(A)   Definition.    For the purpose of this section, SPRAY DEVICE means a device or container which contains more than 3/4 ounce of solution which ejects, releases or emits one of the following:
      (1)   More than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients; or
      (2)   A solution containing more than 2% oleoresin capsicum.
   (B)   A person who uses a spray device to eject, release or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a misdemeanor.
   (C)   A person shall not sell a spray device to a minor. A person who violates this division is guilty of a misdemeanor.
   (D)   Division (B) above does not prohibit either of the following:
      (1)   The reasonable use of a spray device by a law enforcement officer in the performance of the law enforcement officer's duty.
      (2)   The reasonable use of a spray device by a person in the protection of a person or property under circumstances which would justify the person's use of physical force.
(Ord. 754, passed 8-22-94)