[HISTORY: Adopted by the Municipal Council of the Township
of Irvington as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sales — See Ch. 478.
[Adopted 12-15-2015 by Ord. No. MC 3557]
A.
Sale of
toy pistols. It shall be unlawful for any person to sell or dispose
of to a minor any toy pistol or pistol that can be loaded with powder
and ball or blank cartridge to be exploded by means of metal caps,
but nothing herein contained shall apply to the sale or disposal of
what are known as "firecracker pistols," "torpedo pistols" or such
pistols as are used for the explosion of paper caps.
B.
It shall
be unlawful for any person to sell or offer to sell, possess or use
or attempt to use or give away any toy or imitation firearm which
substantially duplicates or can reasonably be perceived to be an actual
firearm unless:
(1)
The
entire exterior surface of such toy or imitation firearm is colored
white, bright red, bright orange, bright yellow, bright blue, bright
pink or bright purple, either singly or as the predominant color in
combination with other colors in any pattern; or
(2)
Such
toy or imitation firearm is constructed entirely of transparent or
translucent materials which permits unmistakable observation of the
imitation or toy firearm's complete contents; and
(3)
The
barrel of such toy or imitation firearm, other than the barrel of
any such toy or imitation firearm that is a water gun, is closed with
the same material of which the toy or imitation firearm is made for
a distance of not less than 1/2 inch from the front end of said barrel;
and
(4)
Such
toy or imitation firearm has legibly stamped thereon the name of the
manufacturer or some trade name, mark or brand by which the manufacturer
can be readily identified; and
(5)
Such
toy or imitation firearm does not have attached thereto a laser pointer.
C.
Subsection B of this section shall not apply to:
(1)
The
possession or display of toy or imitation firearms by a manufacturer
or dealer solely for purposes of sales that are accompanied by delivery
to a point without the Township;
(2)
Any
toy or imitation firearm that will be used only for or in the production
of television programs or theatrical or motion picture presentations;
provided, however, that such use of any toy or imitation firearm complies
with all applicable laws, rules or regulations concerning request
and receipt of waivers authorizing such use;
(3)
Nonfiring
collector replica antique firearms, which look authentic and may be
a scale model but are not intended as toys, molded on real firearms
designed, manufactured and produced prior to 1898.
A.
It shall
be unlawful for any person to sell, offer to sell or have in such
person's possession any air pistol or air rifle or similar instrument
in which the propelling force is a spring or air, except that the
sale of such instruments, if accompanied by delivery to a point without
the Township, and possession for such purpose shall not be unlawful
if such person shall have secured an annual license from the Township
authorizing such sale and possession. The sale and delivery of such
instruments within the Township from one licensee to another licensee,
and the use of such instruments in connection with an amusement licensed
by the Division of Consumer Affairs or at rifle or pistol ranges duly
authorized by law, shall not be considered a violation of this section.
B.
All persons
dealing in such instruments referred to in this section shall keep
a record showing the name and address of each person purchasing such
instrument or instruments, together with place of delivery, and said
record shall be open to inspection during regular business hours by
the officers of the Public Safety Department of the Township.
C.
Every person
to whom a license shall be granted the instruments described in this
section shall pay an annual fee of $10.
