Any device designed, made, or adapted to expel a projectile
through a barrel by using the energy generated by an explosion or
burning substance, by means of compressed air, compressed gas, springs,
or any other means capable of discharging shots, cartridges, pellets,
missiles, projectiles or any object, or any device readily convertible
to that use. Firearms specifically include, but are not limited to
the following:
Any object or device that is a toy version or facsimile of,
or is reasonably likely to be perceived as, a pistol, revolver, shotgun,
rifle, or other firearm.
(Ordinance 610-02 adopted 5/14/02)
(a)
A
person commits an offense if the person discharges any kind of firearm,
or other weapon designed for the purpose of firing or discharging
a shell, cartridge, or projectiles of any kind, regardless of whether
the shell or cartridge is blank or live ammunition, within the city.
(b)
It
is a defense to prosecution under this section that:
(1)
The person was a law enforcement peace officer acting in the performance
of his or her official duties;
(2)
The person was at a shooting range operated by the United States
government, the state, or a political subdivision of the state, or
which is privately operated if approved by the city police department;
(3)
The person was using blank cartridges for a show or theatrical production,
or for signal or ceremonial purposes in athletics or sports, or by
a military organization;
(4)
The person discharged the weapon in the protection of life or property
as defined in the penal statutes of the state, so long as such discharge
was not done in a reckless or negligent manner; or
(5)
The person was participating in an amusement arcade or paintball
amusement facility or event specifically authorized or permitted by
the city.
(Ordinance 610-02 adopted 5/14/02)
(b)
It
is a defense to prosecution under this section that:
(1)
The person was a law enforcement peace officer acting in the performance
of his or her official duties;
(2)
The person was at a shooting range operated by the United States
government, the state, or a political subdivision of the state, or
which is privately operated if approved by the city police department;
(3)
The person was using blank cartridges for a show or theatrical production,
or for signal or ceremonial purposes in athletics or sports, or by
a military organization;
(4)
The person discharged the weapon in the protection of life or property
as defined in the penal statutes of the state, so long as such discharge
was not done in a reckless or negligent manner; or
(5)
The person was participating in an amusement arcade or paintball
amusement facility or event specifically authorized or permitted by
the city.
(Ordinance 610-02 adopted 5/14/02)
(a)
No
parent or any other person having legal control or custody of any
child under the age of seventeen (17) years shall allow or permit
such child to discharge, display or brandish any kind of firearm or
replica firearm within the city.
(b)
A
violation of this section by any child under the age of seventeen
(17) years shall be prima facie evidence of the guilt of the parent
or person having legal control or custody of such child.
(Ordinance 610-02 adopted 5/14/02)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 610-02 adopted 5/14/02)
