HomeMy WebLinkAboutordinance.council.022-04ORDINANCE NO. 22, SERIES OF 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, PROHIBITING THE DEFACEMENT, ALTERATION, OR
MODIFICATION OF BB, AIR, PELLET, AND PAINTBALL GUNS IN THE
CITY OF ASPEN; PROHIBITING THE DISCHARGE OF SUCH GUNS;
PROHIBITING THE SALE OF SUCH GUNS TO PERSONS UNDER THE' AGE
OF EIGHTEEN; PROHIBITING THE' DISPLAY OF SUCH GUNS IN PUBLIC,
AND PERMITTING THE SEIZURE OF SUCH GUNS IN CERTAIN
SITUATIONS.
WHEREAS, Aspen Police officers in recent years have responded to a number of
problems involving juveniles using imitation guns in public settings and causing alarm to
the general public, thereby creating a danger that an officer could use lethal force in
apparent self-defense, and creating the potential of injury to the public from the discharge
of BBs or pellets, and
WHEREAS, police departments across the United States reported the use of more than
31,000 imitation guns in crime related incidents over a five year period (source Bureau of
Justice Statistics), and
WHEREAS, it is in the best interests of the health, safety, and general welfare of the
citizens of Aspen to strengthen the laws regarding the use and possession of BB guns, air
guns, pellet guns, paintball guns and imitation guns, and
WHEREAS, the Aspen Police Department believes that the following statutory
provision will aid its officers in maintaining public peace and security.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding
a section which shall read as follows:
15.04.720 Prohibitions on BB, air, pellet, paintball, and imitation guns.
(a) It shall be unlawful to deface, alter, or modify a BB gUn, air gun, pellet gun, or
paintball gun from its original state in order to make it appear more like a
firearm or deadly weapon. This includes, but is not limited to, the removal
covering, or other modification of the orange safety caps, tips, or coatings placed
on BB guns, air guns, pellet guns, and paintball guns by manufacturers,
distributors, or sales personnel.
(b) It shall be unlawful for any person to fire or discharge a BB gun, air gun, pellet
gun, or paintball gun in the city limits of Aspen.
(1) Exception: Subsection (b) does not apply to the operation of a
BB gun, air gun, pellet gun, or paintball gun on private property
when the gun is used in conjunction with a target that is
protected by an appropriate barrier which prevents damage to
persons or neighboring property.
(2) Exception: Subsection (b) does not apply to any business or
special event licensed by the City of Aspen which is engaged in
the operation of BB gun, air gun, pellet gun, or paintball gun
games or events and which is operated in a controlled
environment and in an appropriate zone or approved location.
(c) It shall be unlawful to sell any person under the age of eighteen (18) a BB gun,
air gun, pellet gun, or paintball gun in' the city limits of Aspen.
(d) It shall be unlawful to carry or display a BB gun, air gun, pellet gun, paintball
gun, or imitation gun in public areas within the city limits of Aspen except under
the following conditions:
(1) The BB gun, air gun, pellet gun, or paintball gun shall be
unloaded or otherwise inoperable, and
(2) The BB gun, air gun, pellet gun, paintball gun, or imitation gun
shall be fully encased or enclosed so that no part of the gun is
exposed to the public, and
(3) The ammunition or compressed gas cylinders that may be used in
the operation of the gun shall be encased or enclosed.in a
separate compartment, bag, or box.
(e) A police or community safety officer may seize a BB gun, air gun, pellet gun,
imitation gun, or paintball gun when reasonable and probable grounds exist to
believe that a criminal offense has been committed with the gun or when the BB
gun, air gun, pellet gun, imitation gun or paintball gun has been used, carried, or
displayed recklessly or in violation of these provisions.
09 For purposes of this section, the following definitions shall apPly:
(1) "BB guns, air guns, pellet guns, or paintball guns" are "non-
powder firearms that expel a metallic Or plastic projectile, such
as a BB or pellet, through the force of air pressure, C02
pressure, pump or spring action, regardless of the muzzle
velocity, or are otherwise designated as BB guns, air guns, pellet
guns, or paintball guns by the manufacturer."
(2) "Imitation guns" are "non-firing replicas of guns or firearms. "
(3) "Toy guns, "which may also be included in the category of
"imitation guns, "encompass a wide range of less detailed non-
firing replicas of guns or firearms such as, but not limited to,
cap-pistols.
Section 2.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4.
A public heating on the ordinance shall be held on the ~day of ~ ., 2004,
in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the ~day of ~t~4A/&~._ , 2004.
ATTEST:
KathrYn S. ~f'(~h, City Clerk
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FINALLY adopted, passed, and approved thirty_ day of
2004.
ATTEST:
i(a~hryn S. K~I~, City-Clerk
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