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