Sec. 36-156. - Armor-piercing bullets.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Armor-piercing bullet means any bullet which is coated with a nonstick fluoropolymer finish, such as the registered trademark finishes, Teflon, Halon, Halar, Flvon, Soreflon or Algoflon.

(2)

Bullet means a round or elongated missile designed to be fired from a firearm.

(3)

Bulletproof vest means any commercially available, soft, lightweight body armor, usually consisting of several layers of a polyaramid fiber tradenamed "Kevlar."

(b)

Offenses. It shall be unlawful for any person to bring into the city or to manufacture, sell, distribute, possess or use armor-piercing bullets or any other bullets similarly coated with a nonstick fluoropolymer finish. It shall further be unlawful for any person which is in the business of manufacturing firearms to possess the component parts of any armor-piercing bullet.

(c)

Penalties. Any person who violates the provisions of this section shall upon conviction be subject to a minimum fine of $100.00 and a maximum fine of $500.00, or to imprisonment not exceeding 90 days, or both, for each offense.

(Code 1968, § 39-2.1)

State law reference— Dealers in deadly weapons, 24 Del. C. § 901 et seq.

Sec. 36-157. - Firearms dealers; storage, display.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Dealer means any individual, firm, association, partnership or corporation engaged in the business of selling firearms, purchasing firearms for resale or conducting a gunsmith or firearms repair business. Whenever used in any cause prescribing and imposing a penalty, the term "dealer," as applied to any partnership or association, shall mean the partners or members thereof, and as applied to any corporation, shall include the officers thereof.

(2)

Firearms means any rifle, revolver, pistol or shotgun capable of propelling a projectile by means of an explosive material or charge.

(b)

During the hours they are not regularly open for business, dealers shall store all firearms in accordance with the following requirements:

(1)

No firearms shall be displayed in windows.

(2)

All firearms must be placed in an approved safe, vault or properly secured storeroom. Any dealer may comply with the requirements of this section by providing an approved steel safe wherein any firearms may be stored and locked during nonbusiness hours.

(c)

Before promulgating any regulations designed to carry out the intent and purpose of this section, the department of licenses and inspections shall consult with the police department.

(d)

No dealer shall receive a permit to store firearms unless he complies with the provisions of this section and regulations issued pursuant thereto.

(e)

Any dealer who violates the provisions of this section shall be advised in writing by the department of licenses and inspections of the nature of the violation, and shall be required to comply with the provisions of this section within the period indicated in such notice; provided, that in no case shall the time permitted for such compliance exceed 60 days. Each day that any dealer fails to comply with the requirements of this section or to make the changes indicated in any notice of violation, after the period allowed for such compliance has expired, shall constitute a separate violation of this section.

(f)

Any person who violates the provisions of this section shall, upon summary conviction, be subject to a minimum fine of $100.00 and a maximum fine of $500.00 or to imprisonment not exceeding 90 days, or both, for such offense.

(Code 1968, §§ 39-35.1, 39-35.2; Ord. No. 92-053(sub 1), § 26(n), 7-2-92)

State law reference— Dealers in deadly weapons, 24 Del. C. § 901 et seq.

Sec. 36-158. - Certain firearms prohibited.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Converted starter pistol means a starter pistol which has been altered to fire a projectile with sufficient force to cause death or physical injury.

(2)

Short-barreled rifle means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle, whether by alteration, modification or otherwise, if such weapon, as modified, has an overall length of less than 26 inches.

(3)

Smooth-bore shot revolver means a revolver with a smooth-bore having been reamed out so that it can be used to fire shot-shell.

(4)

Zip gun means any weapon or instrument not originally designed to be a firearm which has been made or altered to discharge a projectile with sufficient force to cause death or physical injury.

(b)

It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell or possess a smooth-bore shot revolver, short-barreled rifle, zip gun, or converted starter pistol.

(c)

Any law enforcement officer while performing his lawful duties within the city shall be exempted from the effect of this section. For purposes of this section, the term "law enforcement officer" includes police officers, the attorney general, the attorney general's deputies and investigators, the sheriff, and the sheriff's deputies, prison guards, constables and bailiffs.

(d)

A conviction of violation of this section shall be punishable by a fine of not less than $500.00 and not more than $2,500.00 or by both such fine and imprisonment not exceeding six months. The minimum sentence of a $500.00 fine shall not be subject to suspension or reduction for any reason.

(Code 1968, § 39-19.1; Ord. No. 92-053(sub 1), § 26(j)(1)—(j)(3), 7-2-92)

State law reference— Possession of destructive weapon, 11 Del. C. § 1444; unlawfully dealing with a dangerous weapon, 11 Del. C. § 1445; dealers in deadly weapons, 24 Del. C. § 901 et seq.

Sec. 36-159. - Nunchaku.

(a)

It shall be unlawful for any person to possess a nunchaku.

(b)

The term "nunchaku" as used in this section means any device designed primarily as a weapon consisting of two or more links of rigid material attached at the ends by a thong, rope or chain, in such a manner so as to allow free movement of the device while held in the hand and which is capable of being rotated in such a manner as to inflict serious injury upon a person.

(c)

Any law enforcement officer while performing his lawful duties within the city shall be exempted from the effect of this section.

(d)

Anyone who violates this section shall be imprisoned for not less than ten days nor more than six months or fined not less than $50.00 nor more than $500.00, or both.

(e)

It shall be an affirmative defense that the defendant was carrying a nunchaku for a specific lawful purpose and that the defendant had no intention of causing any physical injury or threatening the same.

(Code 1968, § 39-19.2)

Sec. 36-160. - Shuriken.

(a)

It shall be unlawful for any person to throw any shuriken at any person, vehicle, building, tree or any other public or private property.

(b)

The term "shuriken" as used in this section means a metal object in the shape of a star with one or more deadly points, usually eight in number, which is capable of being thrown or used in such a manner as to inflict serious injury upon a person.

(c)

Anyone who violates this section shall be imprisoned for not less than ten days nor more than six months or fined not less than $50.00 nor more than $500.00, or both.

(Code 1968, § 39-19.3)

Sec. 36-161. - Stun guns, etc.

(a)

It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, or possess a converted tear gas gun, stun gun or taser gun.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Converted tear gas gun means a tear gas gun which has been altered to fire a projectile with sufficient force to cause death or physical injury.

(2)

Stun gun means any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.

(3)

Taser gun means any device contained in a package which permits it to be handheld, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net, or dart carrying fine wires from the package to the target and which, upon hitting a person can send out current capable of disrupting the person's nervous system in such a manner as to render the person incapable of functioning normally.

(c)

Any law enforcement officer while performing his lawful duties within the city shall be exempted from the effect of this section. For purposes of this section, the term "law enforcement officer" shall include police officers, the attorney general, the attorney general's deputies and investigators, the sheriff, and the sheriff's deputies, prison guards, constables and bailiffs.

(d)

A conviction of violation of this section shall be punishable by a fine of not less than $500.00 and not more than $2,500.00 or by both such fine and imprisonment not exceeding six months. The minimum sentence of $500.00 fine shall not be subject to suspension or reduction for any reason.

(Ord. No. 92-053(sub 1), § 26(j)(4)(39-19.4), 7-2-92)

State law reference— Possession, sale, etc., of martial arts throwing star, 11 Del. C. § 1453.

Sec. 36-162. - Discharge of firearms on street, etc.

(a)

Whoever, except in lawful self-defense, and notwithstanding intent or lack of intent, discharges any firearm on any public street, sidewalk, alley, roadway or other public place within the city, or in any nonpublic place, if such discharge results in a projectile entering into, over or upon a public place, shall be guilty of a misdemeanor.

(b)

Any person convicted of such an offense shall upon conviction be fined up to $2,300.00 for an individual or $5,750.00 for a corporation, and be required to make restitution or meet other conditions deemed appropriate in accordance with the provisions of 11 Del. C. §§ 4206 and 4208 and, in the discretion of the court, may be imprisoned for not more than one year.

(c)

The prohibitions of this section shall not apply, however, to the implementation of a firearm use training program for police officers and for harbor officers at the Port of Wilmington; provided, however, that such training sessions shall be conducted solely under the supervision of the chief of police or his designee.

(Code 1968, § 39-21.1; Ord. No. 97-013, § 1, 4-3-97)

Sec. 36-163. - Hunting.

It shall be unlawful for any person to use and discharge the type of firearm commonly known as a shotgun for the purpose of hunting in any area of the city, except in accordance with the applicable provisions of 7 Del. C. and regulations adopted pursuant thereto. A violation of this section shall be punishable in accordance with section 1-5.

(Ord. No. 92-053(sub 1), § 26(k)(39-22), 7-2-92)

Sec. 36-164. - Slingshots.

(a)

No person shall sell, or offer for sale, or have in his possession, any rubber or other parts or things ordinarily used for the purpose of making what is known as a slingshot, or any slingshot already made.

(b)

Any police officer is authorized to seize, remove, confiscate and destroy any rubber or other parts of things used for the purpose of making what is known as slingshots, or any slingshot already made.

(Code 1968, § 39-67)

Sec. 36-165. - Paint pellet guns.

(a)

It shall be unlawful for any person to use or discharge a paint pellet gun in the city, usually used in connection with the game known as "paint ball" which is similar to the childhood game of "capture the flag," unless said discharge occurs in a licensed, supervised recreational facility during the facility's hours of operation. For purposes of this sub-section, a paint pellet gun or paint ball gun is defined to include any instrument which releases a projectile, including but not limited to paint balls, which consist of a thin plastic shell or capsule filled with a water-soluble paint, propelled by spring mechanism, compressed gas, explosive charge, or any combination thereof, regardless of speed or distance at which the projectile is capable of being released. While they may not be lethal, they can cause serious injury.

(b)

It shall be unlawful for any person to conceal a paint pellet gun or paint ball gun in the city, without regard to whether the gun is discharged or contains any projectiles.

(c)

It shall be unlawful for any minor to possess a paint pellet gun or paint ball gun in the city, without regard to whether the gun is discharged or contains any projectiles. For purposes of this subsection a minor is defined as any person who has not reached the age of 18 as of the date of the offense.

(d)

A conviction of violation of this section shall be punishable by a fine of not less than $500.00.

(Ord. No. 98-086, § 1, 8-6-98; Ord. No. 04-005(sub 1), § 1, 7-8-04)

Sec. 36-166. - Certain uses of laser beam pointers prohibited.

(a)

It shall be unlawful for any person to focus, point or shine a laser beam directly or indirectly on another person or animal in such a manner as intended to harass or annoy, or place another person in fear of imminent physical injury. This section shall not prohibit or prevent use of a laser beam pointer by persons responsible for an audio presentation or in a controlled setting for medical or scientific purposes. The penalty for violation of this section shall be a fine in an amount not more than $500.00 or imprisonment for up to 30 days, or both such fine and imprisonment.

(b)

The term "laser beam pointer" used in this section means any hand-held device capable of projecting a coherent beam of light amplified by stimulated emission of radiation.

(Ord. No. 98-127, § 1, 11-9-98)

Sec. 36-167. - Skateboarding prohibited in certain areas.

(a)

Prohibited areas. The use of a skateboard by any person shall be prohibited in the following locations:

(1)

Any public sidewalk, except that skateboarding shall be permitted on public streets and sidewalks in any residential zoning district;

(2)

Any city square or plaza; and

(3)

Any public or private property where signs have been posted at the entrance or displayed prominently on the property prohibiting the use of skateboards.

(b)

Damage to city property. No person shall operate a skateboard on or against any city-owned table, bench, parking stop, concrete step, retaining wall, statue or other improvement which may suffer damage by such use.

(c)

Definitions. The term "skateboard" used in this section has its ordinary meaning and includes a board of any material with wheels affixed to the underside, designed to be ridden by a person who propels himself or herself by pushing the platform forward and then riding upon it as it coasts. For the purposes of this section the term "skateboard" shall include the terms "scooter" and "coaster."

(d)

Penalties.

(1)

Any person violating any provision of this ordinance shall be fined not less than $25 nor more than $100 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(2)

Agreement for impoundment. In lieu of any other penalty provided by law, any person violating this section may, for the first offense, agree to have the skateboard impounded by the police department for one week.

(Ord. No. 98-138, § 1, 11-23-98)

Secs. 36-168—36-190. - Reserved.