City of Aberdeen – Ordinance No 26-03-04

ORDINANCE NO. 26-03-04

AN ORDINANCE AMENDING CHAPTER 34 – OFFENSES AND MISCELLANEOU PROVISIONS OF THE ABERDEEN CITY CODE REGARDING AIR GUNS AND HOAX WEAPONS

WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and

WHEREAS, City Council has determined that the following ordinance will protect the health, safety, and property of its citizens.

BE IT ORDAINED BY THE CITY OF ABERDEEN, SD, THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:

1. 34-78   of   Chapter   34   –    OFFENSES    AND    MISCELLANEOUS

PROVISIONS is hereby amended with underline indicating text to be added and strikethrough indicating text to be deleted and the remainder to be left unaffected:

Sec. 34-78. Air guns, slingshots.

It shall be unlawful for any person to discharge any air gun, air soft gun, pellet gun, or BB gun, or use any slingshot, or any device of like character within the limits of the city. A device of like character discharges a projectile capable of causing injury to a person or animal but without the use of gunpowder or a propellant that upon oxidization emits heat and light.

2. A new section shall be added to Article OFFENSES INVOLVING PUBLIC SAFETY, of Chapter 34 – OFFENSES AND MISCELLANEOUS PROVISIONS:

Sec. 34-80. Improper use of hoax weapon by adult; exceptions; restitution.

• Prohibited actions. It shall be unlawful for any adult to intentionally use or handle a hoax weapon within the limits of the city so as to cause public anxiety, unrest, fear, or inconvenience, or the evacuation or disruption of a building, place of assembly, or public facility.
• “Hoax weapon” means a look-alike, imitation, or simulated weapon which is used or handled in such a manner or under such circumstances that would cause a

person to reasonably believe it is an actual or real weapon. For purposes of this section, a firearm recognized under state or federal law is not a hoax weapon, and nothing in this section is intended to restrict or prohibit the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.

• The following shall be excepted from the restrictions in subsection (a) of this section if the device is being used or handled:
  • For a theatrical or motion picture presentation or historical reenactment;
  • In a firearm training class taught by a certified firearm instructor;
  • On a licensed shooting range;
  • On real property owned by the owner of the hoax weapon, provided the use complies with section 34-78 and all applicable laws, rules, or regulations;
  • In a temporary, organized firearms display or exhibition during which guns, pistols, or other firearms are discharged using blanks or bullets made of wax, paraffin, or similar material and such organized display is approved in advance by the chief of police or his or her designee;
• In a gun salute performed by a bona fide veterans service organization or the armed forces of the United States; or
• In a designated paintball
• In addition to the penalties for a violation of this section, the court may, after conviction or adjudication of any violation of this section, conduct a hearing to ascertain the extent of costs incurred, damages, and financial loss suffered by municipal, county, or state public safety agencies, and the amount of property damage caused as a result of the violation. A person found guilty of violating this section may be ordered to make restitution to the municipal, county, or state public service agency for any cost incurred, damages, and financial loss or property damage sustained as a result of the violation; provided, however, that restitution may not exceed the limitation for a small claim proceeding under SDCL chapter 15-39. An order of restitution may be enforced in the same manner as a judgment in a civil action and, in the event of a default, as set forth at section 1-10.

3. Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
4. Effective Date. The City Finance Officer shall cause this ordinance to be published in the official newspaper in clean text with all deletions and additions incorporated therein and footnotes This ordinance shall become effective twenty

(20) days after the completed publication, unless the referendum is invoked.

/s/ Travis Schaunaman, Mayor, ATTEST: Jordan McQuillen, Finance Officer

First Reading: March 2, 2026, Second Reading: March 16, 2026, Final Adoption: March 16, 2026, Published: March 19, 2026, Effective Date: April 8, 2026

Published once on March 19, 2026, at the total approximate cost of $53.47 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com