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0421 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 saw chbbck06.301 0 0 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and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.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 saw chbbck06.301