(a) Definitions. As used in this section:
(1) "Juvenile" means any person under the age of seventeen years old.
(2) "Minor" means any person under the age of eighteen years old, including a juvenile.
(3) "Purchaser" means a person who receives a smooth bore device from another person by purchase, gift, loan or any other conveyance.
(4) "Seller" means a person who sells, furnishes, loans, or conveys a smooth bore device to another person.
(5) "Smooth bore devices" means any toy, device, paintball gun, weapon or weapon facsimile, regardless of name and caliber, but not including firearms as defined in M.C.L. § 750.222, manufactured exclusively for propelling projectiles by means of spring, gas, air, lever, or other mechanical device, or by electric or battery power.
(6) "Supervision and control" means direct and continuous oversight by an individual eighteen years of age or older.
(b) Use and Possession.
(1) No person shall use or possess any smooth bore device outside the rear yard curtilage of his or her domicile or the domicile of another.
(2) No person shall use or possess any smooth bore device out-of-doors except during normal daylight hours and in no case before sunrise or after sunset.
(3) No minor shall use or possess any smooth bore device unless accompanied and supervised by a person eighteen years of age or older.
(4) No person seventeen years of age or older shall knowingly assist, facilitate or otherwise permit another to use or possess any smooth bore device in violation of this section.
(5) It shall be unlawful for any person to cause or permit a projectile shot from any smooth bore device to trespass upon the property of another.
(c) Prohibition Against Sale and Purchase, Attempted Sale and Purchase, etc. to Minors.
(1) It shall be unlawful for any person, dealer, or any other entity to sell, furnish, loan or convey or attempt to convey any smooth bore device to a minor.
(2) It shall be unlawful for any minor to purchase or attempt to purchase, receive or attempt to receive, any smooth bore device except as provided in subsection (c)(3) hereof.
(3) Subsection (c)(1) hereof shall not apply where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the minor.
(d) Prohibitions.
(1) No person above the age of sixteen years shall knowingly allow a violation of this section to take place in his or her presence. The term "knowingly allow" means where the person knew or reasonably should have known that a violation was occurring, and failed to take reasonable steps to prevent and/or stop it.
(2) Any person(s) above the age of sixteen years shall be responsible for violations of this section committed by a minor who is under the supervision of said person(s) as defined in subsection (a) hereof.
(3) Any minor or juvenile who violates this section shall be individually responsible for such violation.
(e) Penalty. Any person found to be in violation of this section shall be subject to the following penalties:
(1) Persons above the age of sixteen years old - may be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety days, or both, for each violation.
(2) Juveniles (sixteen years old and younger) - may be charged pursuant to filing the requisite forms in the Wayne County Circuit Court, Family Division.
(3) Nothing in this section is intended to restrict or prohibit the Police Department from filing other or additional charges against any person/entity found to be in violation of other City ordinances or sections of the State of Michigan Penal Code.
(f) Forfeiture and Disposition. All devices possessed or used contrary to this section are subject to immediate confiscation and disposition by the Police Department, and are hereby declared forfeited to the City.
(g) Authority of Police to Conduct Warrantless Entry Upon the Curtilage. A Police Officer may make a warrantless entry upon the outside curtilage of a residence or business for the purpose of confiscating any smooth bore device for which probable cause exists is being used or possessed in violation of this section.
(Ord. 787. Passed 5-5-04.)