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Village of Montebello, NY
Rockland County
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[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-25-1988 by L.L. No. 29-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 126.
This chapter shall be cited and may be referred to hereinafter as the “Discharge of Firearms Law of the Village of Montebello.”
The Village Board of the Village of Montebello hereby adopts regulations governing the discharge of firearms. These provisions are adopted to protect the health, safety and welfare of the residents of the Village of Montebello.
[Added 6-22-2005 by L.L. No. 4-2005]
As used in this chapter, the following terms shall have the meanings indicated:
FIREARM
Any gun or other instrument which by force of gunpowder or other explosive expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon humans, fish, wildlife or other animals.
The areas described below are hereby declared to be areas wherein the discharge of a firearm is deemed hazardous to the general public or nearby residents, and, therefore, is prohibited:
A. 
Prohibited area is all land contained within the Incorporated Village of Montebello.
B. 
Lands owned by the Village of Montebello except wherein a pistol, rifle or target range is operated and maintained by the Police Department servicing the Village of Montebello.
The provision of this chapter shall not apply to:
A. 
A law enforcement officer in the performance of his official duties.
B. 
The authorized use of a pistol, rifle or target range regularly operated and maintained by any duly organized membership corporation and wholly on premises owned, rented or leased by said corporation, but not within 500 feet of any dwelling except with the permission of the owner of said dwelling, and provided that said use will be conducted with all due regard for the safety of the surrounding community.
C. 
The lawful use of a firearm in the defense of person or property.
[Amended 6-22-2005 by L.L. No. 4-2005]
The areas designated wherein the discharge of firearms is declared prohibited shall be posted giving notice of such prohibition.
A. 
Any person, firm or corporation discharging a firearm in those areas of the Village of Montebello declared by this chapter to be a prohibited area shall be guilty of a violation and shall be liable for each violation to a fine not to exceed $250, or imprisonment for a period not in excess of 15 days, or both.
[Amended 6-22-2005 by L.L. No. 4-2005]
B. 
The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, so long as not inconsistent herewith, nor shall the invoking of any remedy or procedure contained within this chapter preclude the pursuit of any and all other remedies, and the same are intended to be cumulative.
This chapter supersedes, and is in derogation of, Chapter 12A of the Code of the Town of Ramapo, County of Rockland, State of New York. This chapter is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.