[HISTORY: Adopted by the Rochester City Council
11-25-1941. Amendments noted where applicable.]
[1]
Editor's Note: Former § 47-1, Squawkers,
was repealed 11-10-1987 by Ord. No. 87-370.
[Amended 6-22-1954; 10-13-1987 by Ord. No.
87-347]
No person shall sell, offer for sale, keep for
sale, give, loan or lease to any person under 18 years of age any
metal-tipped arrow or sharp pointed wooden or plastic arrow, or any
sharp pointed wooden, plastic or metal instrument or weapon, so weighted
and constructed as to be capable of being thrown or hurled to strike
a person or object with its sharpest point, commonly known as a "dart";
or any sword, machete or knife other than a folding pocketknife with
no blade more than three inches in length; nor shall any person under
18 years of age possess any such object. The provisions of this section
shall not apply to the use of bows and arrows and darts in supervised
recreation programs and on archery ranges.
[1]
Editor's Note: Former § 47-3, Writing
implements made of glass, was repealed 11-10-1987 by Ord. No. 87-370.
[Added 9-24-1996 by Ord. No. 96-297]
A.
Purpose and intent. The Council finds that it is necessary to regulate the commercial storage, commercial possession, commercial exchange and commercial display of firearms, ammunition or explosives pursuant to § 139-d of the General Municipal Law in order to provide for the public health, safety and welfare of all persons in the City of Rochester. The Council finds that the location of such activities close to residential uses is not compatible with residential uses and can pose a danger to residents through fire or explosion or as a result of burglaries at such locations. The Council therefore intends to regulate the location of such activities and to place additional regulations upon those activities in order to assure that such activities are conducted in a safe manner. The restrictions found herein shall be in addition to restrictions found in Chapter 120 of the Municipal Code, Zoning Code, and whichever regulations are more restrictive shall be applicable to any potential location where such activities are to be conducted.
[Amended 11-19-2002 by Ord. No.
2002-354; 9-17-2019 by Ord. No.
2019-296]
B.
Location.
The commercial storage, commercial possession, commercial exchange
or commercial display of firearms, ammunition or explosives within
a building occupied by a residential use, or within a building located
within 500 feet of any residential use, which distance shall be measured
from the closest point of the building used for such storage, possession,
exchange or display of firearms, ammunition or explosives to the nearest
point of the lot line of the property with a residential use, is hereby
prohibited. The increase in the residential buffer from 100 feet to
500 feet shall not apply to any establishment that is operating in
compliance with all other applicable provisions of this section prior
to and upon the effective date of the increase, and this exemption
from the buffer increase shall continue so long as the establishment
continues said operation and compliance uninterrupted.
[Amended 9-17-2019 by Ord. No.
2019-296]
C.
Standards of design, construction and maintenance
of buildings and structures in which firearms, ammunition or explosives
are stored.
(1)
Perimeter doorways. All perimeter doorways shall meet
one of the following:
(a)
A windowless steel security door equipped with a high-security
cylinder lock;
(b)
A windowed metal door that is equipped with a high-security
cylinder lock. If the window has an opening of five inches or more
measured in any direction, the window shall be covered with steel
bars of at least one-half-inch diameter no further than six inches
apart, or metal grating of at least nine gauge which has no spaces
larger than six inches wide measured in any direction, affixed to
the exterior or interior of the door; or
(c)
A metal grate or a metal folding scissors gate of
at least nine gauge which has no spaces larger than six inches wide
measured in any direction that is padlocked and affixed to the premises
independent of the door and doorframe when the premises is not open
for business.
(2)
Windows. All windows shall be covered with steel bars
of a least one-half-inch diameter no further than six inches apart;
or metal grating of at least nine gauge which has no spaces larger
than six inches wide measured in any direction, affixed to the exterior
or interior of the window frame; or a metal grate or a metal folding
scissors gate of at least nine gauge which has no spaces larger than
six inches wide measured in any direction that is padlocked and affixed
to the premises independent of the door and doorframe when the premises
is not open for business.
(3)
Heating, ventilating, air-conditioning and service
openings. All heating, ventilating, air-conditioning and service openings
shall be secured with steel bars, metal grating or an alarm system.
(4)
Alarm systems. Any building or structure used for
the storage, possession and display of firearms, ammunition or explosives
shall be protected by an alarm system which, when activated, directly
notifies either a security guard on duty at the location, the Emergency
Communications Center (through a designated line other than 911),
an answering service or a central station, of a fire or smoke or intrusion
or attempted intrusion into the premises. If an answering service
or central station is used, the answering service or central station
shall provide the service of receiving on a continuous basis through
trained employees, emergency signals from the alarm systems and, thereafter,
immediately relaying the message by live voice to 911.
D.
Visibility of interior to be maintained at all times.
The interior of any building or structure used for the storage, possession
and display of firearms, ammunition or explosives shall be visible
through any windows at all times when open for business, and no drapes
or blinds should be used that would block the view of police or passersby
who might observe unusual activity within the premises. The exterior
of the premises shall be illuminated at night and during the hours
when business is not conducted within.
E.
Combustible materials. Combustible materials shall
not be stored in any building or structure or that portion thereof
used for the storage, possession and display of firearms, ammunition
or explosives.
F.
Fire-extinguishing equipment. Fully operable listed
fire-extinguishing equipment shall be maintained in any building or
structure used for the storage, possession and display of firearms,
ammunition or explosives and made easily accessible.
G.
Smoking and open flames prohibited. Smoking, matches,
spark-producing devices and open flames shall be prohibited in any
building or structure or that portion thereof used for the storage,
possession and display of firearms, ammunition or explosives.
H.
Standards of security for storage of firearms, ammunition
or explosives.
(1)
Storage of ammunition and explosives. All ammunition
and explosives shall be stored in compliance with 9 NYCRR 1176 et
seq. and 12 NYCRR 39 et seq. Further, all ammunition when being displayed
shall be kept in locked cases or behind the counter in an area not
accessible to the public.
(2)
Storage of firearms when open for business.
(a)
No firearms shall be stored, exhibited or displayed
in windows of the premises.
(b)
Firearms storage or inventory areas shall be physically
separated from counter and display areas and access to these areas
shall be carefully controlled.
(c)
All firearm display cases shall be kept locked and
secured at all times and not readily accessible to the public. All
keys to such display cases shall not leave the control of authorized
personnel.
(d)
Trigger locks which disable firearms and prevent them
from functioning must be locked to each firearm at all times, or the
firearms must be secured in a locked case or be otherwise locked,
or the firearms must be dispensed in an area behind the counter that
is not accessible to the public. These requirements shall not apply
to a firearm being shown to a customer, being repaired, or otherwise
being worked on.
(3)
Storage of firearms when not open for business. When
not open for business, all firearms shall be stored in accordance
with one of the following:
(a)
All firearms shall be stored in a locked fireproof
safe or vault located in the business premises;
(b)
All firearms must be secured by a hardened steel rod
or cable of at least 1/8 inch in diameter through the trigger
guard of the firearm. The steel cord or cable shall be secured with
a hardened steel lock that has a shackle. The lock and shackle shall
be protected or shielded from the use of a bolt cutter and the rod
or cable shall be anchored in a manner that prevents the ready removal
of the firearms from the premises; or
(c)
All firearms shall be secured in a manner that prevents
the ready removal of the firearms from the premises, as approved by
the Chief of Police or the Chief's designee.
I.
The regulations provided for herein shall not apply
to the personal possession, use or ownership of firearms or ammunition
therefor.
[1]
Editor's Note: Former § 47-4, Sale
or gift of dangerous weapons, was repealed 3-16-1993 by Ord. No. 93-62.
[Amended 9-11-1951; 1-11-1955; 5-10-1960; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 5-27-1986 by Ord. No. 86-163; 3-16-1993 by Ord. No. 93-62]
A.
Purpose and intent. The Council finds that violent
crime is a serious problem in the City and firearms and other dangerous
weapons are frequently used in the commission of crimes, particularly
homicides and assaults. The possession of such weapons also often
leads to accidental deaths and injuries. The possession and use of
assault weapons and ammunition feeding devices for criminal purposes
is increasing and poses a serious danger to public safety. The use
of weapons by persons under the influence of drugs and/or alcohol
can readily lead to serious injury or death. The possession of weapons
in public facilities and places also poses a serious danger to public
safety. The possession of toy or imitation weapons which substantially
duplicate actual weapons poses a danger to the person possessing the
weapon and to others. In order to promote and protect the health,
safety and welfare of the public, the Council finds it necessary to
place restrictions upon the possession and use of such weapons. The
restrictions imposed by this section are intended to be in addition
to restrictions found in state law and are not intended to conflict
with state law provisions.
B.
AIR GUN
AMMUNITION
AMMUNITION FEEDING DEVICE
ASSAULT WEAPON
(1)
(a)
(b)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
(e)
DISPOSE OF
DRUG
DWELLING
FIREARM
PARK
POSSESS
PUBLIC FACILITY
PUBLIC PLACE
RIFLE
SHOTGUN
As used in this section, the following terms shall
have the meanings indicated:
Any pistol, revolver, rifle or shotgun which fires projectiles
by means of a spring or compressed air or other gas, instead of an
explosive.
[Amended 12-15-2009 by Ord. No. 2009-410[2]]
Explosives suitable to be fired from a firearm, machine gun,
pistol, revolver, rifle, shotgun, assault weapon or other dangerous
weapon.
Magazines, belts, feedstrips, drums or clips capable of being
attached to or utilized with any center-fire rifle, shotgun or pistol
which employs the force of the expanding gases from a discharging
cartridge to chamber a fresh round after each single pull of the trigger
which, in the case of a rifle or shotgun holds in excess of five cartridges,
or in the case of a pistol holds in excess of 17 cartridges.
Any center-fire rifle or shotgun which employs
the force of the expanding gases from a discharging cartridge to chamber
a fresh round after each single pull of the trigger, and which is
loaded or capable of being loaded with a combination of more than
six cartridges in the ammunition feeding device and chamber combined.
For the purposes of this section, a weapon is capable of being loaded
if it is possessed by one who, at the same time, possesses:
In the case of a rifle, a fixed or detachable
ammunition feeding device which is attached to or utilized with or
capable of being attached to or utilized with such rifle and which
has a capacity of more than five cartridges; or
In the case of a shotgun, an ammunition feeding
device which is attached to or utilized with or capable of being attached
to or utilized with such shotgun and which has a capacity of more
than five cartridges.
A center-fire rifle or shotgun which employs
the force of expanding gases from a discharging cartridge to chamber
a fresh round after each single pull of the trigger, and which has:
Any stockless pistol grip shotgun.
The following weapons manufactured prior to
the effective date of this section. [NOTE: This section was found
unconstitutional by the Honorable Charles J. Siragusa, Supreme Court
Justice, Monroe County, in Citizens for a Safer Community
v. City of Rochester, Index No. 93-08421.]
For purposes of this section, the term "assault
weapon" shall not include any of the following:
Any weapon which has been modified to render
it permanently inoperable or permanently make it a device no longer
defined as an "assault weapon";
Weapons that do not use cartridges or shells;
Manually operated bolt-action weapons, lever-action
weapons, slide-action weapons or single-shot weapons;
Multiple-barrel weapons, revolving-cylinder
weapons except shotguns, weapons that use exclusively a rotary Mannlicher-style
magazine; or
Any antique firearm as defined in § 265.00
of the New York State Penal Law or any curio or relic as defined under
United States law which is possessed by a licensed collector in accordance
with United States Law.
To dispose of, give away, give, lease, loan, keep for sale,
offer, offer for sale, sell, transfer or otherwise dispose of.
Any substance listed in § 3306 of the Public Health
Law of the State of New York.
As defined in Chapter 120 of the Municipal Code, Zoning Code.
[Amended 11-19-2002 by Ord. No. 2002-354]
Any pistol or revolver; or a shotgun having one or more barrels
less than 18 inches in length or any weapon made from a shotgun (whether
by alteration, modification or otherwise) if such weapon as modified
has an overall length of less than 26 inches; or a rifle having one
or more barrels less than 16 inches in length or any weapon made from
a rifle (whether by alteration, modification or otherwise) if such
weapon as modified has an overall length of less than 26 inches. For
purposes of this definition, the length of the barrel on a shotgun
or rifle shall be determined by measuring the distance between the
muzzle and the face of the bolt, breech or breechlock when closed
and when the shotgun or rifle is cocked; the overall length of a weapon
made from a shotgun or rifle is the distance between the extreme ends
of the weapon measured along a line parallel to the center line of
the bore. Such definition, except as otherwise indicated, shall include
both loaded and unloaded firearms, except that it shall not include
any antique firearm as defined in federal or New York State law or
any curio or relic as defined under United States law which is possessed
by a licensed collector in accordance with United States law.
As defined in § 79-1 of the Municipal Code.
Have physical possession or otherwise to exercise dominion
or control over. The presence in an automobile of any firearm, rifle
or shotgun which is openly visible is presumptive evidence of its
possession by all persons occupying such automobile at the time such
firearm, rifle or shotgun is found, except if such firearm, rifle
or shotgun is found in a vehicle for hire.
Any building or facility owned, leased, operated or controlled
by or on behalf of any government, municipality or public authority
or corporation within the boundaries of the City, except buildings
or facilities used for educational purposes.
Any street, including the sidewalk portion thereof, park,
playground, recreation area, cemetery or lot owned, leased, operated
or controlled by or on behalf of any government, municipality or public
authority or corporation within the boundaries of the City, which
is generally accessible to the public, except grounds used for educational
purposes.
A weapon designed or redesigned, made or remade and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed metallic cartridge
to fire only a single projectile through a rifled bore for each single
pull of the trigger.
A weapon designed or redesigned, made or remade and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
[2]
Editor's Note: This ordinance provided an effective date of
1-11-2010.
C.
No person shall possess a loaded or unloaded firearm,
rifle, shotgun or air gun, or a dagger, dangerous knife, dirk, razor
or stiletto, in a public place or public facility in the City. This
prohibition shall not apply to:
(1)
A police officer or peace officer authorized to possess
the same;
(2)
A government employee or licensed security guard authorized
or required by employment or office to possess the same while acting
within the scope of such employment;
(3)
A person in the military service of the State of New
York or the United States when duly authorized to possess the same;
(4)
A person transporting a rifle or shotgun in a motor
vehicle in the City in accordance with the provisions of § 11-0931,
Subdivision 2, of the New York State Environmental Conservation Law,
or otherwise transporting an unloaded rifle, shotgun or air gun in
the City, provided that the same is completely enclosed or contained
in a nontransparent carrying case and either:
(5)
An authorized person who, for the purpose of shooting
practice, possesses a weapon at an established target range in a public
place other than a park or public facility;
(6)
A person voluntarily surrendering the same in accordance
with the provisions of § 265.20 of the Penal Law; or
(7)
Possession of a firearm by a person licensed to carry
a firearm pursuant to § 400.00 of the Penal Law or possession
or transportation by a gunsmith or dealer in firearms in accordance
with a license issued by the State of New York or the United States,
except that this subsection shall not apply in a park or a public
facility other than a parking garage.
D.
No person shall store a firearm, rifle, shotgun or
air gun in a dwelling in the City unless said firearm, rifle, shotgun
or air gun is completely enclosed or contained in a nontransparent
locked carrying case or in a locked gun rack, cabinet, closet or safe,
or a locking device is attached to the weapon and locked in a manner
so as to prevent the weapon from being fired. This requirement shall
not apply to a rifle, shotgun or licensed firearm carried on the body
of the owner or within such close proximity of the owner that the
owner can retrieve it as quickly and easily as if it were carried
on the owner's body.
E.
No person shall dispose of any firearm, rifle, shotgun,
air gun or ammunition in the City. This prohibition shall not apply
to:
(1)
A gunsmith or dealer in firearms duly licensed by
the State of New York or the United States;
(2)
A person disposing of the same to a gunsmith or dealer
in firearms duly licensed by the State of New York or the United States;
(3)
A person voluntarily surrendering the same in accordance
with the provisions of § 265.20 of the Penal Law;
(4)
A person disposing of a licensed firearm in accordance
with law;
(5)
Disposition by intestate or testamentary bequest;
or
(6)
A person disposing of a rifle, shotgun, air gun or
ammunition to a family member.
F.
No person shall possess an assault weapon or an ammunition
feeding device in the City. This prohibition shall not apply to:
(1)
A police officer or peace officer authorized to possess
the same;
(2)
A person in the military service of the State of New
York or the United States when duly authorized to possess the same;
(3)
A person voluntarily surrendering the same in accordance
with the provisions of § 265.20 of the Penal Law; or
(4)
A gunsmith or dealer in firearms duly licensed by
the State of New York or the United States for weapons to be used
by police officers or persons in the military service or for delivery
outside of the City.
G.
No person shall dispose of an assault weapon or ammunition
feeding device in the City. This prohibition shall not apply to:
(1)
A person voluntarily surrendering the same in accordance
with the provisions of § 265.20 of the Penal Law; or
(2)
A gunsmith or dealer in firearms duly licensed by
the State of New York or the United States for weapons to be used
by police officers or persons in the military service or for delivery
outside of the City.
H.
No person shall carry a firearm, shotgun, rifle or
air gun in the City while such person has 1/10 of 1% or more
by weight of alcohol in the person's blood as shown by chemical analysis
of the person's blood, breath, urine or saliva.
I.
No person shall carry a firearm, shotgun, rifle or
air gun in the City while in an intoxicated condition.
J.
No person shall carry a firearm, shotgun, rifle or
air gun in the City while the person's ability to safely carry such
weapon is impaired by the use of a drug.
K.
Any person who carries a firearm, shotgun, rifle or air gun in this City shall be deemed to have given consent to a breath test and a chemical test of the person's breath, blood, urine or saliva for the purpose of determining the alcoholic or drug content of the person's blood, provided that any test is administered at the direction of a police officer having reasonable grounds therefor. A chemical test must be administered within two hours after such person has been placed under arrest for a violation of this section or any other law or ordinance involving the use or possession of a firearm, rifle, shotgun or air gun, or within two hours after a breath test indicates that alcohol has been consumed by such person. Upon the trial of any action arising out of an arrest for a violation of Subsection H, I or J of this section, the court shall admit evidence of the amount of alcohol or drugs in the blood of the person carrying the firearm, shotgun, rifle or air gun as shown by a test administered pursuant to this section. Evidence of a refusal to submit to a chemical test shall be admissible in any trial, proceeding or hearing based upon a violation of such subsections, but only upon a showing that the person was given sufficient warning, in clear and unequivocal language, of the effect of such refusal and the person persisted in such refusal.
L.
[NOTE: Some provisions of this section were found
unconstitutional by the Honorable Charles J. Siragusa, Supreme Court
Justice, Monroe County, in Citizens for a Safer Community
v. City of Rochester, Index No. 93-08421.]
M.
Discharge of weapons; permits.
(1)
No person shall discharge an air gun, shotgun, rifle,
assault weapon, machine gun, submachine gun or a firearm of any kind
or description in the City, except police officers, peace officers,
members of the military and persons holding permits as in this subsection
provided.
(2)
The Chief of Police is hereby authorized to grant
permits for the discharge of shotguns at clay pigeons at any particular
location or for the discharge of weapons at target ranges subject
to such restrictions and conditions as the Chief may deem necessary.
Any person holding such a permit shall obey all the restrictions and
conditions contained herein.
N.
The owner of a firearm, shotgun, rifle, assault weapon, machine gun or submachine gun, which becomes lost or stolen, shall report the loss or theft to the Rochester Police Department within 24 hours after the loss or theft is discovered or reasonably should be discovered. The owner of such a weapon shall store the weapon in a safe and secure manner as required in Subsection D of this section and shall check such weapon at least once each week, or immediately upon returning to the City if the owner is absent from the City for more than one week. Failure to perform such a check shall not be a defense to a prosecution for a violation of this subsection.
[Added 9-15-1998 by Ord. No. 98-345[3]]
O.
Notwithstanding the penalties contained in § 47-8, a violation of any provision of this section shall be punishable by a fine not to exceed $1,000 or by imprisonment not to exceed 180 days, or by both such fine and imprisonment.
P.
The provisions of this section are severable, and
if any of its provisions shall be held unconstitutional or invalid,
the decision of the court shall not affect or impair any of the remaining
provisions of the same. It is hereby declared to be the intention
of the Council that this section would have been adopted had such
unconstitutional or invalid provision not been included herein. If
any term or provision of this section shall be declared unconstitutional,
invalid or ineffective in whole, or in part, by a court of competent
jurisdiction, then to the extent that it is not constitutional, invalid
or ineffective, such term or provision shall be in force and effect,
nor shall such determination be deemed to invalidate the remaining
terms or provisions thereof.
[Added 9-8-1953]
It shall be unlawful for any person, firm or
corporation to leave outside of any building or dwelling in a place
accessible to children any abandoned, unattended or discarded icebox,
refrigerator or any other container of any kind which has an airtight
door or lock which may not be released for opening from inside of
said icebox, refrigerator or container. It shall be unlawful for any
person, firm or corporation to leave outside of any building or dwelling
in a place accessible to children any abandoned, unattended or discarded
icebox, refrigerator or any other container of any kind which has
an airtight snap-lock or other device thereon without first removing
the said snap-lock or doors from said icebox, refrigerator or container.
[Amended 7-22-1969 by Ord. No. 69-329]
Any person or corporation violating any of the
provisions of this chapter shall, upon conviction be punishable by
a fine not exceeding $150, or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment, or by a penalty of not less
than $5 nor more than $500 to be recovered by the City of Rochester
in a civil action.