IX. Weapons

Chapter 9.92
DISCHARGING FIREARMS

Sections:

9.92.010  Discharge of weapons prohibited.

9.92.020  Permitting process for allowed discharge.

9.92.030  Confiscation of firearm or other device, ammunition, paint ball, or projectile.

9.92.040  Severability.

9.92.050  Penalty for violation.

9.92.010  Discharge of weapons prohibited.

It is unlawful to fire or discharge, or cause to be fired or discharged, within the city limits any firearm, rifle, pistol, pellet gun, gas-operated gun, sling shot, spring gun, bow, crossbow, or any other weapon designed to discharge or propel any projectile capable of causing injury or defacement of property within the city, within 500 feet of a home, residence or other structure that is or might be occupied by people or to point or aim such a device at any person or domestic animal or motor vehicles; provided, however, the provisions of this section shall not apply to:

A.  Peace officers when acting in the line of duty;

B.  Persons otherwise lawfully acting to protect life or property;

C.  Persons so discharging in or upon an educational institution as a curricular activity or a business establishment licensed by the city for such purposes;

D.  Any person who has obtained a permit from the city council to discharge one or more of the above-referenced instruments for a personal and/or business purpose of for an archery or shooting club; or

E.  Any person who, with the consent of the owner of a private building, discharges one or more of the above-referenced instruments known as air rifle, air gun, b.b. gun, paint ball gun, pellet gun, gas-operated gun, sling shot, spring gun, bow, or crossbow for personal practice purposes within said private building, where the projectiles thereof cannot penetrate to the exterior of such building. (Ord. 91-16 § 2, 1991).

9.92.020  Permitting process for allowed discharge.

In issuing any such permit or permits, the city council shall designate the particular location where such discharge is allowed, the period of time during which such discharge is allowed and the specific business purpose for which such discharge is allowed. The city council may further condition any such permit to provide additional protection of the public health, safety and welfare. (Ord. 91-16 § 2, 1991).

9.92.030  Confiscation of firearm or other device, ammunition, paint ball, or projectile.

It shall be the duty of any peace officer of the city to take from the possession of any person any of the said above-described instruments, weapons or devices that are being or have been used in violation of the same in accordance with instructions of the chief of police. (Ord. 91-16 § 2, 1991).

9.92.040  Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portions thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 91-16 § 2, 1991).

9.92.050  Penalty for violation.

It is unlawful for any person, firm, partnership, or corporation to violate any provisions or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Ord. 91-16 § 2, 1991).