(A) (1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESTRUCTIVE DEVICE. Any explosive, incendiary or poison gas:
1. Bomb;
2. Grenade;
3. Rocket having a propellant charge of more than four ounces;
4. Missile having an explosive or incendiary charge of more than one-fourth of an ounce;
5. Mine; or
6. Device similar to any of the devices described in the preceding clauses.
FIREARM.
1. Any weapon, excluding a starter gun, which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive; or
2. Any destructive device.
(2) Fire or discharge. No person shall fire or discharge any gun, pistol or other type of firearm within the city, except upon premises used by a lawful shooting gallery, gun club, rifle club or target range.
(3) Exceptions.
(a) The provisions of division (A)(2) above shall not apply to sheriffs, coroners, constables, bank or other security guards when engaged in the lawful performance of their duties, members of the police force or any peace officers engaged in the discharge of their official duties or to any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is engaged in assisting the officer.
(b) The provisions of division (A)(2) above shall not apply to any person who has obtained a permit to discharge any such gun, pistol or any other type of firearm from the City Council.
(4) Permit provisions.
(a) Applications for the permit required under this division (A)(4) shall be made in writing to the City Clerk. Each application shall state the name and address of the applicant, the location where the applicant wishes to discharge the firearm, the purpose for discharging the firearm, the type of firearm to be discharged, the person who shall discharge the firearm, the date and time when the discharge shall occur and such additional information needed for the proper guidance.
(b) Forms and applications for the permit shall be prepared and kept on file by the City Clerk.
(c) 1. All applications for the permits shall be reported to the City Council and shall be referred to the License and Police Committees of the City Council. The Committees shall investigate and consider the applications within two weeks after any application has been referred to them and shall submit the application to the City Council with their recommendations. The City Council shall consider and approve or reject the application.
2. The City Council shall reject any application which discloses that the proposed discharge of a firearm may unreasonably endanger the peace, safety and welfare of any person or property within the city.
(d) If the City Council rejects any application, it shall inform the applicant of the rejection and the specific reasons for the rejection within ten days.
(e) The fee for the permit to discharge a firearm within the city is $8. The fee is to be paid to the City Clerk at the time of application for the permit.
(B) (1) Replica firearms. It shall be unlawful for any person to possess on his or her person, or use as if it were a real firearm, a replica firearm on the public ways, streets, parks or other locations within the corporate limits of the city other than as prescribed by law.
(2) “Replica” defined. For the purposes of this division (B), REPLICA FIREARM means any device, object or facsimile made of plastic, wood, metal or any other material that was purposely designed or built to look like a real firearm.
(3) Permitted possession. The possession of a replica firearm is permitted on private property with the permission of the owner or if the device is solely for use in theatrical productions, including motion picture, television and stage productions.
(4) Effective date. The ordinance from which this division (B) derives shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this division (B) shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 130.04) (Ord. 05-569, passed 11-8-2005) Penalty, see § 130.99