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A. Air Gun Defined: As used in this section, the words "air gun" mean and include the following: air gun, air pistol, air rifle, paintball gun, BB gun, blowgun, toy gun or device of any kind or nature when so designed, contrived, or modified, can propel, by air, compressed air, gas, electricity or spring loaded plunger, any pellet, bean, pea, BB (metal or plastic), paintball, rock or other hard substance a distance greater than twenty five feet (25').
B. Unlawful To Draw Or Exhibit: It is unlawful within the city limits when on public property, in public rights of way or on property open to the public for any person to draw or exhibit any air gun: 1) in such a manner that a reasonable person would feel threatened by such a display, or 2) with the intent to intimidate another person.
C. Unlawful To Discharge: It is unlawful for any person to discharge any air gun within the city limits when on public property, in public rights of way or on property open to the public.
D. Minors: It is unlawful for an adult, parent or guardian to knowingly allow a minor to display or discharge any air gun within the city limits when on public property, in public rights of way or on property open to the public, contrary to the provisions of this section.
E. Projectile Entering Property: It is unlawful to discharge an air gun on private property in a manner that results in a projectile entering public property, public rights of way, property open to the public, or the private property of a nonconsenting third party who has not given prior written permission for the projectiles to enter his or her property.
F. Third Party Permission: No person shall shoot or discharge any air gun while on private property owned by a nonparticipating third party without the third party property owner's prior written permission.
G. Exception: The provisions of subsections B, C, and D of this section shall not apply when a person is possessing or using an air gun on a gun range or course, operated or conducted by the city, or any school, educational institution, business or other group, pursuant to rules and regulations promulgated by the city and all applicable state and federal laws.
1. Police officer discretion may be exercised by issuing a "warning" for a violation of this section.
2. A violation of this section, except for subsection B of this section, shall be punishable as a class C misdemeanor.
3. Any subsequent violation of this section shall be enhanced to be punishable as a class B misdemeanor.
4. A violation of subsection B of this section shall be punishable as a class B misdemeanor. (Ord. 2017-09, 2-21-2017)