No person shall, except in necessary defense of person or property,
use any pistol, revolver, rifle, shotgun, gun, air rifle, CO2 pistol, air gun, bow and arrow, slingshot or any firearm
or weapon from which a shot or other is discharged, within the City
of Lewes, except as herein provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall, except in necessary defense of person or property,
fire or discharge any pistol or revolver, rifle, shotgun, gun, air
rifle, CO2 pistol, air gun, bow and arrow,
slingshot or any firearm or weapon from which a shot or other object
is discharged, within the City of Lewes, except in hunting season
or during regular hunting season while actually hunting on his or
her own property or on the property of another where he has obtained
permission from the owner. It shall be lawful for properly licensed
persons to hunt, pursue, chase, shoot or take wild birds and wild
animals, reptiles, amphibians or frogs within the City of Lewes, provided
that such person or persons are in complete compliance with all game
laws and fish laws of the State of Delaware.
Pistols, revolvers, rifles, shotguns, air rifles, CO
2 pistols, air guns, bows and arrows and slingshots shall be deemed to be used within the terms of this chapter if they are carried, loaded or discharged by any person, except as permitted in §
97-2, or where a permit for carrying has been issued by a county or city of the State of Delaware. The transporting of said firearms by automobile or other conveyance through the City, which firearms are not loaded and are being transported, shall not be deemed to be a violation of this section. It shall be unlawful at any time for a person or persons to hunt, shoot or otherwise attempt to take any wild bird, animal, reptile, amphibian or frog not covered by the game or fish laws of the State of Delaware.
The police officers of the City are hereby authorized to seize
and retain any rifle, air rifle or air gun of any description, ammunition
or pellets for the same, or any bows and arrows, slingshots, guns
or any firearms or weapons from which a shot or other object is discharged,
which shall be used, discharged or possessed within the City in violation
of this chapter, until disposition of the case.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall, upon conviction, be subject to a fine of not less than $50
nor more than $500 and imprisonment for a term of not less than 20
days nor more than 60 days for each such conviction. Each day that
a violation of any of the provisions of this chapter continues shall
be deemed and taken to be a separate and distinct violation.