§ 51.14. Air rifles.

(a)

Definitions. As used in this chapter:

(1)

"Air rifle" means any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun, or any implement that is not a firearm that:

(A)

Impels a breakable paint ball containing marking colors; or

(B)

A pellet constructed of hard plastic, steel, lead, or other hard materials with a force that reasonably is expected to cause bodily harm.

(b)

Prohibition. It shall be unlawful for any person under eighteen (18) years of age to carry any air rifle on the public streets, roads, highways, or public lands within the City.

It shall be unlawful for any person, irrespective of age, to discharge any air rifle from or across any street, sidewalk, road, highway or public land, or any public place except on a safely constructed target range.

It shall be unlawful of any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of eighteen (18), where the dealer knows or has cause to believe that the person to be under eighteen (18) years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.

It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under eighteen (18) years of age except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age, or where such person stands in loco parentis to the person under eighteen (18) years of age.

(c)

Exemption. Notwithstanding any provisions of this Chapter, it is lawful for any person under eighteen (18) years of age to have in his possession any air rifle if it is:

(1)

Kept within his house of residence or other private enclosure;

(2)

Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities, or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only if the air rifle is actually being used in connection with the activities of the club, team or society under the supervision of a responsible adult; or

(3)

Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property, and then only if it is used in such a manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residences.

(d)

Seizure and Removal. The City of Elmhurst Police Department shall seize, take, remove or cause to be removed at the expense of the owner any air rifle sold or used in any manner in violation of this Chapter.

(e)

Penalty. Any person who violates this Section shall be fined not less than two hundred fifty dollars ($250.00), nor more than one thousand dollars ($1,000.00) for each offense.

(Ord. 14-2004 § 1)