[HISTORY: Adopted by the Town Board of the Town of Greenburgh 10-23-1985
by L.L. No. 9-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 600.
This chapter is intended to promote the public safety, health and welfare
of the residents and property of the Town of Greenburgh. In connection therewith,
the Town Board takes cognizance of the fact that the Town of Greenburgh is
a densely populated suburban town in the lower tier of the County of Westchester,
flanked to the south by the City of Yonkers, to the east by the City of White
Plains and the Village of Scarsdale, to the north by the Town of Mount Pleasant
and to the west by the Hudson River. There are six densely populated villages
in the Town of Greenburgh, four of which are situated to the west of the unincorporated
area of the Town, these being the Village of Hastings-on-Hudson, the Village
of Dobbs Ferry, the Village of Irvington and the Village of Tarrytown. In
addition, the Village of Ardsley is surrounded on three sides by the unincorporated
area of the Town and the Village of Elmsford is entirely surrounded by the
unincorporated area of the Town. The Town of Greenburgh is approximately 25
miles from Times Square and a significant proportion of its working population
commutes to the city on a daily basis. The Town has experienced significant
population growth and development since World War II and at this time there
are few undeveloped areas remaining in the Town. The largest open space areas
consist of cemeteries, golf courses, state- , county- and Town-owned lands
and a few large tracts of commercial property. The Town Board hereby finds
that due to the Town's densely populated area, there is a distinction between
the Town and the northern sections of Westchester County which requires the
strict regulation of the discharge of firearms and longbows in the Town. Being
aware of the suburban character of the Town and because of the limited confines
of areas within the Town of Greenburgh and the close proximity thereto of
residential and other structures and property inhabited and used by residents
of the Town, and being further aware that the use of firearms and longbows
in the Town is a matter affecting the public health, safety and welfare, which
matter should be subject to control by the Town of Greenburgh, the Town Board
intends by the enactment of this chapter to regulate the discharge of firearms
and longbows within the Town of Greenburgh.
No person shall, except in self-defense and when reasonably necessary
for the protection of life or property, fire or discharge or cause to be fired
or discharged any rifle, shotgun, air rifle, slingshot or firearm, as defined
in § 265.00 of the Penal Law, or discharge or cause to be discharged
any longbow, within the boundaries of the Town of Greenburgh.
A.
The prohibitions in this chapter 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 or the Town of Greenburgh, nor shall they apply to
a member or guest of a gun or archery club engaged in any shooting upon such
gun or archery club premises which, except for this chapter, is permitted
by law.
B.
The Town Board may permit the discharge of projectile-firing
ammunition from firearms upon any appropriate occasion of public ceremony,
provided that the following conditions are complied with:
(1)
Application is made, in writing, to the Town Clerk at
least seven days before the proposed use of firearms, showing that a responsible
adult will be in charge of the proposed use of firearms, and further showing
that precautionary measures for the protection of the public health which
are sufficient in the judgment of the Town Board will be taken by the applicant.
(2)
A bond, with sureties satisfactory to the Town Attorney,
shall be filed with the application before the proposed use of firearms, in
an amount satisfactory to the Town Board, conditioned for the payment of any
and all damages to any person or to any property caused by the proposed use
of firearms, and provided further that the Town Clerk may, in his or her discretion,
dispense with the posting of any such bond in the case of firing of memorial
salutes with rifles loaded with blank cartridges by any veteran's organization.
C.
Nothing in this chapter, however, shall be construed so as to prohibit a landowner from firing or discharging the instruments described in § 355-2 hereof upon his or her own premises, provided that such owner observes the other provisions of this chapter, and provided that such owner shall have first secured a permit for that purpose, issued by the Town Clerk; provided, however, that nothing contained herein shall permit firing or discharging of such instruments if it violates any other federal, state or local law, statute or ordinance.
The possession of any wounded or dead wild animals, wild birds or game
or the possession and carrying in the field of a shotgun or longbow shall
be presumptive evidence of discharge of a firearm or longbow.
No trapping of any kind will be permitted except on permit issued by
the Town Clerk. In no case may the trap be set above ground, in any path or
runway where domestic stock or protected wild birds or animals, including
dogs, may be caught or injured. No trap of the type known as the "jaw trap"
or "pole trap" shall be permitted to be used. Every trap in use shall have
a metal tag with the owner's name and address upon it.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be subject to a fine of not less than $100 nor more than $250 for
each offense. In addition thereto, said violation shall constitute disorderly
conduct, and the person violating this chapter shall be a disorderly person.
Each discharge of a firearm in violation of the provisions of this chapter
shall constitute a separate offense.
