§ 130.07 DISCHARGE AND UNSAFE CARRYING OF DANGEROUS WEAPONS.
   (A)   Discharge of dangerous weapons within city limits prohibited. It shall hereafter be unlawful to discharge within the limits of the city any firearm of whatever description, airgun, B.B. gun, pellet gun, or any other mechanism projecting a metal projectile including but not limited to a bow and arrow, cross bow and bolt, sling shot or device designed to propel a missile or projectile by use of rubber, elastic or spring energy, that is capable of inflicting injury to a person or property.
   (B)   Unsafe carrying of loaded dangerous weapon within city limits prohibited.
      (1)   In order to prevent the accidental discharge of any dangerous weapon and the possibility of resulting injury to persons or property, it shall be unlawful for a person, within the limits of the city, other than on such person's property, property which the person has a right to occupy or business place that is under the control of such person, to carry on or about their person or vehicle, a dangerous weapon that is so loaded as to be capable of accidental discharge, regardless if the weapon is equipped with or utilizing a safety device.
      (2)   A firearm shall be considered to be capable of discharge if loaded with live ammunition in the chamber, but is not considered capable of discharge if loaded only in the magazine, clip, or cartridge receptacle in any repeating weapon.
   (C)   Allowing minor child to violate unlawful. No parent, guardian, or custodian of a ward or child in their care shall permit a child or ward to violate the provisions of this section within the limits of the city.
   (D)   Exceptions. The provisions of this sections shall not be construed to prohibit the following:
      (1)   Any officer of the law or citizen acting at the direction or instruction of an officer, in discharging a firearm in the lawful performance of duty.
      (2)   Any citizen from discharging a dangerous weapon when lawfully defending any person or property.
      (3)   The discharge of “blanks” during an official celebration, athletic event or similar activity, if such event is sanctioned by officials of a school, or events permitted by the city.
      (4)   The use by workers in the construction of buildings of any mechanism designed to propel nails, bolts, screws, rivets, or fasteners, as long as such mechanism is being used in the manner in which it was intended.
      (5)   The enjoyment of target practice on property which the participants have a right to occupy, with bow and arrow, pellet, B.B., or air gun, when all the projectiles fired by any person are contained within a proper backstop, trap, or target on such property so designed and positioned as to prevent a hazard to any person or another's property. This exception shall not be available as a defense to prosecution under division (A) of this section if any projectile is found to have not been contained within the participants property due to missing the target or backstop, ricochet, or the backstop, trap or target being inadequate to contain the projectile.
      (6)   The discharge of a firearm by a gunsmith in carrying out the repair and maintenance of firearms, when the projectile is contained in a bullet trap manufactured, designed and certified by the manufacturer to be sufficient for the caliber and power of the firearm being tested and when the noise of the weapon's discharge is sufficiently contained to the gunsmith's premises in a manner that would prevent alarm or offense to the ordinary sensibilities of other inhabitants of the city.
(Ord. 701, passed 4-11-89) Penalty, see § 10.99