2006 New York Code - Shooting Ranges

 
    §  150.  Shooting  ranges.  1.  In  any action or proceeding commenced
  against an owner or user of a shooting range where one or more causes of
  action asserts a claim based on noise or noise pollution resulting  from
  the  inherent  shooting  activity on such shooting range, it shall be an
  affirmative defense that, at the time of the commencement of the  action
  or  proceeding,  the shooting range is in compliance with any applicable
  noise control laws or ordinances, or, if the  applicable  noise  control
  laws  or ordinances have no legal force and effect against such owner or
  user or there are no applicable noise control laws or ordinances at  the
  time  of  the  effective date of this section, then the A-weighted sound
  level of small arms fire on the shooting range does not exceed 90  dB(A)
  for  one  hour out of a day, or does not exceed 85 dB(A) for eight hours
  out of a day measured at, or adjusted to, a distance of one hundred feet
  outside the real property boundary of the shooting range.  An  owner  or
  user  may  move  for  judgment  dismissing  one or more causes of action
  asserted against him on the ground that a  cause  of  action  cannot  be
  maintained because of such affirmative defense.
    2.  Nothing  in  this  section  shall  in  any way limit the rights or
  remedies which are otherwise available to a person under any other law.
    3. Notwithstanding the provisions of subdivisions one and two of  this
  section,  no  shooting  range  shall  be operated during the period from
  10:00 PM until 7:00 AM unless a  local  law  or  ordinance  specifically
  authorizes  the  operation of a shooting range during all or any portion
  of such time period.
    4. For the purposes of this section:
    (a) "Shooting range" shall mean an outdoor range equipped with targets
  for use with firearms and shall include, but  not  be  limited  to,  all
  rifle, pistol and shotgun ranges.
    (b)  "A-weighted  sound  level"  shall  mean  the sound pressure level
  measured by the use of an instrument with the  metering  characteristics
  and  A-weighting  frequency  response  prescribed  by sound level meters
  using the impulse response mode.
    (c) "Sound pressure level" shall mean twenty times  the  logarithm  to
  the  base  ten of the ratio of the root mean squared pressure of a sound
  to a reference pressure of twenty micropascals. The unit applied to this
  measure shall be the decibel (dB).
    (d) "Small arms" shall mean  projectile  firearms  of  small  caliber,
  including rifles, pistols, and shotguns.