HomeMy WebLinkAbout0421 Firearm Replicas 1994CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 42j
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING A NEW
SECTION 9.08.210, PROHIBITING THE EXHIBITION OR DRAWING OR
POINTING OF A REPLICA OF A FIREARM IN A THREATENING MANNER;
REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. The Police Department has reported a
growing number of instances wherein citizens have been threatened
by individuals brandishing what appear to be genuine firearms.
Currently law enforcement officials cannot cite people for such
conduct even though it is potentially lethal to them and others
because current laws deal only with exhibition and discharge of
real firearms. The City Council wishes to prohibit such conduct
and protect its citizens from such danger.
Section 2. Addition of Section 9.08.210. The following
Section 9.08.210 is added to the Chubbuck Municipal Code:
9.08.210 Drawing or Exhibiting Imitation Firearm
Prohibited. No person shall, except in self-defense, draw,
brandish, or exhibit an imitation firearm in a threatening manner
against another in such a way as to cause a reasonable person
apprehension or fear of bodily harm. For purposes of this
section, an imitation firearm means a replica of a firearm that
is so substantially similar in physical properties to an existing
genuine firearm as to lead a reasonable person to conclude that
the replica is a firearm.
Ordinance - Page 1
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ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 9th_ day of August , 1994.
OR
ATTEST:
CITY CLERK
Ordinance - Page 2
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