[HISTORY: Adopted by the Town Board of the Town of Marilla 12-6-1976 by L.L. No. 1-1976 (Ch. 109 of the 1999 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 209.
Zoning — See Ch. 700.
A. 
The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing, proposed and future firing ranges. It is intended to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty of designated areas and to provide for the safety of those living or working near or passing by the range and, in general, to provide a more enjoyable and pleasing community and to maintain and promote the agricultural atmosphere of the Town of Marilla. A clean, wholesome and attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion, and in addition, such environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens.
B. 
The Town Board hereby declares that such activities and/or businesses with regard to the use of the land can constitute a hazard to property and persons and create a public nuisance.
A. 
For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section.
ENFORCEMENT OFFICER
The person designated and authorized by the Town Board of the Town of Marilla to administer this chapter.
B. 
When not inconsistent with the context, words used in the present include the future; and plural and singular are interchangeable. The word "person" includes a firm, partnership or corporation as well as an individual. The word "shall" is always mandatory. The word "used" includes the term "designed or intended to be used."
A. 
It shall be unlawful within the Town of Marilla to operate a firing range for profit or otherwise without first filing a special development plan with the Town Board and obtaining a permit for the construction, erection and continuance of said firing range.
B. 
No person or persons being the owner or occupant of any premises within the Town of Marilla shall allow or permit the use of such premises for a firing range without a license obtained as hereinafter provided. Such license shall expire on December 31 following the date of issuance, but may be renewed subject to the provisions of this chapter for additional periods of one year each.
C. 
The application for a firing range license or the renewal thereof shall be filed with the Town Clerk and shall show such information as may be required by the Town Board. The original application together with the special development plan shall be accompanied by three copies of the firing range plan drawn to scale. Such plans shall be prepared by a professional engineer or land surveyor, duly licensed by the State of New York, and shall be approved by the Erie County Board of Health. It shall show such information as will establish compliance with this chapter and the standards for firing ranges.
D. 
Proceedings. Upon receipt of the original application, a special development plan and fee, the Town Board shall authorize a public hearing and shall refer the application to the enforcement officer, the Planning Board, if it so desires, and/or other appropriate committees for review. At the public hearing, the report of the enforcement officer, the report of the Planning Board, if it has been submitted to it, and/or other investigating committees shall be read, and all parties in interest shall be heard. Following the hearing, after due consideration and subject to appropriate conditions and safeguards and after determining that the application conforms essentially to the provisions of this chapter and with the standards for firing ranges, the Town Board may direct the Town Clerk to issue a license.
A. 
The Town Board, with or without the advice of the Planning Board, shall adopt standards for firing ranges to protect the health, safety and general welfare of the inhabitants of the area surrounding the firing range, together with adjoining property. One copy of said standards shall be filed with the Town Clerk and one copy with the enforcement officer.
B. 
Such standards may be modified or revised from time to time by the Town Board. The standards or any revisions thereto shall apply to all firing ranges licensed after the date of the adoption of said standards or revisions and to all firing ranges at such times as licenses are reissued, except as otherwise provided in Subsection C below.
C. 
No firing range shall be established or operated except in accordance with the requirements of the standards for firing ranges; provided, however, that the Town Board, where it finds unusual circumstances of shape, topography or other existing conditions or that an extraordinary hardship may be incurred, may, if the public interest is to be best served, grant a variance from any of said standards. No variance shall be granted which shall have the effect of nullifying the intent or purpose of this chapter or the Erie County Sanitary Code.
The firing range shall at all times be maintained in a clean and sanitary manner in accordance with the regulations set forth in the standards for firing ranges and with other requirements imposed as a condition of granting of the license.
No new firing range shall be located in any Residential or B Business District, within 2,500 feet of any residential district, church, cemetery or school or in any location where in the opinion of the Town Board the establishment of a firing range would be detrimental to the public interest and welfare.
A. 
Before the firing range commences operation, the enforcement officer shall make an inspection of the premises to determine that all requirements of this chapter have been complied with.
B. 
After the firing range has commenced operation, the enforcement officer and all duly authorized officers of the State of New York, County of Erie and Town of Marilla may at any reasonable hour enter upon the premises to determine whether the requirements of this chapter and other applicable laws, codes and regulations are being complied with.
If the enforcement officer, upon inspection, finds that said firing range is not being maintained and conducted in accordance with the regulations applicable to such firing range and the provisions of this chapter, he shall serve upon the holder of such license or the person in charge an order in writing directing that the conditions therein specified be remedied within 10 days after the service of such order. If after the expiration of such period, such conditions are not corrected in accordance with the order of the enforcement officer, the enforcement officer shall serve a notice in writing upon such firing range owner or the person in charge requiring the holder of such license to appear before the Town Board of the Town of Marilla at the time to be specified in such notice and show cause why the license should not be revoked. The Town Board, after a hearing before it at which the testimony of witnesses of the enforcement officer and the holder of the license shall be heard, may revoke such license if the conditions described in the original order have not been corrected in accordance with the terms of such order or if the holder of such license has violated the regulations applicable to such firing ranges or has violated any of the provisions of this or any other local law or for other sufficient cause.
Any person who violates any provisions of this chapter shall be subject, upon conviction, to a fine not of exceed $250 or imprisonment for a term not to exceed 15 days, or both. In addition, a second conviction within one year is subject to 14 days' suspension of all firing activities; and a third conviction within one year is subject to license revocation. Every such day a violation exists shall constitute a separate offense and shall be punishable as such hereunder. Any imposition of any penalty or violation of this chapter shall not excuse the violation or permit it to continue.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).