[HISTORY: Adopted by the City Council of the City of Saratoga
Springs as Ch. 42 of the 1970 Code; amended in its entirety 8-1-2023. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes those devices commonly known as "air rifles," "BB
guns" and "pellet guns" which propel a projectile through the use
of compressed air or other compressed gas.
Includes any device defined as a "firearm," "rifle," "shotgun,"
"machine gun," "assault weapon," and "antique firearm," as those terms
are or hereafter may be defined in the New York State Penal Law.
A.Â
No person shall engage in hunting nor discharge any firearm or air
rifle within the Inside Tax District of the City of Saratoga Springs,
or in the following areas of the Outside Tax District of the City
of Saratoga Springs, New York:
(1)Â
Bounded on the west by the easterly boundary of the Inside Tax District,
including the established easterly boundary of the territory annexed
from the Town of Greenfield; on the north by the southerly boundary
of the Town of Wilton and the Town of Greenfield; on the east by Weibel
Road and Gilbert Road; and on the south by that portion of Union Avenue
from Gilbert Road to the east side of New York Route 87 and southerly
along said east line of New York Route 87 to Crescent Avenue and following
along the south side of Crescent Avenue to South Broadway (Route 9).
(2)Â
Bounded on the south by New York State Route No. 50; on the west
by the Town of Milton line; on the north by the Town of Greenfield
line; and on the east by the westerly boundary line of the Inside
Tax District.
B.Â
No person shall discharge any firearm or air rifle within 500 feet
of a dwelling or place of business in the City of Saratoga Springs.
C.Â
(1)Â
The discharge of a firearm or air rifle under circumstances that
would constitute justification under Article 35 of the New York State
Penal Law.
(2)Â
The discharge of a firearm or air rifle pursuant to a licensed or
permitted event, display, parade or exhibition.
(3)Â
The discharge of a firearm or air rifle by law enforcement officers
in the performance of their official duties.
(4)Â
The discharge of a firearm or air rifle by members of any club, team
or society duly organized for educational purposes discharging firearms
at an indoor range under proper supervision.
D.Â
Penalties. Any person violating the provisions of this section shall,
upon conviction, be subject to a fine of not less than $250 nor more
than $2,500 for each offense, and each discharge shall constitute
a separate offense.
A.Â
Except as otherwise provided in this section, all firearms or air
rifles which are carried by any person or persons in the Urban Core
District shall be enclosed in an opaque case or covering.
B.Â
Exceptions. The provisions of Subsection A above shall not apply to:
(1)Â
Firearms or air rifles employed in response to an emergency.
(2)Â
Firearms or air rifles carried by law enforcement personnel or military
personnel.
(3)Â
Firearms or air rifles carried under license issued pursuant to state
or federal law.
(4)Â
Firearms or air rifles carried as part of a licensed or permitted
event, display, parade, or exhibition.
C.Â
Persons charged with a violation of this section shall be issued
a verbal warning by the enforcing officer upon the first offense,
provided that said person is not at the time charged with a violation
of any provision of the Penal Law.
D.Â
The Police Department is authorized to enforce the provisions of
this section.
E.Â
Penalties. Any person found guilty of a violation of this section
shall, upon conviction, be subject to a fine of $100.
A.Â
FIREARM
IMMEDIATE CONTROL
SECURE GUN STORAGE OR SAFETY DEVICE
(1)Â
(2)Â
(3)Â
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall have the same meaning as in § 115-1, except that such term shall not include an antique firearm as that term is defined under 18 U.S.C. § 921(16).
Having the ability and the means to immediately direct and
regulate the use of the firearm.
A device that, when installed on a firearm, is designed to prevent
the firearm from being operated without first deactivating the device;
A device incorporated into the design of the firearm that is
designed to be prevent the operation of the firearm by anyone not
having access to the device; or
A safe, gun safe, gun case, lock box, or other device that is
designed to be or can be used to store a firearm and that is designed
to be unlocked only by means of a key, a combination, or other similar
means.
B.Â
Safe storage required. No person who owns or has control of a firearm
shall remove that firearm from his or her immediate control without
first securing that firearm with a secure gun storage or safety device.
C.Â
Penalties. Any person found guilty of a violation of this section
shall, upon conviction, be subject to a fine of $100.
A.Â
IMPAIRED
INTOXICATED
PUBLIC PLACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
In a state or condition that meets the definition of "impaired
by alcohol, impaired by drugs, or impaired by a combination of alcohol
and drugs while operating a motor vehicle," as established by § 1192
of the New York State Vehicle and Traffic Law.
In a state or condition that meets the definition of "intoxicated
while operating a motor vehicle," as established by § 1192
of the New York State Vehicle and Traffic Law.
Any place to which the public or a substantial number of
persons has access.
B.Â
No person shall be intoxicated or impaired by alcohol or drugs, or
by a combination of alcohol and drugs, in a public place while in
possession of a firearm.
C.Â
A person shall be chargeable with a violation of this section regardless
of whether or not he or she has been convicted of or has pled guilty
to a violation of § 1192 of the New York State Vehicle and
Traffic Law.
