[HISTORY: Adopted by the Common Council of the City of Middletown 3-22-1999 (Ch. 66, Art. II of the 1971 Code). Amendments noted where applicable.]
For purposes of this chapter, the following definitions shall be applicable:
- LASER BEAM
- The light emitted by a laser pointer.
- LASER POINTER
- Any hand-held device which emits light amplified by the stimulated emission of radiation which is visible to the human eye, or which emits light in a stream which emulates or is similar to light-emitting devices which are used on handguns and rifles to aid in the targeting of objects.
- Any natural person, corporation, partnership, firm, organization or other legal entity.
- PUBLIC PLACE
- A place to which the public or a group of persons has access, and includes, but is not limited to, any street, highway, parking lot, sidewalk, plaza, transportation facility, taxicab, bus, train, trolley, place of amusement, park, playground, school, church, government facility or building, store, restaurant, office building, and any hallway, lobby and other portion of an apartment house, condominium project, motel or hotel not constituting a room or apartment designed for actual residence.
It shall be unlawful for any person to sell or offer to sell or cause any person to sell or offer to sell a laser pointer to any person 18 years of age or younger.
No person who sells or offers for sale laser pointers shall place such laser pointers on open display so that such laser pointers are accessible to the public without the assistance of such seller, its employees or agents, or unless such laser pointers are contained or stored within a sealed and locked case, or are located behind the service counter of such seller.
No person shall give, offer to give, transfer or offer to transfer a laser pointer to any person 18 years of age or younger.
A person is guilty of illegal possession of a laser pointer or illegal use of a laser pointer when:
Being 18 years of age or younger, such person possesses a laser pointer while in a public place;
Such person directs a laser beam into or through a public place;
Such person focuses, points or shines a laser beam directly or indirectly on, at or near another person or an animal in such a manner as to harass, annoy, menace, threaten, alarm or injure such other person or animal; or
Such person focuses, points or shines a laser beam directly or indirectly on, at or near a police officer, security guard, school safety officer, teacher, fire fighter, emergency medical service worker or ambulance worker, school crossing guard, or the vehicles of said persons.
The provisions of this chapter shall not be construed to apply to:
The temporary transfer of a laser pointer to, or possession of a laser pointer by, a person 18 years of age or younger for a valid instructional, school-related or employment purpose, where such laser pointer is used under the supervision of a school staff person, other authorized instructor or employer;
The direction of a laser beam into or through a public place by any person during such person's hours of employment, for a valid employment purpose;
The possession of a laser pointer where the person possessing such laser pointer was traveling to or from school, where the laser pointer would be or was used for a valid instructional, school-related or employment purpose under the supervision of a school staff person, other authorized instructor or the person's employer, and such person had not turned on the laser pointer or displayed it in a menacing, threatening, harassing, annoying, alarming or injurious manner; or
The possession of a laser pointer where the person possessing such laser pointer was traveling to or from his or her place of employment, where the laser pointer would be or was used during such person's hours of employment for a valid employment purpose, under the supervision of the employer, and such person had not turned on the laser pointer or displayed it in a menacing, threatening, harassing, annoying, alarming or injurious manner.
Any person who violates any of the provisions of this chapter shall be guilty of an offense within the meaning of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a fine of not less than $250 nor more than $1,000 for each violation, or to imprisonment not to exceed 15 days in jail for each violation, or to both such fine and imprisonment for each violation, and, in addition, the laser pointer shall be seized and impounded by the court.