HomeMy WebLinkAboutOrd 1245-1999CITY OF SOUTH SAN FRANCISCO
ORDINANCE NO. 12~5-99
AN ORDINANCE ADDING CHAPTER 8.54 TO THE
MUNICIPAL CODE OF THE CITY OF SOUTH SAN
FRANCISCO REGARDING THE SALE, POSSESSION AND
USE OF LASER POINTERS
WHEREAS, the proliferation and use of laser pointers by persons at movie theaters,
funerals, sporting events, concerts, and other public gatherings have caused significant
annoyance to members of the public; and
WHEREAS, the directing of a laser beam into private residences may cause harassment
or annoyance to the inhabitants thereof; and
WHEREAS, the directing of a laser beam at a person's chest or other part of the body may
cause the person to fear being shot by a gun, especially when the laser beam is directed at police
officers; and
WHEREAS, the beam from a laser pointer directed into the eyes of persons operating
moving vehicles has the potential to distract the operators and cause serious bodily injury; and
WHEREAS, the United States Food and Drug Administration has issued a warning that
laser pointers directed into a person's eye has the potential to cause serious and permanent eye
damage; and
WHEREAS, laws restricting the sale, possession, and use of laser pointers in the cities of
San Ramon, Honolulu, New York City, Ocean City, Md., Philadelphia, Pa., Dearborn, Mi.,
Virginia Beach, Va., Chicago Ridge, II1., and others have effectively curtailed the misuse of laser
pointers to the benefit of the health, safety and welfare of the public;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER 8.54 IS HEREBY ADDED TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO READ AS FOIJJOWS:
CHAPTER 8.54
SALE, POSSESSION, AND USE OF LASERS POINTERS
8.54.010. Definition.
As used in this chapter, the term "laser pointer" means any handheld laser beam device
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which is not designated for use as an attachment to a firearm or for use in a medical procedure.
8.54.020. Directing laser beam into eyes of a person or animal.
No person shall intentionally focus or direct the beam from a laser pointer directly or
indirectly into the eye or eyes of another person or animal so as to harass, annoy, or injure said
person or animal.
8.54.030. Directing laser beam into a private residence.
No person shall intentionally focus or direct the beam from a laser pointer upon or into a
private residence so as to harass, annoy, threaten, or injure the inhabitants thereof.
8.54.040. Directing laser beam upon the body of a person.
No person shall intentionally focus or direct the beam from a laser pointer upon the body
of a human being so as to harass, annoy, threaten, or injure such person.
8.54.050. Directing laser beam into moving vehicle.
No person shall intentionally focus or direct the beam from a laser pointer into a moving
vehicle, including, but not limited to, cars, trucks, vans, airplanes, helicopters, and watercraft.
8.54.060. Possession of laser pointer by minor prohibited.
No person under 18 years of age shall possess or use a laser pointer except under the
direct supervision and control of the minor's parent, legal guardian, or other adult authorized by
the parent or legal guardian to exercise such supervision. No person shall be in violation of this
section if the possession or use of the laser pointer is necessary for his or her education,
employment, trade, or occupation and it is necessary for the laser pointer to be carried on his or
her person.
8.54.070. Sale of laser pointer to minor.
No person shall sell a laser pointer to any person under 18 years of age.
8.54.080. Violations.
Except as otherwise provided by this chapter, any person violating any of the provisions
of this chapter shall be guilty of an infraction.
SECTION 2. SEVERABILITY.
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
SECTION 3. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be published once, with the names of those City Councilmembers
voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of
South San Francisco, as required by law, and shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the
26th day of }~av ,1999.
Adopted as an Ordinance of the City of South San Francisco, held the
June , 1999.
9th day of
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Joseph A. Fernekes, Eugene R. Hullin, John
R. Penna, Hayor Pro Tem Karyl Hatsumoto, and Hayor James L. Datzman
None.
None.
None.
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 9th day of June , 1999.
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