Chapter 67
FIREARM AND BOW SAFETY
§ 67-1. Title.
§ 67-2. Purpose and intent.
§ 67-3. Discharge of firearms or bows.
§ 67-4. Applicability of statutory definitions.
§ 67-5. Penalties for offenses.
§ 67-6. Exceptions.
[HISTORY: Adopted by the Board of Trustees of the
§ 67-1. Title.
This chapter shall be known as the "
§ 67-2. Purpose and intent.
This chapter is intended to promote the
health, comfort, safety and welfare of all persons in the Village by
restricting the discharge of firearms and the discharge of bows in certain
densely populated areas of the Village where such discharge would be hazardous
to the residents of the Village and to the general public.
§ 67-3. Discharge of firearms or bows. [Amended
9-17-1991 by L.L. No. 14-1991, Amended 10-15-07 by L.L. No. 7-2007]
A. Except
as expressly provided to the contrary hereinafter, the discharge of a firearm,
shotgun, rifle, air gun, longbow or crossbow within the
B. Conditions.
[Added 4-19-1993 by L.L. No. 6-1993, Amended
10-15-07 by L.L. No. 7-2007]
(1) Notwithstanding the terms of Subsection A of this section, the
discharge of a firearm, shotgun, rifle, air gun, longbow or crossbow within the
Village of Lansing, shall be permitted only in cases that each of the following
conditions are satisfied:
(a) If
the person discharging the firearm, shotgun, rifle, air gun, longbow or
crossbow is a person who holds a currently valid license from the New York
State Department of Environmental Conservation and is visibly identified as a
Wildlife Control Officer, such visible identification at a minimum to include
such person's wearing the official uniform of a Wildlife Control Officer.
(b) The
discharge is in the course of said licensed Wildlife Control Officer's
performance of official duties.
(c) Said
licensed Wildlife Control Officer has received express permission to do so,
whether oral or written, from the owner of the property upon which said
discharge occurs.
(d) Said
licensed Wildlife Control Officer has in effect at the time of said discharge a
liability insurance policy issued by an insurance company licensed to do
business in the State of New York which includes not less than one million
dollars ($1,000,000.) in general liability insurance coverage.
(e) Said
licensed Wildlife Control Officer shall report any such discharge, either in
writing, in person or via telephone conversation, to the Village Clerk or to
the Clerk Part Time by the end of the next business day following any such
discharge.[1]
(f) Such
discharge occurs in a location that would not jeopardize the safety of any
person or property within the Village.
(g) Such
actions are taken by said Wildlife Control Officer in accordance with all
applicable provisions of New York State Law.
(2) In each case that said discharge results in the destruction of
an animal, said licensed Wildlife Control Officer shall immediately remove the
carcass of said animal and transport and dispose of the carcass, all in such
manner as shall provide adequate and appropriate protection to the Wildlife
Control Officer, the property owner and the residents of the Village against
the spread of the rabies disease, and in accordance with all applicable laws,
rules and regulations.
§ 67-4.
Applicability of statutory definitions.
The words and phrases used in this chapter shall,
for the purpose of this chapter, have the meanings ascribed to them by § 265.00
of the Penal Law of the State of
§ 67-5. Penalties for offenses.
Unless statutory provisions prevail, a
violation of any provision of this chapter shall be punishable by a fine not
exceeding two hundred fifty dollars ($250.) or imprisonment for not more than
fifteen (15) days, or both. Each day that such violation continues shall
constitute a separate violation.
§ 67-6. Exceptions. [Added 9-20-1993 by L.L. No.
13-1993, Amended 10-15-07 by L.L. No. 7-2007]
A.
Notwithstanding any term or provision of this chapter to the contrary,
if an owner of property within the Village meets all of the requirements and
criteria described in a Deer Management Program approved by the New York State
Department of Conservation (“DEC”) and authorized and adopted by the Village (a
“DEC Deer Management Program”), or otherwise establishes to the satisfaction of
the Village Board of Trustees that relief from certain prohibitions, restrictions
and/or requirements of this chapter shall be beneficial to the Village’s and/or
such property owner's efforts to manage or control the population of deer in
the Village and/or on said property owner's property, then the Board of
Trustees may, by resolution, grant such property owner relief from certain of
the prohibitions, restrictions and/or requirements of this chapter in
accordance with the following conditions. The Board of Trustees, in such
circumstances, may authorize the discharge of a longbow on such property
owner's property, provided that:
(1)
The longbow is hand-powered.
(2)
No more than a total number of persons based upon
one (1) person per ten (10) acres of the property in question is permitted to
engage in such discharge of longbows at any given time; provided, however, that
up to two (2) persons shall be permitted to engage in such discharge on
properties of less than ten (10) acres.
(3)
Discharge of such bows may occur only during
daylight hours of the legal hunting season as designated each year by the DEC, or such times and
hours as may be designated by the Board of Trustees, whichever is more
restrictive.
(4)
Any arrows discharged must be distinctively marked with a description
of the markings provided to the landowner.
(5)
In addition to all requirements provided for in this Section 67-7, the
discharge of such longbows and all activities related thereto must conform in
all respects to the requirements and criteria described in the DEC Deer Management Program governing the property in question. In the event of any conflict between the
provisions of this Section 67-7, and the DEC Deer Management Program governing
the property in question, the Board of Trustees, in granting the relief
provided for above, shall determine which provisions apply.
(6)
Persons who seek to so discharge longbows must park their vehicles out
of view from any public roadway, and discharge of a longbow must occur in an
area not visible from any public roadway.
(7)
Such longbow discharge may not (i) occur within five hundred (500) feet
of any dwelling house, farm building or farm structure actually occupied or
used, school building, school playground, or occupied factory or church, or
(ii) result in the arrow passing over a public highway or any part thereof.
(8)
The property owner or his/her/its designated agent must notify all
adjacent property owners by letter (a copy of which is also to be provided to
the Village Board of Trustees) as to (i) the dates and times during which such
longbow discharge may occur, (ii) the name and address of the property owner to
whom complaints should be directed, and (iii) the requirement that a copy of
any such complaint be sent to the Board of Trustees.
(9)
In the event that such longbow discharge results in the wounding of a
deer and that deer’s movement to an adjacent property, the person responsible
for such wounding shall, prior to entering such adjacent property in pursuit of
the wounded deer, make a good faith effort to seek and obtain permission from
the adjacent property owner, and shall otherwise comply with all applicable
provisions of the DEC Deer Management Program governing the activity involved.
(10) No person involved in any of the
foregoing activities shall bleed or slaughter any deer on any property adjacent
to the property of the owner requesting the foregoing relief from the
requirements of this chapter.
B.
In the event that a Village property owner has satisfied the Board of
Trustees
that such property owner is entitled to such relief,
said property owner must enter into a written instrument confirming the
property owner's agreement to abide by all the foregoing conditions, which
agreement shall remain in effect for no more than one (1) year although it may
be renewed upon application to the Board of Trustees. The terms of this section
shall not amend, modify, alter or change any term or provision of this chapter
other than as expressly set forth in this section.