(a) Firearm. Peace officer.
Definitions.
Any device capable of discharging a projectile through a barrel using the energy generated by an explosive charge or burning substance or any device readily convertible to such use, or any device capable of discharging a projectile through a barrel using the energy by compressed air, including, without limitation, an air gun, BB gun, paint ball gun or toy gun.
(b)
Prohibition; exceptions.
It shall be unlawful to discharge a firearm within the incorporated limits of the city; providing, however, that the following are defenses to prosecution under this section:
(1)
The person discharging the firearm was a peace officer acting in the performance of his official duties;
(2)
The person discharging the firearm was lawfully defending a person or property; or
(3)
The firearm discharged was a toy gun not capable of discharging a projectile a distance in excess of fifty (50) feet.
(c)
Penalty.
Any person violating this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00). Such penalty shall be cumulative and not exclusive of any other rights or remedies the city may have.
(Ordinance 96-11-18-1, secs. 1–3, adopted 12/1/96)