Definitions:
AIR RIFLE: Any air gun, air pistol, spring gun, spring pistol, B-B gun, pellet gun or any other implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard material of less than eighteen one-hundredths of an inch (.18") in diameter with a force that reasonably is expected to cause bodily harm.
DEALER: Any person, co-partnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of "air rifle".
Transfer to Children:
1. It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of thirteen (13) years where the dealer knows or has cause to believe the person to be under thirteen (13) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under thirteen (13) years of age.
2. It is unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under thirteen (13) years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under thirteen (13) years of age, or where such person stands in Loco Parentis to the person under thirteen (13) years of age.
Carrying or Discharging:
1. It is unlawful for any person under eighteen (18) years of age to carry any air rifle on the public streets, roads, highways, or public lands within the corporate limits of the Village unless such person under eighteen (18) years of age carries such rifle unloaded.
2. It is unlawful for any person to discharge any air rifle within the Village except as provided In this Section.
Permissive Possession: Notwithstanding any provision of this Section, it is lawful for any person under thirteen (13) years of age to have in his possession any air rifle if it Is:
1. Kept within his house of residence or other private enclosure.
2. Used by the person under thirteen (13) years of age and he Is a duly enrolled member of any club, team or society organization for educational purposes and maintaining as a 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 said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult.
3. Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged, or operated in such a manner as not to endanger persons or property, domesticated or wild animals or other wildlife or any type of birds, and then only if it Is used In such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
Sales: The provisions of this Section do not prohibit sales of air rifles:
1. By wholesale dealers or jobbers in conformity with the provisions of this Section; or
2. To be shipped out of state; or
3. To be used at a target range operated In accordance with subsection D of this Section, by members of the armed services of the United States in their capacity as members of the specific branch of the armed services, or by law enforcement officers for official purposes.
Seizure and Removal: The Police Department 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. Following seizure, the seized air rifle shall be inventoried and held by the Police Department as evidence for any hearing or court proceeding relating thereto, and will be released to the owner only upon full completion of such proceedings including orders of disposition and in conformity with the provisions of this Section.
Penalty: Any person who violates any provision of this Section shall upon conviction thereof, be subjected to a fine according to the fine schedule located in Appendix B
for each offense of which such person shall be convicted. Each discharge of an air rifle shall be deemed a separate offense.
(Ord. 2053, 10-1-90; Amd. Ord. 5224, 10-2-17)