A. Acts Prohibited: It shall be unlawful for any person less than eighteen (18) years of age to have in his possession at any private or public place, except as provided herein, a laser pointer of the following type:
1. A helium neon (HeNe) laser which typically operates at a wavelength of 6.32.8 nMe with the mandated power limit of five (5) mW of power. Said lasers are considered class 2 lasers with the potential for eye injury; and
2. A diode laser which typically operates at a wavelength of six hundred seventy (670) nMe (although others are possible) with a power source providing five (5) mW. Said lasers are considered class 3A lasers, with the potential for eye injury.
B. Transfer Or Sale To Minor: No person shall sell to or provide a minor with a class 2 or class 3A laser pointer as described in this section unless the minor is accompanied by a parent or legal guardian at the time of purchase or transfer. No minor shall, at the time of purchase of such laser pointer, furnish fraudulent evidence of majority. No minor shall, except while accompanied by a parent or legal guardian, possess a class 2 or class 3A laser pointer as described in this chapter on any public property or any private property and with the express permission of the lawful owner or manager of the private property. Also provided, however, that the possession by a person under the age of eighteen (18) years, under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home, shall not be prohibited.
C. Penalties: Any person found guilty of an offense of this section shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) including, but not limited to, confiscation and destruction of said laser pointer, and/or any other penalties set forth by state law.
D. Liability Of Parent Or Legal Guardian: The parent or legal guardian of any unemancipated minor defendant who resides with such parent or legal guardian shall be subject to those liabilities as enumerated in subsection C of this section. (Ord. 10-28-0, 5-26-2010)