§ 23-8.2. Imitation infectious biological, etc. substances.

(a)

It shall be a Class 1 misdemeanor for any person to:

(1)

Threaten injury to the person or property of another by the use of an imitation infectious biological, toxic or radioactive substance;

(2)

Use an imitation infectious biological, toxic or radioactive substance in such manner as to place any person in reasonable apprehension of death or bodily harm, or with the intent to disrupt or interfere with the operations of any law enforcement agency, fire department, or other city services, or with the intent to cause the closing or evacuation of any residence, business, school or place of public gathering;

(3)

Possess, manufacture, sell, give or distribute an imitation infectious biological, toxic or radioactive substance with the intent to place a person in reasonable apprehension of death or bodily harm; or

(4)

Knowingly release or place, or cause or procure to be released or placed in, on or around any residence, place of business, school, or place of public gathering, any imitation infectious biological, toxic or radioactive substance with the intent to place any person in reasonable apprehension of death or bodily harm.

(b)

As used in this section:

(1)

"Imitation infectious biological substance" means a substance, in any form whatsoever, which is not an infectious biological substance, and which:

a.

By overall appearance, including color, shape, size, marking, packaging or by representations made, would cause a reasonable likelihood that such substance in any form whatsoever would be mistaken for an infectious biological substance; or

b.

By express or implied representation purports to act like an infectious biological substance;

(2)

"Infectious biological substance" means any bacteria, virus, fungi, protozoa, or rickettsiae capable of causing death;

(3)

"Imitation toxic substance" means a substance, in any form whatsoever, which is not a toxic substance and which:

a.

By overall appearance, including color, shape, size, marking, packaging or by representations made, would cause a reasonable likelihood that such substance in any form whatsoever would be mistaken for a toxic substance; or

b.

By express or implied representation purports to act like a toxic substance;

(4)

"Toxic substance" means any substance, including any raw materials, intermediate products, catalysts, final products, or by-products of any manufacturing operation conducted in a commercial establishment, that has the capacity, through its physical, chemical or biological properties, to pose a substantial risk of death or impairment either immediately or over time, to the normal functions of humans, aquatic organisms, or any other animal;

(5)

"Imitation radioactive substance" means a substance, in any form whatsoever, which is not a radioactive substance, and which:

a.

By overall appearance, including color, shape, size, marking, packaging or by representations made, would cause a reasonable likelihood that such substance in any form whatsoever would be mistaken for a radioactive substance; or

b.

By express or implied representation purports to act like a radioactive substance; and

(6)

"Radioactive substance" means any substance that emits ionizing radiation spontaneously.

(Ord. No. 2674, 11-6-01)

(Ord. No. 2674, 11-6-01)