[HISTORY: Adopted by the Town Board of the Town of Huntington 10-24-1967 by L.L. No. 2-1967 (Ch. 18 of the 1969 Code of the Town of Huntington). Amendments noted where applicable.]
The following definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein:
FIREARM
Includes a weapon which acts by the force of gunpowder or from which a shot is discharged by the force of an explosion, as well as an air rifle, an air gun and a longbow.
PERSON
An individual, partnership, corporation, association or other organized group of persons, business entity or other legal entity.
[Added 10-17-2017 by L.L. No. 46-2017]
PROPERTY
Any land, improved or unimproved, situated within the borders of the Town of Huntington whether publicly or privately owned.
[Added 10-17-2017 by L.L. No. 46-2017]
RESIDENT
An individual who maintains a residence within the Town of Huntington.
[Added 10-17-2017 by L.L. No. 46-2017]
TOWN OF HUNTINGTON
Includes all areas within the Town of Huntington exclusive of areas wholly within any incorporated village.
(A) 
No person shall discharge a firearm in those areas of the Town of Huntington declared by this chapter to be areas in which such activity is hazardous to the general public or nearby residents.
(B) 
The areas described hereafter are hereby declared to be areas wherein the discharge of firearms is deemed hazardous to the general public or nearby residents and, therefore, prohibited: all the area within the Town of Huntington not included within the boundaries of the incorporated villages.
[Amended 12-9-1975 by L.L. No. 2-1975]
The provisions of this chapter shall not apply to:
(A) 
A law enforcement officer in the performance of his official duties.
(B) 
Programs conducted by public or private schools offering instruction or training in the use of firearms.
(C) 
The authorized use of a pistol, rifle or target range regularly operated and maintained by a police department or other law enforcement agency or by any duly organized membership corporation or by any municipal corporation.
[Amended 1-20-1976 by L.L. No. 1-1976]
(D) 
The lawful use of a firearm in the defense of person or property.
(E) 
Duly recognized parade or marching groups, including any United States military organizations and the Huntington Battalion of Minute Men and duly recognized veterans' groups.
[Added 1-20-1976 by L.L. No. 1-1976[1] ]
[1]
Editor's Note: An original Subsection (e), exempting the owner or lessee of a dwelling house or guests or family members from the provisions of this chapter, was repealed 6-25-1974 by Ord. No. 74-CE-20.
(F) 
Long bow hunting on private property, as outlined by the New York State Department of Environmental Conservation, pursuant to a validly issued license by the New York State Department of Environmental Conservation. Long bow hunting in accordance with this chapter and Chapter 159 of the Code of the Town of Huntington shall be permitted providing that:
[Added 9-16-2015 by L.L. No. 35-2015; amended 10-6-2015 by L.L. No. 44-2015; 10-17-2017 by L.L. No. 46-2017; 12-4-2018 by L.L. No. 40-2018]
(1) 
Notification.
(a) 
Written notification shall be given to the Town's Department of Public Safety and local police department, prior to the commencement of hunting activity; and
(b) 
Residents whose homes are within 150 feet of long bow hunting activity shall be notified, in writing, prior to the commencement of said activity whenever possible and/or as circumstances permit.
(c) 
Anyone who willfully disregards these provisions shall be subject to penalties as set forth in this chapter.
(2) 
No person shall:
(a) 
Discharge a long bow in such a way as will result in the arrow thereof passing over a public highway or any part thereof;
(b) 
Discharge a long bow within 150 feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, public structure, or occupied factory or church;
(c) 
The prohibitions described in subparagraph b of paragraph 2 above shall not apply to the owner or lessee of the dwelling house, or members of his immediate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a long bow within 150 feet of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or playground, public structure, or occupied factory or church;
(d) 
Anyone who willfully disregards these provisions shall be subject to penalties as set forth in this chapter.
[Amended 7-11-2000 by L.L. No. 17-2000; 5-22-2007 by L.L. No. 11-2007; 10-17-2017 by L.L. No. 46-2017; 11-6-2019 by L.L. No. 56-2019]
(A) 
Any person or business entity who commits an act in violation of this chapter shall, upon conviction thereof, be subject to a fine of not less than five hundred ($500) dollars and not more than one thousand five hundred ($1,500) dollars for a conviction of a first offense; upon the conviction of a second offense committed within five (5) years of the first offense, a fine of not less than one thousand ($1,000) dollars and not more than three thousand ($3,000) dollars; and upon conviction of a third or subsequent offense committed within five (5) years of the first offense, a fine of not less than one thousand five hundred ($1,500) dollars and not more than five thousand ($5,000.) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B) 
Any person or entity found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in subdivision (A) for a first offense and subsequent offenses, respectively.
(C) 
In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or any part thereof: an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.
[1]
Editor's Note: Original Section 18-4, which preceded this section and which provided for the posting of at least twelve (12) signs in each area where the discharge of firearms is prohibited, was repealed 2-6-1979 by L.L. No. 1-1979.