(a) Purpose and Intent. The intent of this Ordinance is to establish restrictions and limitations relative to the use of a laser within the City of Hubbard to promote the public health, safety, and welfare and reduce risks to public safety created by improper laser usage.
(b) Applicability. These regulations apply to the use and operation of a laser pointer as herein defined within the City of Hubbard.
(c) Laser Pointer Use Restrictions. A person is guilty of unlawful discharge of a laser if they knowingly and maliciously discharge a laser in the following manner:
(1) At a pilot of an aircraft, causing an impairment to the safe operation of an aircraft or causing interruption or impairment of service rendered to the public by negatively affecting the pilot; or
(2) At a law enforcement officer or other employee of a law enforcement agency who is performing their official duties in uniform or exhibiting evidence of his or her authority, and in a manner that would support that officer's or employee's reasonable belief that they are being targeted with a laser sighting device or system; or
(3) At a law enforcement officer or other employee of a law enforcement agency who is performing their official duties, causing an impairment of the safety or operation of a law enforcement vehicle, or causing an interruption or impairment of services rendered to the public by negatively affecting the officer or employee; or
(4) At a firefighter or other employee of the fire department or other public safety agency who is performing their official duties, causing an impairment of the safety or operation of an emergency vehicle, or causing an interruption or impairment of service rendered to the public by negatively affecting the firefighter or employee; or
(5) At a transit operator or driver of a public or private transit company while that person is performing their official duties, causing an impairment of the safety or operation of a transit vehicle, or causing an interruption or impairment of service rendered to the public by negatively affecting the operator or driver; or
(6) At a school bus driver employed by a school district or private company while the driver is performing their official duties, causing impairment of the safety or operation of a school bus, or causing an interruption or impairment of service by negatively affecting the bus driver; or
(7) At a person who is operating a motor vehicle at the time, causing an impairment of the safety and operation a motor vehicle by negatively affecting the driver; or
(8) At a person to intimidate or threaten that person.
(9) No student shall possess a laser pointer on any elementary or secondary school premises unless possession of a laser pointer on the elementary or secondary school premises is for a valid instructional or other school-related purpose, including employment.
(d) Exemptions. This section does not apply to the conduct of laser development activity by or on behalf of the United States Armed Forces.
(e) Penalty. Any person found to have willfully and maliciously discharged a laser in violation of this section, shall be punishable as either as a misdemeanor by imprisonment in the county jail for not more than one year or by a fine of one thousand dollars ($1,000), or a felony by imprisonment in the state prison for 16 months, two years, or three years, or by a fine of two thousand dollars ($2,000).
(f) Definitions.
(1) “Aircraft” means a device that is used, or intended to be used, for flight.
(2) “Laser” means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave.
(3) “Laser Pointer” means any handheld laser beam device or demonstration laser product that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye.
(4) “Laser Scope” means a portable battery-powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance.
(Ord. 21-23. Passed 1-16-24.)