HomeMy WebLinkAboutProposed Local Law J - Weapons Discharge.pdfVillage of Cayuga Heights
Proposed Local Law 6 of the Year 2013
A LOCAL LAW AMENDING ARTICLE I,
FIREARMS AND OTHER DANGEROUS WEAPONS,
OF THE VILLAGE OF CAYUGA HEIGHTS ARTICLES,
AS PREVIOUSLY AMENDED BY LOCAL LAW 1 OF 2012
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SECTION I PURPOSE AND INTENT
The purpose of this local law is to amend Article I, Firearms and Other Dangerous Weapons, of
the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012. The
intention of this Local Law is to provide additional detail and terms to the exception to Article I,
Section 2 for actions taken in furtherance of the Village’s deer management program, and to
include actions taken by landowners in connection with management of deer on their property.
SECTION II AUTHORITY
This Local Law is enacted pursuant to the grant of powers to local governments provided for in
Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with
the provisions of the New York State Constitution or not inconsistent with any general law
relating to its property, affairs, government or other subjects provided for in said Section 10 of
the Municipal Home Rule Law.
SECTION III AMENDMENT OF ARTICLE I,
FIREARMS AND OTHER DANGEROUS WEAPONS
As of the effective date of this Local Law, Article I, Firearms and Other Dangerous Weapons, of
the Village’s Articles, as previously amended by Local Law 1 of 2012, shall be amended by
deleting Section 2 in its entirety and replacing it with the following language:
SECTION 2
It is prohibited within in the Village of Cayuga Heights for any person to carry a firearm,
shotgun, rifle, air gun, any bow or other instrument that can discharge a projectile, when loaded,
except in the course of official duty. It is prohibited within the Village of Cayuga Heights for any
person to discharge, or cause to discharge, a firearm, shotgun, rifle, air gun, any bow or other
instrument that can discharge a projectile, except in the course of official duty or self-defense.
EXCEPTION: The provisions of this Article I, Section 2 shall not apply to actions taken in
furtherance of or in connection with the Village’s deer management program, provided that such
actions are taken in accordance with the following terms:
A. Such actions may be taken by any agent or contractor of the Village of Cayuga Heights,
provided that the agent or contractor takes such actions in accordance with:
i. a currently valid contract executed by the Village and such agent or contractor;
and
ii. a currently valid New York State Department of Environmental Conservation
permit for such actions; and
iii. all applicable New York State laws and regulations, including the requirements of
New York State Environmental Conservation Law Section 11-0931, including as
such Section may be amended hereafter.
B. Such actions may be taken by a landowner or group of landowners, or the agents,
contractors or employees of a landowner or group of landowners, provided that the such
person or persons take such actions in accordance with the following terms:
i. Such actions are taken on the landowner’s property or the group of landowners’
properties.
ii. Prior to taking such actions, the landowner has delivered to the Village of Cayuga
Heights Police Department a copy of a currently valid New York State
Department of Environmental Conservation Permit to Take or Harass Nuisance or
Destructive Wildlife (sometimes referred to as a “Deer Damage Permit”), or such
equivalent permit as the Department of Environmental Conservation may issue in
the future for such purposes, for taking the intended actions, and such actions are
taken in accordance with such permit.
iii. Such actions are taken in accordance with all applicable New York State laws and
regulations, including the requirements of New York State Environmental
Conservation Law Section 11-0931, including as such Section may be amended
hereafter.
iv. Only hand powered long bow and/or crossbow equipment is used.
v. In the event that such long bow or crossbow discharge results in the wounding of
a deer and that deer’s movement off of the permit holder’s property, the person
responsible for such wounding
a. shall, prior to entering such other property, make a good faith effort to seek
and obtain permission from the other property owner, and
b. relocate the carcass of the deer onto the permit holder’s property, unless such
person has received permission from the other property owner to process the
deer carcass on the other property owner’s property.
The terms of these exceptions shall not amend, modify, alter or change any term or provision of
this Local Law other than as expressly set forth in these exceptions.
SECTION IV SUPERSEDING EFFECT
All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga
Heights in conflict with the provisions of this Local Law are hereby superseded to the extent
necessary to give this Local Law full force and effect.
SECTION V VALIDITY
The invalidity of any provision of this Local Law shall not affect the validity of any other
provision of this Local Law that can be given effect without such invalid provision.
SECTION VI EFFECTIVE DATE
This Local Law shall be effective as of the date of filing with the New York Secretary of State,
except that it shall be effective from the date of service as against a person served with a copy
thereof, certified by the Village Clerk, and showing the date of its passage and entry in the
Minutes of the Village Board of Trustees.