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It shall be unlawful for any person not a police officer in the execution of duty to discharge items commonly known as stun guns, tear gas, mace or any other chemical substance against any individual within the corporate limits of the City, except in defense of his person against an aggressor when and to the extent it appears to him and he reasonably believes that such conduct is necessary to defend himself or another against such aggressor’s imminent use of unlawful force, or in defense of his dwelling when and to the extent that it appears to him and he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon his dwelling. The preceding exceptions are not available to a person who:

(a) Is attempting to commit, is committing, or is escaping from the commission of, a forcible felony;

(b) Initially provokes the use of force against himself or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or

(c) Otherwise initially provokes the use of force against himself or another, unless:

(1) The person has reasonable grounds to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(2) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force. (Ord. 16547 § 1(15-95), 2-2-93. Code 1995 § 54-106.)