(a) (1) “Firearm” shall have the same meaning as that in Section 549.01(b).
(2) “Toy, replica or facsimile of a firearm” means any device or object made of plastic, wood, metal or any other material, which is a replica, facsimile 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. As used in this section “toy, replica or facsimile of a firearm” includes all inoperative firearms or any other device which might reasonably be perceived to be a real firearm.
(b) No person shall market for sale or sell any toy, replica or facsimile of a firearm in the City, to any person under the age of eighteen and if so sold or given to a person under the age of eighteen, the toy, replica or facsimile shall be painted in illuminating colors of orange, yellow or lime; striped or solid. The provisions of this subsection shall not apply to any toy, replica or facsimile of a firearm which, because of its distinct color, exaggerated size or other design feature, cannot be reasonably perceived to be a real firearm.
(c) No person shall, except in self defense, draw, exhibit or brandish a toy, replica or facsimile of a firearm, in a threatening manner so as to cause the victim to reasonably believe that the person is actually in possession of an operable, real and authentic firearm.
(d) No person shall draw, exhibit, brandish, aim or point a toy, replica or facsimile of a firearm or simulate a firearm in the presence of a law enforcement officer, fire fighter, emergency medical technician or paramedic, engaged in the performance of his or her duties, when the person committing such brandishing, aiming or pointing knows or has reasonable cause to believe that the law enforcement officer, fire fighter, emergency medical technician or paramedic is engaged in the performance of his or her duties.
(e) Whoever violates subsection (b) hereof is guilty of the unlawful sale of a toy, replica or facsimile of a firearm, a misdemeanor of the first degree.
(f) Whoever violates subsection (c) hereof is guilty of brandishing a toy, replica, or facsimile of a firearm, a misdemeanor of the first degree.
(g) Whoever violates subsection (d) hereof is guilty of brandishing a toy, replica or facsimile firearm, in the presence of a public safety officer, a misdemeanor of the first degree.
(Ord. 1994-112. Passed 12-6-94.)