[HISTORY: Adopted by the City Council of the City of Jamestown 2-22-1999.
Amendments noted where applicable.]
GENERAL REFERENCES
Minors — See Ch. 185.
Laser pointing devices emit light amplified by the stimulated emission
of radiation and do have important and valuable uses, particularly in the
medical field. Important and valuable uses notwithstanding, laser pointing
devices can be misused and, if misused, can cause serious injury or physical
damage. Additionally, minors have been known to use such laser pointing devices
to annoy, harass or menace others and, in particular, law enforcement officers.
The purpose of this chapter is to promote public safety by ensuring that such
devices may be purchased and possessed only by adults.
As used in this chapter, the following terms shall have the meanings
indicated:
Any hand-held device which emits light amplified by the stimulated
emission of radiation, which amplified light is visible to the human eye.
No person, firm or corporation within the City of Jamestown shall sell,
make available, give or provide a laser pointing device to any person under
the age of 18 years.
No person, firm or corporation within the City of Jamestown engaged
in the sale of laser pointing devices shall store or display such laser pointing
devices unless such items are contained within a sealed and locked case, or
are located behind the service counter, or in any other manner which restricts
easy access to laser pointing devices by their customers and/or the general
public.
No person under the age of 18 years shall possess or have in or upon
such person's possession a laser pointing device.
Any laser pointing device seized pursuant to this chapter shall be declared
a public nuisance and shall be disposed of in accordance with the New York
State Penal Law. Any person claiming ownership of such laser pointing device
seized pursuant to the terms of this chapter may apply to the court for an
order preventing the disposal of the laser pointing device seized and ordering
the return of such laser pointing device. The court may order the laser pointing
device resumed at the close of the applicable case if it is determined that
return of such laser pointing device would be in the interests of justice.
A violation of any of the provisions of this chapter shall be punishable
as a Class A misdemeanor.
In the event that any provision or portion of this chapter shall for
any reason be adjudged invalid by a court of competent jurisdiction, such
adjudication shall not affect, impair or invalidate the remaining portions
of this chapter.
This chapter shall take effect April 1, 1999.
