Article 10-8
LASER POINTERS

Sections:

10-8-1 Purpose and Intent

10-8-2 Definitions

10-8-3 Reserved

10-8-4 Prohibited Uses

10-8-5 For Penalty Provision; See Section 10-1-23

10-8-1 Purpose and Intent

The Town Council of Oro Valley enacts this Code to address public safety, health and nuisance concerns created by the mishandling of laser pointer devices.

The Council finds that:

A.  The Federal Drug Administration and other agencies have issued warnings on the misuse of laser pointers, particularly in connection with minors;

B.  Laser pointers misuse has been associated with visual impairment, such as temporary "flashblindness", headaches and "afterimages";

C.  In addition to visual impairment, exposure to lasers can cause temporary distraction or panic, posing the potential for serious physical harm in some cases;

D.  Laser pointer beams have been misused by minors and others to distract, harass, alarm or annoy persons or animals, and can be mistaken for the laser sighting device of a firearm; and

E.  Laser pointer use with the Town threatens public peace, safety and welfare, and should be regulated.

The Council enacts this Code pursuant to its police powers, as specified in the Arizona Revised Statutes.

(02-07, Added, 03/20/2002)

10-8-2 Definitions

In this Code, the following words and terms shall have these defined meanings;

A.  Town is the Town of Oro Valley.

B.  Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of the age of a minor.

C.  Laser pointer means any hand-held device containing a small diode laser that is capable of emitting an intense beam of light.

D.  Minor means an unemancipated person less than eighteen (18) years of age.

E.  Person means an individual, partnership, cooperative association, private corporation, personal representative, trustee, receiver, assignee or any other legal entity.

(02-07, Added, 03/20/2002)

10-8-3 Reserved

10-8-4 Prohibited Uses

A.  It shall be unlawful for any person to direct the light from a laser pointer into the eye or eyes of another person.

B.  It shall be unlawful for any person to direct the light from a laser pointer upon another person, a person’s vehicle, or upon an animal, without consent.

C.  This Section shall not apply to:

1.   A person who is licensed or otherwise authorized by law to use a laser device in the person’s profession if the laser device is used by the person in discharging or attempting to discharge the person’s official duties; or

2.   A law enforcement officer who uses a laser device in discharging or attempting to discharge the officer’s official duties.

(02-07, Added, 03/20/2002)

10-8-5 For Penalty Provision; See Section 10-1-23