(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) FIREARM. Has the same meaning as used in § 672.01(h).
(2) REPLICA or FACSIMILE OF A FIREARM. Any device or object made of plastic, wood, metal or any other material which is a replica or toy version of, or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm. REPLICA or FACSIMILE OF A FIREARM shall include, but is not limited to, toy guns, props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or any other device which might reasonably be perceived to be a real firearm.
(b) No person shall display or market for sale any replica or facsimile of a firearm in the city. The provisions of this division (b) shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size or other design features, cannot reasonably be perceived to be a real firearm.
(c) Except in self-defense, no person shall draw, exhibit or brandish a replica or facsimile of a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy any person or with the intent to commit an act that is a crime under the laws of the city, state or federal government, against any other person.
(d) No person shall draw, exhibit or brandish a replica or facsimile of a firearm, or simulate a firearm, in the presence of a law enforcement officer, firefighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such act knows or has reason to know that such law enforcement officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his or her duties.
(e) (1) Whoever violates division (b) of this section is guilty of the unlawful sale of a replica or facsimile of a firearm, a misdemeanor of the third degree.
(2) Whoever violates division (c) of this section is guilty of brandishing a replica or facsimile of a firearm, a misdemeanor of the first degree.
(3) Whoever violates division (d) of this section is guilty of brandishing a replica or facsimile of a firearm in the presence of a public safety officer, a misdemeanor of the first degree.
(Res. 2000-153, passed 6-19-2000)