A. For the purposes of this Section, the following definitions apply:
1. Tear gas, mace, pepper mace, or any similar deleterious agent: a
sternutator, lacrimator, or any substance composed of a mixture of a
sternutator or lacrimator, including, but not limited to chloroacetophenone,
alpha-chloroacetophenone, phaenylchloro-methylketone,
orthochloro-benzalmalononitrile, oleoresin capsicum, or any chemical or
combination of chemicals, whether in liquid, solid form, or gas capable of
generating offensive, noxious or suffocating fumes, gases, or vapor capable of
producing temporary discomfort, permanent injury, paralysis, immobilization,
tears, nausea, or other illness.
2. Tear gas weapon: includes but is not limited to any shell,
cartridge, or bomb capable of being discharged or exploded, when the discharge
or explosion will cause or permit the release or emission of tear gas or
oleoresin capsicum, mace, pepper mace or other similar deleterious agent.
3. Stun gun: an electrical device that transmits an electrical
charge designed to incapacitate humans or animals.
B. It is unlawful for any person, corporation, or association to offer
for sale, sell, furnish, transport, carry, possess, or use, within the City
limits, any tear gas weapon or stun gun. This Subsection does not apply to:
1. Police officers in the performance of their duties;
2. Members of the armed forces of the State of Oregon and the United
States in the performance of their official duties;
3. Manufacturers, distributors, or commercial sellers when selling
tear gas to any governmental agency for official use;
4. Manufacturers, distributors, or commercial sellers when selling
tear gas to any person, corporation or association when such sale is not in
violation of this Section;
5. Persons involved in the bona fide scientific, educational, or
industrial use of tear gas;
6. Persons, who have not been convicted of any felony, who possess
or use tear gas, provided that it is contained in a device that is
commercially manufactured to dispense tear gas from an aerosol tube as a
self-defense weapon, and is designed to contain not more than 4 fluid ounces
per device;
7. Persons, who have not been convicted of any felony, and who are
18 years of age or older who possess or use a stun gun for the purpose of
self-defense.
C. Exemptions numbers 4., 5., and 6. of this Subsection, above, do not
apply to devices that project tear gas by means of firing any type of cartridge
by powder discharge, spring action, compressed air, or any other means.
D. It is unlawful for any person to use, or attempt or threaten to use
tear gas or a stun gun against any person known to be, or who should reasonably
be known to be, a police officer engaged in the performance of official
duties.
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