification card, police
identification card or other means of identification approved by the
Chief of Police.
All waste material generated at the range will be managed and
timely disposed of in accordance with all federal and state hazardous
waste regulations.
The conduct and operation of any shooting range shall be in
compliance with any and all federal, state and/or local laws, rules,
codes and/or regulations.
The Chief of Police shall, consistent with the express standards,
purposes and intent of this chapter, promulgate, adopt and issue such
interpretations, procedural rules, regulations and forms as are in
the Chief of Police's opinion necessary to effective administration
and enforcement of the provisions of this chapter. These interpretations,
rules, regulations and forms shall be available to the public at the
City Clerk's office. Such rules, regulations and forms shall
be effective upon filing with the City Clerk as a communication to
the City Council.
A.
Shooting range licenses shall not be transferred. In the event of
any change involving the owner or operator of the business, the type
of business, the name of the business or the business location, a
new shooting range license shall be required. A shooting range license
shall not be transferred to any person who holds power of attorney.
B.
A shooting range license shall be deemed null and void when the licensee
is not found operating the business for a period of one month and
fails to respond in person to the Chief of Police, or his or her designee,
after having been sent a seven-day notification letter.
A.
The Chief of Police may deny a license or deny the renewal of a license
to any applicant who does not comply with the provisions of this chapter
or any rule or regulation promulgated under this chapter or who makes
a material misrepresentation on the license application. The Chief
of Police shall give a written notification to an applicant of the
reasons for the denial of a license.
B.
The denial of any application for a license, the denial of a renewal,
or the revocation of a license by the Chief of Police can be appealed
to the Mayor of the City of Kingston within 10 days of said decision
by the Chief of Police. The Mayor will then make a determination on
the appeal within 30 days.
C.
When the investigation conducted reveals that the applicant has violated
either federal, state or local laws or rules and regulations, the
Chief of Police may authorize the issuance of a conditional certificate.
The conditional certificate shall state the grounds for the conditional
certificate and the conditions under which the applicant shall operate
his or her business, be signed by the applicant, and contain a provision
which provides that any violation of the conditional certificate,
as solely determined by the City of Kingston, shall be deemed to be
grounds for revoking the conditional certificate.
D.
The Chief of Police shall have the power to investigate and inquire
into license applicants under this chapter and to require and enforce
by subpoena the attendance of witnesses at such investigations.
A.
The Chief of Police and/or the Chief of the Fire Department shall
revoke any license issued hereunder if the licensee has, since the
granting of the same:
B.
The Chief of Police shall revoke, without a hearing, the license
of any person found guilty of five or more violations of this chapter
during any period of two years. Nothing herein shall prevent the Chief
of Police from revoking a license of any person with fewer than five
violations, on written charges and an opportunity for a hearing thereon.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
Violations of this chapter may be referred to the Building Department
or the Zoning Enforcement Officer, wherein violators shall be subject
to the penalties set forth in the City of Kingston Code.
Should any section, paragraph, sentence, clause or phrase in
this chapter be declared unconstitutional or invalid for any reason,
the remainder of the chapter shall not be affected thereby and shall
remain in full force and effect, and to this end, the provisions of
this chapter are declared to be severable.
