§ 150 — Shooting ranges

New York § 150

• Jurisdiction: New York
• Law GBS: General Business
• Art. 10: Shooting Ranges

Text

§ 150. Shooting ranges. 1. In any action or proceeding commenced\nagainst an owner or user of a shooting range where one or more causes of\naction asserts a claim based on noise or noise pollution resulting from\nthe inherent shooting activity on such shooting range, it shall be an\naffirmative defense that, at the time of the commencement of the action\nor proceeding, the shooting range is in compliance with any applicable\nnoise control laws or ordinances, or, if the applicable noise control\nlaws or ordinances have no legal force and effect against such owner or\nuser or there are no applicable noise control laws or ordinances at the\ntime of the effective date of this section, then the A-weighted sound\nlevel of small arms fire on the shooting range does not exceed 90 dB(A)\nfor one hour out of a day, or does not exceed 85 dB(A) for eight hours\nout of a day measured at, or adjusted to, a distance of one hundred feet\noutside the real property boundary of the shooting range. An owner or\nuser may move for judgment dismissing one or more causes of action\nasserted against him on the ground that a cause of action cannot be\nmaintained because of such affirmative defense.\n 2. Nothing in this section shall in any way limit the rights or\nremedies which are otherwise available to a person under any other law.\n 3. Notwithstanding the provisions of subdivisions one and two of this\nsection, no shooting range shall be operated during the period from\n10:00 PM until 7:00 AM unless a local law or ordinance specifically\nauthorizes the operation of a shooting range during all or any portion\nof such time period.\n 4. For the purposes of this section:\n (a) "Shooting range" shall mean an outdoor range equipped with targets\nfor use with firearms and shall include, but not be limited to, all\nrifle, pistol and shotgun ranges.\n (b) "A-weighted sound level" shall mean the sound pressure level\nmeasured by the use of an instrument with the metering characteristics\nand A-weighting frequency response prescribed by sound level meters\nusing the impulse response mode.\n (c) "Sound pressure level" shall mean twenty times the logarithm to\nthe base ten of the ratio of the root mean squared pressure of a sound\nto a reference pressure of twenty micropascals. The unit applied to this\nmeasure shall be the decibel (dB).\n (d) "Small arms" shall mean projectile firearms of small caliber,\nincluding rifles, pistols, and shotguns.\n