HomeMy WebLinkAboutOrdinance No. 07-O10ORDINANCE NO. 07-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA
MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION
FIREARMS (TOY OR REPLICA GUNS)
WHEREAS, California Penal Code sections 12500 through 12556 regulate the
sale and distribution of imitation firearms, including BB devices; and
WHEREAS, the existing provisions in the Azusa Municipal Code do not address
imitation firearms; and
WHEREAS, the City Council and City staff have expressed concerns over the
dangers of imitation firearms begin sold and distributed to minors; and
WHEREAS, the City Council desires to amend the Azusa Municipal Code to
provide restrictions on the sale and distribution of imitation firearms to minors as well as
to prohibit the possession of imitation firearms by minors.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 46-432 of Chapter 46, Article X is hereby amended to read
as follows:
"Sec. 46-432. Possession by minors.
(a) Except as otherwise provided for in this article, it is unlawful for any minor
person under the age of 18 years to have in his or her possession or under his or her
control, care or custody any gun, revolver, pistol, firearm, spring gun, airgun, air rifle,
sling, slingshot or device designed or intended to discharge or capable of discharging
any dangerous missile, cartridge, projectile or any device containing any explosive
substance designed or intended to be used in or fired from any gun, pistol or firearm.
(b) Except as otherwise provided for in this article, it is unlawful for any minor
person under the age of 18 years to have in his or her possession or under his or her
control, care or custody any imitation firearm. As used in this article, "imitation firearm"
means any BB device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an existing firearm as to
lead a reasonable person to perceive that the device is a firearm. As used in this
article, the term "BB device" means any instrument that expels a projectile, such as a
BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas
pressure, or spring action, or any spot marker gun."
Section 2. Section 46-433 of Chapter 46, Article X is hereby amended to read
as follows:
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"Sec. 46-433. Providing to minors.
Except as otherwise provided for in this article, it is unlawful for any person to
sell, give, loan or in any way furnish or to cause or permit to be sold, given or loaned or
in anyway furnished to any minor person under the age of 18 years any gun, revolver,
pistol, firearm, imitation firearm, spring gun, airgun, air rifle, sling, slingshot or device
designed or intended to discharge or capable of discharging any dangerous missile,
cartridge, projectile such as a BB or a pellet not exceeding 6mm caliber, or any device
containing any explosive substance designed or intended to be used in or fired from
any gun, pistol or firearm."
This section shall not apply to or include any person who loans, gives or
furnishes to any minor person under the age of 18 years any firearm or weapon or
device when and only when it is so loaned, given or furnished with the express or
implied permission of the parent or legal guardian of the minor and is for the purpose of
such minor person under 18 years of age actually participating in shooting at any
designated target ranges described in Section 46-435, or while traveling to or returning
from such target ranges."
Section 3. New section 46-437 of Chapter 46, Article X is hereby added to
read as follows:
"Sec. 46-437. No Public Display of Imitation Firearms.
No person may openly display or expose any imitation firearm, as defined in this
article, in a public place except for educational or historical purposes. For purposes of
this section, the term "public place" means an area open to the public and includes, but
is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, front
yards, parking lots, playgrounds, automobiles, whether moving or not, and buildings
open to the general public, including those that serve food or drink, or provide
entertainment, and the doorways and entrances to buildings and dwellings. Violation of
this section is subject to any and all penalties provided for in this article, as well as any
applicable penalties under State law. This section shall not apply under the specific
circumstances provided for in California Penal Code section 12556, subdivisions (d)(1)
through (d)(13)."
Section 4. New section 46-438 of Chapter 46, Article X is hereby added to
read as follows:
"Sec. 46-438. Penalties.
(a) Criminal penalties. Any person who willfully violates the provisions of
Chapter 46, Article X, sections 46-432 and 46-433 of this Code shall be guilty of a
misdemeanor.
(b) Administrative penalties. In addition to or in lieu of criminal penalties, an
administrative fine or penalty may be imposed as authorized in Chapter 1, section 1-24
of this Code for any violation of Chapter 46, Article X, section 46-432 or section 46-433.
(c) Revocation or suspension of business license. In addition to the penalties
provided in this section, any individual, business; business establishment, vendor,
organization, or entity which possesses a valid business license granted by the city and
which violates section 46-432 or section 46-433 of this article by selling, distributing, or
otherwise furnishing imitation firearms to minors may be subject to revocation or
suspension of such business license, pursuant to Chapter 18, Article I, section 18-21 of
this Code.
(d) State law. The provisions of this section are in addition to any penalties
imposed by applicable State law, including but not limited to the California Penal Code,
sections 12550 through 12556."
Section 5. If any section, subsection, sentence, clause, phase, or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that. it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or portions might subsequently
be declared invalid or unconstitutional.
Section 6. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 7. The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted as required by law.
PASSED, APPROVED, AND ADOPTED this 16th day of July 2007.
City Clerk
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�,�Josel6h Rocha
° Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 07-010, was duly introduced and placed upon its first reading
at a regular meeting of the City Council on the 16th day of July, 2007, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the 6th day of August, 2007, by the following vote, to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Vera Mendoza
City Clerk
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