S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9215
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   October 28, 2009
                                      ___________
       Introduced by M. of A. FIELDS -- read once and referred to the Committee
         on Health
       AN  ACT to amend the public health law, in relation to the applicability
         of noise ordinances to sport shooting ranges
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  1300-d to read as follows:
    3    S 1300-D. APPLICABILITY OF NOISE ORDINANCES TO SPORT SHOOTING  RANGES.
    4  1. NO ORDINANCE REGULATING NOISE SHALL SUBJECT A SPORT SHOOTING RANGE TO
    5  NOISE  CONTROL STANDARDS MORE STRINGENT THAN THOSE IN EFFECT AT THE TIME
    6  THE CONSTRUCTION OR OPERATION OF THE RANGE INITIALLY WAS  APPROVED.  THE
    7  OPERATION  OR USE OF A SPORT SHOOTING RANGE SHALL NOT BE ENJOINED ON THE
    8  BASIS OF NOISE, NOR SHALL ANY PERSON BE SUBJECT TO ACTION  FOR  NUISANCE
    9  OR  CRIMINAL  PROSECUTION IN ANY MATTER RELATING TO NOISE RESULTING FROM
   10  THE OPERATION OF THE RANGE, IF THE RANGE IS IN COMPLIANCE WITH ALL ORDI-
   11  NANCES RELATING TO NOISE IN EFFECT AT THE TIME CONSTRUCTION OR OPERATION
   12  OF THE RANGE WAS APPROVED.
   13    2. FOR PURPOSES OF THIS SECTION, "SPORT SHOOTING RANGE" MEANS AN  AREA
   14  OR  STRUCTURE DESIGNED FOR THE USE OF RIFLES, SHOTGUNS, PISTOLS, SILHOU-
   15  ETTES, SKEET, TRAP, BLACK POWDER, OR ANY OTHER SIMILAR SPORT SHOOTING.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14887-01-9