[Ord. No. 99-30 §§1—10, 4-1-1999]
A.
Defined. A "laser pointer" shall be defined
as any device which emits light amplified by the stimulated emission
of radiation that is visible to the human eye and designed to be used
as a pointer or highlighter, to indicate, mark or identify a specific
position or place, including but not limited to Class 2 lasers, Class
3a and 3b lasers, and Class 4 lasers. For purposes of this Section,
any laser used for medical, education or other legitimate commercial
use is not a "laser pointer."
B.
Possession By Minors Prohibited. It shall be unlawful for
any person under the age of eighteen (18) to possess a laser pointer
except in the residence of that person, or except when outside the
person's residence the minor is under the direct supervision of adult
school personnel, parent, guardian or employer. Outside the home of
the minor, the adult providing direct supervision shall be physically
present in the location where the minor is present. All laser pointers
in the possession of a minor are deemed contraband and are subject
to seizure by any duly authorized Law Enforcement Officer and shall
be subject to forfeiture. No Law Enforcement Officer seizing such
contraband shall be required to have a warrant or other legal process
prior to effecting the seizure.
C.
Illumination Of Persons Prohibited. It shall be unlawful
for any person to use a laser pointer in such a manner that the laser
beam illuminates on another person in the area of the head or torso
in such a manner as to harass or create a reasonable fear by that
person that their sight or safety may be endangered.
D.
Illumination Directed Into The Eyes Of Another Person. It
shall be unlawful for any person to intentionally direct the beam
from a laser pointer into the eyes or eye of another person.
E.
Illumination Of Vehicle Operators Prohibited. It shall be
unlawful for any person to use a laser pointer in such a manner that
the laser beam illuminates the driver of a motor vehicle.
F.
Illumination Of Law Enforcement Officers Prohibited. It
shall be unlawful for any person to use a laser pointer in such a
manner that the laser beam illuminates a uniformed Law Enforcement
Officer or duly identified non-uniformed Law Enforcement Officer.
G.
Sale To Minors Prohibited. It shall be unlawful to sell
laser pointers to persons under the age of eighteen (18).
H.
The
Chief of Police or his/her designee shall have the power to issue
initial warnings and citations for violation of this Section.
I.
Any
person violating this Section shall be guilty of an infraction and
shall be fined no more than five hundred dollars ($500.00) per infraction.
J.
Enforcement
of this Section shall be the responsibility of the Police Department.
Prosecution of the Section shall be the responsibility of the County
Counselor's office.
