Village of Cayuga Heights, NY Firearms

[Amended 1-9-2012 by L.L. No. 1-2012; 1-30-2014 by L.L. No. 1-2014]

It is prohibited within in the Village of Cayuga Heights 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. It is prohibited within the Village of Cayuga Heights 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.

Exceptions. The provisions of this section shall not apply to actions taken in furtherance of, in connection with or to achieve the goals of the Village's deer management program, provided that such actions are taken in accordance with the following terms:

(1)

Such actions may be taken by any agent or contractor of the Village of Cayuga Heights, provided that the agent or contractor takes such actions in accordance with:

(a)

A currently valid contract executed by the Village and such agent or contractor; and

(b)

A currently valid New York State Department of Environmental Conservation permit for such actions; and

(c)

All applicable New York State laws and regulations, including the requirements of New York State Environmental Conservation Law § 11-0931, including as such section may be amended hereafter.

(2)

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, provided that such person or persons take such actions in accordance with the following terms:

(a)

Such actions are taken on the landowner's property or the group of landowners' properties.

(b)

Prior to taking such actions, the landowner has, or group of landowners have, delivered to the Village of Cayuga Heights Police Department a copy of each of the following items:

[1]

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," the "Permit") for taking the intended actions, or such equivalent permit as NYSDEC may issue in the future for such purposes;

[2]

Written confirmation, in 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;

[3]

A map of the property at which such actions are to be taken, indicating the 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, Subdivision 4(a)(2); and

[4]

A written statement containing the names, residence addresses and telephone numbers of each individual who will take any action permitted under the permit, a copy of each such individual's New York State bow hunter's license or written evidence that each such individual has successfully completed the New York State bow hunter safety course, and a statement of the dates and times at which such action is to be taken.

(c)

Such actions are taken in accordance with the NYSDEC permit and all applicable New York State laws and regulations, including the requirements of New York State Environmental Conservation Law § 11-0931, including as such section may be amended hereafter.

(d)

The person(s) authorized by the permit to take such actions shall use only compound bow or crossbow equipment, shall discharge such bow 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 such person shall retrieve any arrow discharged.

(e)

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:

[1]

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 Cayuga Heights Police Department; and

[2]

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.

(f)

Notwithstanding the foregoing terms of this Subsection B, in the event that New York State Environmental Conservation Law § 11-0931 is hereafter amended to reduce the five-hundred-foot setback requirements of said § 11-0931, then the five-hundred-foot setback requirements of said § 11-0931 as of the date of this chapter will continue to govern any action taken under this Subsection B.

The terms of these exceptions shall not amend, modify, alter or change any term or provision of this chapter other than as expressly set forth in these exceptions.