A. For the purposes of this chapter, a “non-incendiary device” shall include, without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive or flame-producing device, acid bomb, dry ice bomb or any other device, material, chemical or substance, which, when exploded, opened, used or otherwise deployed does or will annoy, injure, endanger or inconvenience any person or persons.

B. Any person who shall (1) deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, or (2) counsel, aid, assist, encourage, incite or direct any other person or persons to deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, or (3) have in the person’s possession for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing or otherwise deploying in any building, or any place, or (4) counsels, aids, assists, encourages, incites or directs any other person or persons to deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, any non-incendiary device shall be guilty of a gross misdemeanor.

C. Anyone who enhances any non-incendiary device by adding either internally or externally any additional material that would create greater damage by becoming fragmentation or shrapnel will be subject to a mandatory minimum penalty of 90 days in jail, which cannot be served on work release or electronic home monitoring.

D. This section shall not apply to persons in the military service or commissioned law enforcement officers actually engaged in the performance of their duty or training or in the course of any training acting pursuant to orders from competent authority, nor shall this section apply to any property owner or person acting under their authority in providing protection against the commission of a felony. (Ord. 1911 § 2, 2003).