(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR RIFLE. Any air gun, air pistol, spring gun, spring pistol, BB gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or a pellet constructed of hard plastic, steel, lead or other hard materials with a force that can reasonably be expected to cause bodily harm.
DEALER. Any person, copartnership, association or corporation engaged in the business of selling, at retail, or renting any of the articles included in the definition of “air rifle” as provided in this division.
(B) Selling, renting or transferring prohibited. It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person in the city.
(C) Carrying or discharging on public streets. It is unlawful for any person to carry on his or her person or within the passenger portion of a motor vehicle any air rifle on the public streets, roads or highways or on public lands within the city. It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway, public land or public place, except on a safely constructed target range.
(D) Permitted uses. Notwithstanding any provision of this section, it is lawful for any person to have in his or her possession any air rifle if it is:
(1) Kept within his or her house of residence or other private enclosure;
(2) Used by the person and he or she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining, as part of its facilities, or having written permission to use, an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only if the air rifle is actually being used in connection with the activities of the team or society under the supervision of a reasonable adult; and/or
(3) Used in or on any private grounds or residence under circumstances where the air rifle is fired, discharged or operated in such a manner as not to endanger any person or property, and then only if the air rifle is used in such a manner as to prevent the projectile from passing over any grounds or space outside the limits of the grounds or residence.
(E) Sales. The provisions of this section do not prohibit sales of air rifles:
(1) By wholesale dealers or jobbers;
(2) To be shipped out of the city; or
(3) To be used at a target range operated in accordance with division (D) of this section or by members of the Armed Services of the United States or veterans’ organizations.
(F) Seizure and removal. The police shall seize, take, remove or cause to be removed, at the expense of the owner, any air rifle sold or used in any manner in violation of this section.
(2000 Code, § 9.24.030) Penalty, see § 134.99