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HomeMy WebLinkAbout1992-02-04; City Council; 11547; ORDINANCE REGULATING THE DISCHARGE OF BB AND PELLET GUNS1 4 ! $ d U n 1: s Z 0 F: 0 a 6 z 3 0 0 ClT@ OF CARLSBAD - AGE-A BILL AB # .-. TITLE: MTG. 2-9 - %L DEPT. RECOMMENDED ACTION: DEPT. H CITY AT ClTY MG ORDINANCE REGULATING THE DISCHARGE OF BB AND PELLET GUNS Introduce Ordinance No. 0s- \qAregulating the discharge of 8B and pellet guns. ITEM EXPLANATION: City Council has directed staff to prepare an ordinance regulating the use of BB or pellet gi known as air guns. Staff has analyzed the issue and prepared the proposed ordinance v address certain concerns related to the use of the guns but still allow them to be used on mc property. A variety of approaches have been taken by governmental agencies to regulate the manufac possession and use of such guns. The only State laws specifically regulating air guns prot use in committing a felony, exhibiting an air gun in a threatening manner or furnishing an I a minor without parental permission. State law preempts local ordinances pertainin manufacture, sale or possession of the guns but there are no State laws which pree ordinances regulating their use. In addition to surveying other North County Cities, the League of California Cities was co identify how other cities have dealt with the issue. Some cities include air guns along wit types of weapons and prohibit their use throughout their city while others only allow weaF used under certain conditions. The most common of the conditions include discharging a 1 self defense, at shooting galleries or by a Peace Officer when acting in the line of duty. TP Antioch and Ontario differentiate between air guns and other types of weapons and ret supervision to discharge air guns. The City of San Diego specifically addresses the use of ai sling shots by prohibiting their use on public streets, sidewalks or other public gathering pl city. Staff has prepared a draft ordinance similar to the City of San Diego regulation. The draft will prohibit the discharge of air guns on any public property including streets, sidewalks, or on private streets. A matrix showing the various approaches used by other cities is i Exhibit 1. The draft ordinance also revises current City firearm regulations by shifting ‘ permitting authority from the City Council to the Police Chief. This change is proposed to a prompt response to permit applications. FISCAL IMPACT: None EXHIBITS: 1. Matrix of approaches used by other agencies to regulate the use of air guns. &*;TT ,*A &-;c L [A *ydd,,L+L-,J & <-fix “/fAr- //:i#y4 w- J &Ti,...-, 2 cc,-4 /P+ /+>I.,L 2c L--L ; c 7 2. Revisions to Carlsbad Municipal Code Chapter 8.16 I -. . /--- 3. Ordinance Number ns- \ q L A 0 8 is X 9 3 0 k v) X 2 PI 0 .- 3 0 3 m mex zs 32 0 5 45 84 X I “3 5 w 4 Ea E or! 32 3 I3 r? 2 xw 2s m$x as 8 X 3 &= w- 4 <m % 20 DL r: 24 X X .e B e W .- 2 E .“ 8 4 Y Y 0 138 .- 3- 8 z 2 293 0-$ 3 !?s 0 €- a 8.g 32, .2 2, 2 2. .; d &5 23 3 aa eg p3 $ 2.- y *: c) 1 0 c o-m 2 45 U z 2” 4!L 2 -- X X U 0 .I v1 2 SL 21 3 ‘3 ‘$& .) 0 0 ! EXHIBIT 2 "8.16.010 Discharcre prohibited - ExceDtions. No pe: shall, without first obtaining permission from the e+&yeeu , shoot or discharge any pistol, rifle, gun or o firearm, not necessary in self-defense , or in perf ormancc official duty, within the City." "8.16.020 Permit to discharqe firearms. Any persc wishes to discharge firearms referred to in Sections 8.16.010 make written application to the v permit. Such application shall state the date an whic firearms shall be fired, the number of rounds to be firei place where the firearms shall be fired, and the reason or ne the permit. Within a reasonable time after receipt of application, the - shall apprc reject it. In the event that no action is taken by th within forty-five days after rece such application, such application and request shall be denied by the w I1 Strike outs are deleted. Highlighted are added. . 'p, 1 2 3 4 0 a ORDINANCE NO. NS-192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 81 CHAPTER 8.16 OF THE CARLSBAD MUNICIPAL CODE BY RESTRICTING THE DISCHARGE OF FIREARMS The City Council of the City of Carlsbad, California 21 22 23 24 25 26 27 28 Municipal Code is amended by the amendment of Section 8.16. read as follows: 118.16.020 Permit to discharqe firearms. Any per5 wishes to discharge firearms referred to in Section 8.16.01C make written application to the Chief of Police for a pernit4 application shall state the date on which the firearms sh fired, the number of rounds to be fired, the place whe firearms shall be fired, and the reason or need for the F Within a reasonable time after receipt of such applicatio Chief of Police shall approve or reject it. In the event t action is taken by the Chief of Police within forty-five day: -a* ..* 3 $ 1 2 3 4 w e receipt of such application, such application and request shall deemed denied by the Chief of Police." EFFECTIVE DATE: This ordinance shall be effective th days after its adoption, and the City Clerk shall certify to adoption of this ordinance and cause it to Se published at 1 l8 1 19 20 21 22 23 24 25 26 27 28 VINCENT F. BIONDO, JR., City Attorney i CLAUDE A. LEWIS, Mayor ATTEST; ALETHA L. RAUTENKRANZ, City Clerk 2