[Adopted 4-6-2022 by Ord.
No. 28]
As used in this article, the following terms shall have the
meanings indicated:
FIREARM
A handgun, rifle, shotgun, with the latter three as they
are defined in Article 265 of the New York State Penal Code.
HANDGUN
Any commercially made pistol or revolver.
MACHINE GUN, SUBMACHINE GUN or FULLY AUTOMATIC WEAPON
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.
NEGLIGENT DISCHARGE
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.
SHOOTING RANGE
Any indoor place or range for shooting and discharging firearms
at a target. Outdoor shooting ranges are prohibited in the City.
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.
The provisions of this article shall not apply to shooting ranges
not open to the public which are utilized solely for law enforcement
and/or governmental purposes.
(a) 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:
(1)
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.
(2)
The address of the premises for which a license is sought.
(3)
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.
(4)
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.
(5)
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.
(6)
Whether the applicant is a person prohibited from possessing
firearms as provided by Article 265 of the New York State Penal Law.
(7)
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.
(8)
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 outdoor ranges and galleries, and, if so, the
name of the business, its location and the dates of involvement.
(9)
The name, address and date of birth of any and all range masters,
firearm instructors and/or range safety officers.
(10)
Provide the hours of operation.
(11)
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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) The applicant shall place his or her fingerprints on file with the
Chief of Police.
(g) 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 Utica 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 article, 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 article 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 Utica 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 Utica.
(f) No shooting range license shall be issued to any business or applicant
against whom judgment has been rendered by the Department of Codes
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 article 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
and 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 and 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 Utica
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 article, 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 Utica 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 which is constructed in a manner approved by
the Chief of Police shall be installed in all shooting areas. 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 Utica 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 Utica 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 article, 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 article. 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 article
or any rule or regulation promulgated under this article 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 Utica 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 Utica, 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 article 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:
(1)
Ceased to possess the qualifications required for an applicant
for a license as set out herein.
(2)
Been convicted of violating any of the provisions of this article.
(3)
Conducted the business in violation of health, sanitary or safety
regulations or other ordinances of the City.
(b) The Chief of Police shall revoke, without a hearing, the license
of any person found guilty of five or more violations of this article
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.
Violations of this article 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 Utica Code.
Should any section, paragraph, sentence, clause or phrase in
this article be declared unconstitutional or invalid for any reason,
the remainder of the article shall not be affected thereby and shall
remain in full force and effect, and to this end, the provisions of
this article are declared to be severable.