Contraband
means a) any laser pointer or device that is used unlawfully, or b) any laser pointer
or device that is greater than one milliwatt, as shown by the manufacturer's or distributor's
technical specifications as shown on the pointer or device or otherwise, or c) any
laser pointer or device for which the merchant who offers the device for distribution,
sale or barter has no technical specifications showing the manufacturer's or distributor's
confirmation that the laser pointer or device is one milliwatt or less in output.
Excluded from this definition are: 1) lasers used by an authorized individual in the
conduct of research and development or flight test operations conducted by an aircraft
manufacturer, the Federal Aviation Administration, or any other person authorized
by the Federal Aviation Administration to conduct such research and development or
flight test operations; 2) lasers used by members or elements of the Department of
Defense or Department of Homeland Security acting in an official capacity for the
purpose of research, development, operations, testing or training; 3) lasers used
by an individual as an emergency signaling device to send an emergency distress signal;
4) lasers used by public safety officials in the regular conduct of their duties;
4) laser uses specifically permissible by federal or state law; 5) lasers used for
legitimate educational purposes; 6) lasers used for testing in the course of product
manufacturing; 6) lasers used for legitimate business purposes and during the normal
course of such business; 7) lasers in the possession of individuals if such possession
is necessary for the individual's employment, education, trade or occupation, and
when not in use; 8) lasers possessed and/or used as part of a gun sight, so long as
such are possessed and/or used in a lawful manner.
Laser pointer or device
means a device that is designed to amplify electromagnetic radiation by stimulated
emission that emits a beam designed to be used by the operator as a pointer or highlighter
to indicate, mark, or identify a specific position, place, item, or object. Such term
also means a device that projects a beam or point of light by means of light amplification
by stimulated emission of radiation or other means or that emits light which simulates
the appearance of a beam of light.
Minor
means any person who has not attained 18 years of age.
(Ord. No. 2012-68, § 1, 1-22-13)
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