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Ordinance 2006-17 ORDINANCE NO. 2006-17 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADDING CHAPTER 74 TO THE WYLIE CITY CODE REGULATING THE USE AND POSSESSION OF LASER POINTER DEVICES; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR A PENALTY PROVISION; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it is beneficial and advantageous to the citizens of Wylie to enact this Ordinance to address public safety, welfare, health and nuisance concerns created by the mishandling of laser pointer devices. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Wylie City Code Amended. The City Code of Wylie IS hereby amended to add Chapter 74 as follows: Chapter 74 Re2ulation of Laser Pointers ARTICLE 1. Purpose and Intent. The City Council finds that: (a) The Federal Drug Administration and other agencies have issued warnings on the misuse of laser pointers, particularly in connection with minors; (b) Laser pointer misuse has been associated with visual impairment such as temporary "tlashblindness", headaches, and "afterimages"; (c) In addition to visual impairment, exposure to lasers can cause temporary distraction or panic, posing the potential for serious physical harm in some cases; (d) Laser pointer beams have been misused by minors and others to distract, harass, alarm or annoy persons or animals, and can be mistaken for the laser sighting device of a firearm; and Ordinance No. 2006-17 Laser Pointer Devises (e) Laser pointer use within the City threatens public peace, safety and welfare, and should be regulated. ARTICLE 2. Definitions. In this Ordinance, the following words and terms shall have these defined meanings: (a) City is the City of Wylie, Texas. (b) Knowingly means having general knowledge of, or reason to know, or justify a belief or ground for belief which warrants further inspection or inquiry of the age of a minor. (c) Laser pointer means any hand-held device containing a small diode laser that is capable of emitting an intense beam of light. (d) Minor means a person less than eighteen (18) years of age. (e) Parent means the natural or adoptive parent or court-appointed guardian or conservator of a minor. (f) Person means an individual, partnership, cooperative association, corporation, limited liability company, personal representative, trustee, receiver, assignee or any other entity. ARTICLE 3. Possession by Minors Unlawful. (a) It shall be an offense for any minor to possess a laser pointer except in the residence of that minor. (b) The provision of subsection (a) in this section do not apply if: 1. The minor is accompanied by his or her parent or legal guardian; 2. The laser pointer is temporarily transferred to the minor for an educational or other lawful purpose and the minor is under the direct supervision of a parent, legal guardian, teacher, employer or other responsible person eighteen (18) years of age or older; or 3. The minor's possession of the laser pointer is necessary for his or her employment, trade, or occupation and it is necessary for the pointer to be carried on his or her person. ARTICLE 4. Prohibited Uses. (a) It shall be an offense for any person to direct the light from a laser pointer into the eye or eyes of another person. Ordinance No. 2006-17 Laser Pointer Devises (b) It shall be an offense for any person to direct the light from a laser pointer upon another person, a person's vehicle, or upon an animal, in such a manner as to cause harassment to that person, a motorist, or animal. (c) This section shall not apply to: 1. A person who is licensed or otherwise authorized by law to use a laser device in the person's profession if the laser device is used by the person in discharging or attempting to discharge the person's official duties; or 2. A law enforcement officer who uses a laser device in discharging or attempting to discharge the officer's official duties. (d) It shall be an offense for a parent to allow or permit a minor to commit an offense under this Article. (e) It is presumed that a parent allowed a minor to commit an offense under this Article. ARTICLE 5. Use on Law Enforcement and Other City Personnel Unlawful. It shall be an offense for any person to knowingly direct light from a laser pointer at: (a) A uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer; or (b) The service vehicle of any such individual or agency. ARTICLE 6. Penalty. Any person violating the provisions of Article 5(a) shall be guilty of a Class C misdemeanor, and upon conviction thereof shall be punished in accordance with the Texas Penal Code, as it exists or may be amended; and any person violating any other provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). In the case of a minor, the parents of legal guardian shall be jointly and severally liable with the minor for the payment of all fines. SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4: Repealing/Savings Clause. All prOVisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such Ordinance No. 2006-17 Laser Pointer Devises repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as set forth in Article 6, above. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as provided by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 1 4th day of March, 2006. "4P John ondy, Mayor \",IIl1 111111/ ,,\ 0 F IA ,'" " _I yv " ", ~ "' ~..e.... ~ /'/ " ,-" .~ ~~,/ , .....,81 .," ~ (;...~ .e~ ~""\~ ::: : il""~ '.'0 ... ; { SEAL .} ~ ~ \ ~:~j i E ':.. '1lO ~lf.... '" {I> \;..... ~ I.A ~"'_1,., t."elll ~ --'/ '!/Y: 4-~".G""~'" ~ ,....." ,1{'.I/ I...! t T('f-. If.. \", " i i /1/;11; I \I' \ \' ATTEST TO: Date of publication in The Wvlie News - March 22. 2006 Ordinance No. 2006-17 Laser Pointer Devises ORDrNANCE NO. 2006~ J '7 AN ORDrNANCE UF THE CITY OF WYLIE, TEXAS, ADDING CHAPTER 74 TO THE WYLIE CITY CODE REGULATING THE USE AND POSSESSION OF LASER POINTER DEVICES: PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR A PENALTY PROVISION- PROVIDING FOR ,~['-I EFFECTIVE DATE: AN lJ PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. John Mondy. Mayor ATTEST: Carole Ehrlich, City Secretary 44~ I t~339~()6 Ii ..