[HISTORY: Adopted by the Village Board of Trustees of the
Village of Lima 3-24-2009 by L.L.
No. 2-2009. Amendments noted where applicable.]
A.
This chapter shall be known as the "Amended Firearms Local Law of
the Village of Lima."
B.
The Board of Trustees has determined that it is in the best interests
of the Village to regulate the use and discharge of all firearms within
the Village of Lima, and to prohibit hunting within the Village limits.
It is the purpose of this chapter to regulate the discharge
of firearms and to prohibit hunting within the corporate limits of
the Village of Lima in order to promote the public health, safety
and welfare throughout the Village. It is also intended that this
chapter shall supersede any conflicting provision or interpretation
of Local Law No. 5 of 2007.
Unless the context otherwise indicates, as used in this chapter:
Any shaft having a pointed end designed to be propelled any
distance by a bow.
For purposes of this chapter, a permanent structure or natural
feature that is stationary and would serve to stop or impede any projectile
that can be fired from a BB gun, air rifle or slingshot, and being
sufficient for that purpose in size and in composition, such as, but
not limited to, the wall of a barn or building, or a mound or hill
or bank of land.
Any bow, including, but not limited to a crossbow, longbow,
recurved bow, or compound bow, or any variations thereof, that is
or may be used to propel an arrow or other projectile.
To shoot or fire a firearm.
Any weapon from which a missile or projectile, such as a
single slug or bullet, is hurled by an explosive. The term "firearm"
includes, but is not limited to muzzle-loading weapons.
For purposes of this chapter, the discharge or use of any
firearm or weapon or instrument whatsoever, including but not limited
to all firearms, BB guns, air rifles, bows and arrows and slingshots,
while in pursuit of or with the intention of taking or killing animals
or birds or other wildlife. This chapter's prohibition against hunting
is not intended to include the practice known as driving or pushing.
Multiple spherical-type projectiles to be discharged from
a shotgun.
Rifles, shotguns, pistols or cannons incapable of being loaded
through the breech without the use of tools.
A small firearm having a stock to fit the hand, and a short
barrel, and fired from one hand.
A missile or missiles projected or thrown by force from a
firearm.
A type of pistol having a revolving cylinder in the breech
chambered to hold several cartridges that may be fired in succession
without reloading.
A firearm having a rifled or spirally grooved bore, usually
fired from the shoulder and loaded from the breech.
A smoothbore gun, either single or double barreled, adapted
for the discharge of shot.
The use of any firearm, bow and arrow, or other weapon or
device to shoot at an object, such as a padded disk with a marked
surface, or other objects such as cans, wood, debris or the like,
for the purpose of testing a person's skill or accuracy in the use
of a firearm, bow and arrow, or other weapon or device.
No person shall use or discharge a firearm, meaning to describe
a rifle, pistol, revolver, shotgun, muzzle-loading weapon, or bow
and/or arrow in any outdoor or exterior space within the municipal
limits of the Village of Lima, including for the purposes of target
practice on private property.
Hunting game or animals within the Village of Lima is prohibited.
Few if any locations within the corporate limits of the Village of
Lima could be legally used for the purposes of hunting in compliance
with regulations concerning appropriate distance from residential
structures. The Village Board of Trustees concludes that hunting anywhere
within the bounds of the Village of Lima poses a hazard to persons
and property within the Village. The prohibition against hunting includes
hunting with any firearm or weapon or instrument whatsoever, including
but not limited to all firearms, BB guns, air rifles, bows and arrows,
and slingshots.
A.
This chapter shall not prohibit the use of a BB gun, air rifle, or
slingshot for target practice as such term is defined herein, provided
that any BB gun, air rifle or slingshot is used within private property
with the express permission of the property owners, and used in such
manner that any projectile issuing from such instrument would be reasonably
expected to land within that party's private property, and not outside
that party's land.
B.
Although the standard of reasonable conduct or expectation is somewhat
subjective, it is intended to mean that a reasonable person of normal
discretion would properly conclude and believe that the projectile
would remain within the premises and not project or fall outside the
parcel within which it issues.
C.
For example, but not by way of limitation, if the BB gun, air rifle
or slingshot was aimed at a barn from a reasonable distance, one could
reasonably expect that the issued projectile would strike the barn
and not land outside the originating premises. If the property dimensions
and size are such that the projectile could not possibly exit the
property, and a clear sight distance is afforded for the target, it
could be reasonably concluded that the projectile will remain within
the premises. If any barrier, natural or man-made, is used for the
purpose of stopping or impeding such projectile, it can be concluded
that the projectile will not exit the premises.
D.
A target of a size or type generally used for target practice is
not to be construed as a barrier, or as a sufficient means of preventing
the exit of a projectile from the premises from which it is issued.
E.
Target practice shall not be permitted if the BB gun, air rifle or
slingshot shall be aimed or diverted in the direction of another party's
land and in sufficiently close proximity to give rise to a reasonable
fear of bodily harm or damage to the person or property of such adjacent
or neighboring party.
A.
The prohibitions in this chapter shall not apply to any officer of
the law engaged in the protection of the safety of the people of the
State of New York and/or engaged in any official or legal duty.
B.
The Village Board of Trustees may permit the discharge of firearms
upon any appropriate occasion of public ceremony, provided that the
following conditions are complied with:
(1)
Application is made, in writing, to the Village Board of Trustees
at least 15 days before the proposed use of firearms showing that
a responsible adult will be in charge of the proposed use of firearms
and further showing that precautionary measures for the protection
of the public which are sufficient in the judgment of the Village
Board of Trustees will be taken by the applicant; and
(2)
A bond, in form and amount satisfactory to the Village Board of Trustees,
shall be filed with the application before the proposed use of firearms,
in an amount satisfactory to the Village Board of Trustees, conditioned
for the payment of any and all damages to any person or to any property
caused by the proposed use of firearms; provided further that the
Village Board of Trustees may, in its discretion, dispense with the
posting of any such bond in the case of the firing of memorial salutes
with rifles loaded with blank cartridges by any veterans' organization.
C.
Business exclusion. This chapter specifically excludes any business
engaged in the operation of paintball games operating within the appropriate
zoning district in which the discharge of paintball guns is carried
out in an approved controlled environment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a fine of no more than $250
or imprisonment for not more than 15 days, or both, for each offense.
Each discharge of a firearm in violation of the provisions of this
chapter shall constitute a separate offense.
If any portion of this chapter and/or any amendments made hereto
are held unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter and amendments made hereto shall not
be affected and shall remain in full force and effect.
This chapter shall become effective within 30 days following
the filing thereof with the Secretary of State.
