§ 135.03 DISCHARGE OF FIREARMS/CONDUCT OF PAINTBALL FACILITIES.
   (A)   It shall be unlawful to discharge any firearms or air-guns in the city, including what are commonly referred to as BB guns, paintball guns or pellet guns and further including any device which propels a projectile or projectiles through a tube or barrel through the use of compressed air or gas or through the explosion of any material; provided, however, that this division shall not be construed to prohibit:
      (1)   Any officer of the law to discharge a firearm in the performance of his or her duty;
      (2)   Any citizen from discharging a firearm when lawfully defending his or her person or property to the extent permitted by state law;
      (3)   Any citizen from discharging a firearm when lawfully defending another from a forcible felony to the extent permitted to do so by state law;
      (4)   Any citizen from discharging a paintball gun when:
         (a)   Engaged in the sport of paintball;
         (b)   On or at a facility established for exclusive use as a paintball facility, which facility is properly zoned, permitted and licensed for use as a paintball facility by the city; and
         (c)   Where the operator of the facility, or his or her agent or employee is on the premises to supervise the conduct of the sport of paintball;
      (5)   Discharges at legally licensed shooting ranges;
      (6)   Discharges at lawful firearms ranges;
      (7)   Discharges at legally licensed trap or skeet shoots; or
      (8)   Discharges during permitted civilian use, under police supervision, at a police shooting range or facility.
   (B)   No paintball facility owner or operator shall cause or allow the conduct of the sport of paintball at any time when the owner or operator, either personally or by an employee or agent, is not present at the facility. The operator, agent or employee shall not participate in the sport while on duty and shall not carry or discharge a paintball gun while on duty. The facility must be and remain closed to the public at all times when no operator, agent or employee is on duty at the facility.
   (C)   No person, otherwise allowed to discharge a paintball gun pursuant to division (A)(4), shall knowingly or intentionally discharge a paintball gun in a manner as to propel a paintball or its contents beyond the boundaries of the paintball facility, into any parking area attendant to the paintball facility or in the direction of or onto the person of the paintball facility operator or his or her agent or employee on duty and overseeing the facility.
(1980 Code, § 31.117) (Ord. 9043, passed 5-31-2005) Penalty, see § 135.99