The following definitions shall govern the interpretation
of this chapter unless otherwise expressly defined herein:
FIREARM
Includes a weapon which acts by the force of gunpowder or
from which a shot is discharged by the force of an explosion, as well
as an air rifle, an air gun and a longbow.
PERSON
An individual, partnership, corporation, association or other
organized group of persons, business entity or other legal entity.
[Added 10-17-2017 by L.L.
No. 46-2017]
PROPERTY
Any land, improved or unimproved, situated within the borders
of the Town of Huntington whether publicly or privately owned.
[Added 10-17-2017 by L.L.
No. 46-2017]
RESIDENT
An individual who maintains a residence within the Town of
Huntington.
[Added 10-17-2017 by L.L.
No. 46-2017]
TOWN OF HUNTINGTON
Includes all areas within the Town of Huntington exclusive
of areas wholly within any incorporated village.
The provisions of this chapter shall not apply
to:
(A) A law enforcement officer in the performance of his
official duties.
(B) Programs conducted by public or private schools offering
instruction or training in the use of firearms.
(C) The authorized use of a pistol, rifle or target range
regularly operated and maintained by a police department or other
law enforcement agency or by any duly organized membership corporation
or by any municipal corporation.
[Amended 1-20-1976 by L.L. No. 1-1976]
(D) The lawful use of a firearm in the defense of person
or property.
(E) Duly recognized parade or marching groups, including
any United States military organizations and the Huntington Battalion
of Minute Men and duly recognized veterans' groups.
[Added 1-20-1976 by L.L. No. 1-1976 ]
(F) Long bow hunting on private property, as outlined by the New York State Department of Environmental Conservation, pursuant to a validly issued license by the New York State Department of Environmental Conservation. Long bow hunting in accordance with this chapter and Chapter
159 of the Code of the Town of Huntington shall be permitted providing that:
[Added 9-16-2015 by L.L.
No. 35-2015; amended 10-6-2015 by L.L. No. 44-2015; 10-17-2017 by L.L. No. 46-2017; 12-4-2018 by L.L. No. 40-2018]
(1)
Notification.
(a)
Written notification shall be given to the Town's Department
of Public Safety and local police department, prior to the commencement
of hunting activity; and
(b)
Residents whose homes are within 150 feet of long bow hunting
activity shall be notified, in writing, prior to the commencement
of said activity whenever possible and/or as circumstances permit.
(c)
Anyone who willfully disregards these provisions shall be subject
to penalties as set forth in this chapter.
(2)
No person shall:
(a)
Discharge a long bow in such a way as will result in the arrow
thereof passing over a public highway or any part thereof;
(b)
Discharge a long bow within 150 feet from a dwelling house,
farm building or farm structure actually occupied or used, school
building, school playground, public structure, or occupied factory
or church;
(c)
The prohibitions described in subparagraph b of paragraph 2
above shall not apply to the owner or lessee of the dwelling house,
or members of his immediate family actually residing therein, or a
person in his employ, or the guest of the owner or lessee of the dwelling
house acting with the consent of said owner or lessee, provided however,
that nothing herein shall be deemed to authorize such persons to discharge
a long bow within 150 feet of any other dwelling house, or a farm
building or farm structure actually occupied or used, or a school
building or playground, public structure, or occupied factory or church;
(d)
Anyone who willfully disregards these provisions shall be subject
to penalties as set forth in this chapter.
[Amended 7-11-2000 by L.L. No. 17-2000; 5-22-2007 by L.L. No. 11-2007; 10-17-2017 by L.L. No. 46-2017; 11-6-2019 by L.L. No. 56-2019]
(A) Any person or business entity who commits an act in violation of
this chapter shall, upon conviction thereof, be subject to a fine
of not less than five hundred ($500) dollars and not more than one
thousand five hundred ($1,500) dollars for a conviction of a first
offense; upon the conviction of a second offense committed within
five (5) years of the first offense, a fine of not less than one thousand
($1,000) dollars and not more than three thousand ($3,000) dollars;
and upon conviction of a third or subsequent offense committed within
five (5) years of the first offense, a fine of not less than one thousand
five hundred ($1,500) dollars and not more than five thousand ($5,000.)
dollars, or by imprisonment not exceeding fifteen (15) days, or by
both such fine and imprisonment.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B) Any person or entity found by the Bureau of Administrative Adjudication
to have violated this chapter shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized in subdivision
(A) for a first offense and subsequent offenses, respectively.
(C) In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to five
hundred ($500) dollars per day, or any part thereof: an action to
compel compliance with or to restrain by injunction the violation
of this chapter; and other remedies which in the opinion of the Town
Attorney may seem necessary and proper. Any civil monetary penalty
awarded may be added to the tax bill of the property where the violation
has occurred and shall be collected in the same manner.