For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Adult. Any natural person other than a minor.
Chemical Device. Any aerosol container or other device that is capable of emitting chloroacetaphenone (CN), orthochlorobenzalmalononitrile (CS), or oleoresin capsicum (OC), or any combination or derivative thereof, in a vapor or liquid form.
Chief of Police. The chief of police of the City and County of Honolulu or the chief of police’s authorized subordinate.
Controlled Substance. Has the same meaning as defined in HRS § 329-1.
Department. The Honolulu police department.
Designated Place of Business. A fixed place of business owned or leased by a licensee and designated by the licensee in its application under § 41-27.4 as a place where it desires to sell or otherwise distribute pepper spray on a regular basis. “Designated place of business” does not include any temporary space rented or leased by a licensee at a swap meet, open market, or other similar setting.
Licensee. Any person who has obtained, pursuant to § 41-27.4, a license to sell, transport, or otherwise distribute pepper sprays in the city.
Minor. Any natural person below the age of 18 years.
Pepper Spray. Any aerosol container or other device designed to fit into a handbag or a pants pocket and has a trigger-guard, flip top, or other mechanism to prevent the accidental release of the spray, that:
(1) Is capable of emitting oleoresin capsicum (OC), or any derivative thereof, in a vapor or liquid form;
(2) Contains only the chemical substance oleoresin capsicum, or any derivative thereof, without containing chloroacetaphenone (CN) or orthochlorobenzalmalononitrile (CS); and
(3) Contains a nonflammable propellant or carrier, or both.
Person. Has the same meaning as defined in § 40-1.1.
(1990 Code, Ch. 41, Art. 37, § 41-37.1) (Added by Ord. 95-49)