The words and phrases used in this chapter shall, for the purpose
of this chapter, have the meanings ascribed to them by § 265.00
of the Penal Law of the State of New York.
[Amended 1-9-2012 by L.L.
No. 1-2012; 1-30-2014 by L.L. No. 1-2014]
A. 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.
B. 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.
C. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Failure to comply with this chapter shall constitute a violation
as defined in the Penal Law of the State of New York, and any offender
shall be punished in accordance therewith by a fine of up to $250,
imprisonment for not more than 15 days, or both such fine and imprisonment.