It shall be unlawful and it is hereby prohibited for any person, persons,
firm or corporation to store, sell, offer or expose for sale at retail or
have in their possession with intent to sell at retail or have in their possession
on any public street, alley, place, yard or lot within the limits of the Township
of West Goshen any air rifle or air pistol, commonly known as a "BB gun,"
"slingshot" or any similar device. The term "a sale at retail" shall mean
any sale of less than one dozen such articles or any sale to anyone who is
not a bona fide dealer therein.
The Chief of Police of the Township of West Goshen or any member of
the Police Department of the township is hereby authorized to seize, remove
and destroy any air rifle or air pistol, commonly known as a "BB gun," "slingshot"
or similar device, which is held and possessed within the Township of West
Goshen in violation of this chapter.
The provisions of this chapter shall not apply to such offenses as can
be prosecuted under the provisions of any state law nor shall they apply to
guns or pistols having rifled barrels and being commonly used for target practice
and the shooting of small game. For the purposes of this chapter, such articles
shall be deemed to be a deadly weapon and subject to the laws of the Commonwealth
of Pennsylvania with respect to the sale and use thereof.
[Amended 7-24-1996 by Ord. No. 7-1996; 3-12-1997
by Ord. No. 2-1997]
Any person who violates or permits the violation of any provision of
this chapter shall, upon conviction thereof in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be subject to the payment of a fine
of not less than $100 and not more than $1,000, plus the costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
in the County Prison for a term of not more than 30 days. Each provision of
this chapter that is violated shall constitute a separate offense, and each
day or portion thereof in which a violation of this chapter is found to exist
shall constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice of not less than $100 and
not more than $1,000, plus the costs of prosecution, or upon default of payment
thereof, the defendant may be sentenced to imprisonment in the County Prison
for a term of not more than 30 days. All fines and penalties collected for
the violation of this chapter shall be paid to the Township Treasurer.