[HISTORY: Adopted by the Town Board of the Town of Haverstraw: Art.
I, 7-8-1968 by ordinance (Ch. 19, Art. I, of the 1966 Code);
Art. II, 6-8-1981 as L.L. No. 1-1981 (Ch.
19, Art. II, of the 1966 Code). Sections 81-4 and 81-8A amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
[Adopted 7-8-1968 by ordinance (Ch. 19, Art. I,
of the 1966 Code)]
No person or persons shall, without consent of the Town Board, expressed
by resolution, enter upon any town-owned land or lands, whether such lands
are fenced and posted or not, while carrying, bearing or being in possession
of a firearm, gun or dangerous weapon of any description, including but not
limited to handguns, pistols, target pistols, revolvers, rifles and shotguns.
As used in this Article, the following terms shall have the meanings
indicated:
Specifically excludes any and all public ways, streets, roadways
or town highways.
This Article shall in no way abridge or limit the right of any person
defined and described in the New York State Code of Criminal Procedure as
a peace officer to bear arms on town-owned land.
A violation of this Article may be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both.
[Adopted 6-8-1981 as L.L. No. 1-1981
(Ch. 19, Art. II, of the 1966 Code)]
The Town Board of the Town of Haverstraw, being fully cognizant of the
fact that considerable damage has been done to the property of residents of
the Town of Haverstraw, and being also aware of the limited confines of areas
within the Town of Haverstraw and the close proximity thereto of residential
and other structures, parklands and property inhabited and used by residents
of the town, and being further aware that the use of firearms in the town
is a matter affecting the public health, safety and welfare which should be
subject to control by the town of Haverstraw, intends by the enactment of
this Article to regulate the discharge of firearms within the Town of Haverstraw.
No person shall, except in self-defense and/or when reasonably necessary
for the protection of life or property, fire or discharge or cause to be fired
or discharged any pistol, rifle, shotgun or any type of firearm within the
boundaries of the Town of Haverstraw. A "firearm" shall be defined herein
as it is in the Penal Law of the State of New York.
A.Â
The prohibitions contained in this Article shall not
apply to any officer of the law while engaged in the protection of the safety
of the people of the State of New York, nor shall they apply to a member or
guest of a gun club engaged in any shooting upon such gun club premises which,
except for this Article, is permitted by law.
B.Â
In all other instances, the Town Board may, upon written
request, adopt a resolution granting permission for other shooting activities.
A.Â
A violation of this Article may be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days, or both.
The continuation of an offense against the provisions of this Article shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder. [1]
B.Â
Nothing contained in Subsection A of this section shall prevent the Town Board of the Town of Haverstraw from maintaining an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any of the provisions of this Article or any rule or regulation promulgated hereunder.