(A) Definitions: When used in this section, the following words and terms shall have the meanings ascribed herein:
LASER POINTER: Any device that emits light amplified by the stimulated emission of radiation or other energy that is visible to the human eye.
PERSON: Any natural person, corporation, partnership, firm, organization or other legal entity.
PUBLIC PLACE: Any place to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, sidewalk, right of way, parking lot, plaza, place of amusement, park, playground, restaurant and any hallway, lobby and other portion of an apartment, condominium, townhouse, or hotel building or complex not constituting a room or dwelling designated for actual residence.
SCHOOL PREMISES: Any building, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational or recreational instruction to students, and any vehicles owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions.
(B) Prohibited Acts:
1. It shall be unlawful for any person to give, sell or offer to give or sell a laser pointer to any person under the age of eighteen (18) years.
2. It shall be unlawful for any person under the age of eighteen (18) years to purchase a laser pointer.
3. It shall be unlawful for any person under the age of eighteen (18) years to possess a laser pointer while upon school premises; provided, however, that nothing in this section shall preclude the temporary transfer on school premises of a laser pointer to, or possession of a laser pointer on school premises by, a person under the age of eighteen (18) years for a valid instructional, school related or employment purpose, where such laser pointer is provided by the school and used under the supervision of a school staff person, other authorized instructor, employee or employer's agent.
4. It shall be unlawful for any person under the age of eighteen (18) years to possess a laser pointer in any public place; provided, however, that nothing in this section shall preclude the temporary transfer in a public place of a laser pointer from an employer to, or possession in a public place of an employer's laser pointer by, a person under the age of eighteen (18) years, during such person's hours of employment, for a valid employment purpose, where such employer's laser pointer is used under the supervision of the employer or employer's agent.
5. It shall be unlawful for any person to direct light from a laser pointer so as to cause a laser beam, sight or "dot" to be placed upon any person, building, vehicle, or other object.
(C) Parental Responsibility: It shall be unlawful for any parent or legal guardian to knowingly suffer or permit any child, of which he or she may be the parent or legal guardian, to violate any provision of this section.
(D) Exemptions: The following persons are exempt from the provisions of this section:
1. Persons eighteen (18) years of age and older who use such laser pointers to conduct educational or instructional presentations.
2. Survey, construction, and medical workers eighteen (18) years of age and older who require such laser pointers to perform their job tasks.
3. Law enforcement officers who may use laser sighting devices and laser equipped firearms in the performance of their duties.
(E) Penalty: Any person who violates any provision of this section shall, upon conviction, be fined as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(Ord. 2001-3321, 7-2-2001; amd. Ord. 2021-4921, 9-20-2021)