Chapter 9.32 — PAINTBALL MARKERS

"Authorized paintball ammunition" shall mean paintball ammunition containing nonpermanent watersoluble or air-soluble paint.

"Authorized paintball marker" shall mean a paintball marker that is not a realistic replica of a lethal weapon and is easily distinguishable from such by design and color. An authorized marker must have a clearly visible top-end paintball loader. Its configuration must be such as that no reasonable person would confuse the marker with a lethal weapon.

"Loaded" as applied to paintball markers shall mean:

1. In the case of gas- or electrically-powered paintball markers, a paintball marker with either or both its propellant and ammunition loading device attached.

2. In the case of paintball markers using spring or elastic tension as the propelling force, a paintball marker that is either or both "cocked" and has its ammunition loading device attached.

"Paintball ammunition" shall mean any capsule containing paint designed for use with a paintball marker.

"Paintball marker" shall mean any marker, gun, launcher or other device designed to fire paintball ammunition. It does not include aerosol cans, commercial-type paint sprayers and commercial paint markers.

"Prohibited paintball ammunition" shall mean paintball ammunition containing permanent or insoluble paint or other material designed to mark or stain what it strikes. It also includes all paint "grenades," plastic bags filled with paint, or other devices designed to deliver a large quantity of paint and rupture on impact.

"Prohibited paintball marker" shall mean any paintball marker not meeting all the requirements of an authorized paintball marker.

"Propellant" as applied to paintball markers shall mean any gas cylinder, battery, spring or elastic device used to power a paintball marker. (Prior code § 3-21.1)

Except 1) within a facility designed, permitted and licensed for recreational paintball activity, or 2) in agricultural or industrial applications, or 3) on private property not visible from the public right-of-way and with the prior permission of the property owner, tenant or their agent, or 4) as specifically authorized by the City Manager, or designee, it shall be a violation punishable pursuant to Chapter 1.08 of this Code to:

• A. Discharge, fire, shoot or operate, or to assist or participate in the discharging, firing, shooting or operation of any paintball marker at any person, animal, vehicle, inhabited or uninhabited dwelling, building, structure, sign or other public property or other private property;

• B. Brandish or to assist or participate in the brandishing of any paintball marker, whether loaded or unloaded, in a menacing manner at any person, animal, vehicle, inhabited or uninhabited dwelling, building, structure, sign or other public property or other private property;

• C. Transport a loaded paintball marker in any vehicle;

• D. Carry a loaded paintball marker on any public property;

• E. Use or permit the use of any unauthorized paintball marker;

• F. Use or permit the use of any unauthorized paintball ammunition, except that paintballs containing permanent or insoluble paint may be used in agricultural or industrial applications.

(Prior code § 3-21.2)