I think that this (below) is the part of the law that can be enforced at
Stewart Park, it surely falls under the definition of a playground.
However be very aware of possible consequences. It may surprise you
that less than 12% of the DEC's budget comes from taxes. That leaves a
whopping 88% from hunting and fishing. For 2013-2014 the DEC budget was
almost 900 million dollars. Do the math and you can see that if you
don't hunt or fish you didn't put very much into DEC's coffers. When
push comes to shove who do you thing the DEC will listen to?
We birders have skated on the coat-tails of sportsmen and women whether
we like to admit it or not. The wetlands and forests we love to go and
watch birds were not paid for by us. If we make it hard for hunters it
may boomerang and come back on us as birders that will end up being
restricted.
As I have said before it is time we started paying our dues. We can
start by purchasing Duck Stamps to help pay for the conservation we use.
We must find other ways to help pay for our enjoyment the same as
hunters and anglers do now. Let's face it we are the minority in this
issue and we are walking on thin ice.
While it is the law that you can not possess a firearm on Stewart Park
land, it is also the law that you can not harass hunters and anglers.
Just keep in mind that if we push too hard we could be the looser here.
Just saying.
Carl Steckler
*NYS Hunting Law:*
It is illegal to discharge a firearm, longbow or crossbow:
* so that the load or arrow passes over any part of a public highway,
* within 500 feet (for a firearm), 250 feet (for a crossbow) or 150
feet (for a longbow) of any school, playground, or an occupied
factory or church,
* within 500 feet (for a firearm), 250 feet (for a crossbow) or 150
feet (for a longbow) of a dwelling, farm building or structure in
occupation or use unless you own it, lease it, are an immediate
member of the family, an employee, or have the owner's consent.
* You may hunt waterfowl with a firearm or longbow, over water, within
500 feet of a dwelling or public structure as long as neither are
within 500 feet (for a firearm) or 150 feet (for a longbow) in the
direction you are shooting. You may not hunt waterfowl with a crossbow.
For the purpose of these laws, definitions are as follows:
*Dwelling houses* -- a permanent place where people live and sleep.
Excluded are temporary residential units including camping trailers,
motor homes or other portable shelters. Also excluded are abandoned
dwellings, detached garages, tree houses, "playscapes", decks, pool
areas, storage sheds and out-buildings - even when/if they are
temporarily occupied. A permanent camp or cabin may qualify as a
"dwelling house".
*Farm building, farm* *structure that is either occupied or used* --
these structures are largely determined on a case-by-case basis. To
qualify, the premises alleged to be a farm must be utilized principally
for agricultural production for commercial purposes, including but not
limited to crops, fruit, hay, livestock, production of dairy products,
nurseries/greenhouses. There is no minimum number of acres that must be
either owned or farmed to qualify. To receive protection the farm
building or farm structure must be either occupied by people or
livestock or used in some, even small, degree for storage of farm
related tools, equipment or livestock. Excluded would be structures and
out-buildings on acreage or lands that are not a "farm" even if they are
temporarily occupied.
*School building, school playground* -- a school building is any
building owned by a school district. A school playground is interpreted
to mean any area that is maintained by the school including mowed lawns
and fields, athletic fields, playgrounds, and/or other areas where
students engage in school sponsored activities. Excluded are school
parking lots. A maintenance building or bus garage owned by a school
district is not a "school building" but would be a "factory" as
discussed below.
*Factory or church* -- A factory is interpreted to mean any building or
structure used for commercial purposes. The discharge of a firearm or
longbow within 500 feet of a factory or church is prohibited only when
such building is occupied at the time of discharge.
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