(a) No person shall knowingly cause or attempt to cause physical harm to another.
(b) No person shall recklessly cause serious physical harm to another.
(c) Where a person charged under either subsection (a) or (b) hereof used a tear gas type device or other similar device as defined in Section 541.04, it shall be an affirmative defense to the charge of assault, where the actor was not in the commission of a felony or a misdemeanor and the device was used for defensive purposes while engaged in lawful activity; and the user had reasonable cause to fear a criminal attack upon himself or herself or his or her family, such as would justify a prudent person in using such device.
(d) Whoever violates this section is guilty of assault, a misdemeanor of the first degree.
(Ord. 233-81. Passed 4-21-81)