As used in this chapter, "air rifle" means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm which is designed to expel a projectile or projectiles under .18 inch in diameter constructed of hard plastic, steel, lead or other hard materials by the action of an explosion, expansion of gas or escape of gas with a force that reasonably is expected to cause bodily harm. (Ord. 87-1182 § 1, 1987)

(a) It is unlawful for any person under twenty-one years of age to carry any air rifle on the public streets, roads, highways or public lands within the village.

(b) It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range. (Ord. 87-1182 § 1, 1987)

A person commits the offense of unlawful use of weapons when he or she knowingly:

(1) Carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode or fixed place of business any air rifle, stun gun or taser or other deadly weapon; or

(2) Carries or possesses any air rifle, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or

(3) Carries or possesses in a vehicle or on or about his or her person any air rifle, stun gun or taser or other deadly weapon, when he or she is hooded, robed or masked in such manner as to conceal his or her identity; or

(4) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of the village, except when an invitee thereon or therein, for the purpose of the display of such weapon or the unlawful commerce in weapons, or except when on his or her land or in his or her own abode or fixed place of business, any air rifle, stun gun or taser or other deadly weapon.

(5) The presence in an automobile other than a public omnibus of any air rifle, stun gun or taser or other deadly weapon is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such air rifle, stun gun or taser or other deadly weapon is found, except under the following circumstances: (i) if such air rifle, stun gun or taser or other deadly weapon is found upon the person of one of the occupants therein; or (ii) if such air rifle, stun gun or taser or other deadly weapon is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver. (Ord. 87-1182 § 3, 1987)

Notwithstanding any provision of this chapter, it is lawful for any person under twenty-one years of age to have in his or her possession any air rifle if it is:

(1) Kept within his or her house of residence or other private enclosure;

(2) Used by the person under twenty-one years of age and he or she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or

(3) Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.

(4) This chapter shall not apply to law enforcement officers or security officers, nor to students carrying or possessing air rifles for use in training courses, parades, hunting, target-shooting on school ranges, or otherwise with the consent of school authorities and which air rifles are transported unloaded and enclosed in a suitable case, box or transportation package. (Ord. 87-1182 § 4, 1987)

Police officers of the village shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this chapter. (Ord. 87-1182 § 5, 1987)

The parent or legal guardian of an unemancipated person under twenty-one years of age residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility, and said parent or legal guardian shall be responsible for damages and the resulting fine upon conviction of a violation of this chapter. (Ord. 87-1182 § 6, 1987)

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than two hundred dollars for the first offense, five hundred dollars for the second offense, and one thousand dollars for the third offense. (Ord. 87-1182 § 7, 1987)