Town of Penfield, NY Chapter 116 Firearms

[HISTORY: Adopted by the Town Board of the Town of Penfield 10-8-1970. Amendments noted where applicable.]

§ 116-1 Title.

This chapter shall be known as the "Firearms Ordinance of the Town of Penfield."

§ 116-2 Prohibitions.

[Amended 9-6-1977, 6-4-1984, 11-19-1984, 3-6-1989; 6-1-1990; 12-16-2015 by L.L. No. 3-2015]

A. It shall be unlawful for any person to discharge any shotgun, revolver, pistol or rifle within the area of the Town set forth on the Official Town Map.

B. It shall be unlawful for any person to discharge any shotgun, revolver, pistol or rifle:

(1) Within 500 feet of any dwelling house, school building, school playground or any other occupied structure.

(2) Within 1,000 feet of any dwelling house, school building, school playground or any other occupied structure in the case of a rifle of .22 caliber or more.

§ 116-3 Exceptions.

The provisions of this chapter shall not apply to:

A. Any peace officer while engaged in carrying out his/her duties.

B. Any resident of the Town of Penfield or any person authorized in writing by such resident while engaged in exterminating wildlife or vermin that is damaging the crops on such resident's land, such land consisting of not less than five acres.

[Amended 6-1-1990]

C. The regulated use of a pistol, rifle or target range operated and maintained by any duly organized membership corporation.

D. Programs conducted by public schools offering instruction and training in the use of firearms or longbow.

[Added 12-7-1970]

E. Programs conducted by the Town Recreation Department or by persons certified by the National Rifle Association and approved by the New York State Department of Environmental Conservation offering instruction and training in the use of firearms; provided, however, that no person shall discharge a firearm in such a way as will result in the load passing over a public highway, or any part thereof, or discharge a firearm within 500 feet of a dwelling house, farm building or farm structure actually occupied or used, school building, school playground or occupied factory or church.

[Added 12-7-1970; amended 12-16-2015 by L.L. No. 3-2015]

§ 116-4 Posting of notice.

Signs giving notice prohibiting the discharge of firearms in the area described in § 116-2A of this chapter shall be posted along each highway at the entrance to that area.

§ 116-5 Penalties for offenses.

[Amended 12-7-1970]

Any violation of this chapter is hereby declared to be a misdemeanor, punishable as follows:

A. For a first conviction, by a fine of not less than $25 nor more than $100.

B. For a second conviction within five years of a previous conviction, by a fine of not less than $50 nor more than $150.

C. For a third or subsequent conviction within five years of the first two or more previous convictions, by a fine of not less than $100 nor more than $200 or by imprisonment not to exceed 15 days, or both.

[Amended 12-16-2015 by L.L. No. 3-2015]