[HISTORY: Adopted by the Borough Council
of the Borough of Haledon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-13-1965 by Ord. No. 8-9-65A (Ch. 107 of the 1984 Code)]
The Borough Council finds as a fact that because
of the state of development and the diffusion of the population throughout
the entire Borough, the discharge of firearms within the territorial
limits of the Borough constitutes a danger to persons and property.
It shall be unlawful to fire or discharge any
firearms within the territorial limits of the Borough of Haledon.
Nothing contained in this article shall prevent
the otherwise lawful firing or discharge of a firearm during the course
of official duty by any of the persons enumerated in N.J.S.A. 2C:39-6.
Nothing contained in this article shall prevent
any person from the firing or discharging of firearms lawfully possessed
as a lawful incident to the necessary, proper and the lawful defense
of persons or property.
[Amended 6-13-1984 by Ord. No. 5-9-84F]
Any person violating any of the provisions of
this article shall, upon conviction, pay a fine of not more than $500
or suffer imprisonment in the county jail for a term not exceeding
30 days, or both, for each and every offense.
[Adopted 7-26-2007 by Ord. No. 6-21-2007]
As used in this article, the following terms
shall have the meanings indicated:
Any look-alike, nonfiring, collector replica of a firearm
developed prior to 1898.
Any individual who is under 18 years of age.
Any imitation of any original firearm that has been manufactured,
designed and produced since 1898, including water guns, replica non-guns,
air-soft guns firing nonmetallic projectiles, and B-B, paintball,
and pellet-firing air guns that expel a projectile through the force
of air pressure, or any other object or device reasonably capable
of being mistaken for a firearm. The term "toy gun" does not include
any antique firearm as defined in this article.
No retail mercantile establishment located in
the Borough shall sell, attempt to sell or offer for sale a toy gun
to minors.
An employee of a retail mercantile establishment
who sells any toy gun to a minor commits a violation of this article;
except that the establishment by a preponderance of the evidence of
all of the following facts by a person making the sale shall constitute
an affirmative defense to any prosecution therefor:
A.
That the purchaser falsely represented his/her age
by producing a driver's license bearing a photograph of the licensee,
or by producing a photographic identification card issued pursuant
to N.J.S.A. 39:3-29.3, or by producing a similar card purporting to
be a valid identification card indicating that he/she was 18 years
of age or older; and
B.
That the appearance of the purchaser was such that
an ordinary prudent person would believe him to be 18 years of age
or older; and
Any person or retail mercantile establishment
violating any of the provisions of this article, upon conviction or
a plea of guilty, shall be subject to a fine not exceeding $1,000
or imprisonment for a term not to exceed 90 days, or both, for each
violation.
