549.14 BRANDISHING TOY, REPLICA OR FACSIMILE FIREARMS.

   (a)   (1)   “Firearm” means the same as in Section 549.01(b)(1).

      (2)   “Toy, replica or facsimile of a firearm” means any device or object made of plastic, wood, metal or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shot gun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm. As used in this section, “toy, replica or facsimile of a firearm” includes all inoperative firearms or any other device which might reasonably be perceived to be a real firearm.

   (b)   No person shall market for sale or sell any toy replica or facsimile of a firearm in the City to anyone other than an adult, and if given to other than an adult, the piece shall be painted in illuminating color of orange, yellow or lime; tipped, striped or solid. The provisions of this subsection shall not apply to any toy, replica or facsimile of a firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm.

   (c)   No person shall draw, exhibit or brandish a replica firearm in a threatening manner so as to cause the victim to reasonably believe that the person is actually in possession of an operable firearm.

   (d)   No person shall draw, exhibit or brandish a toy, replica or facsimile of a firearm, or simulate a firearm in the presence of a law enforcement officer, fire fighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such brandishing knows or has reasonable cause to believe that the law enforcement officer, fire fighter, emergency medical technician or paramedic is engaged in the performance of his or her duties.

   (e)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(Ord. 95-033. Passed 2-7-95.)