HomeMy WebLinkAbout1992-02-04; City Council; 11547; ORDINANCE REGULATING THE DISCHARGE OF BB AND PELLET GUNS1 4
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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.
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2. Revisions to Carlsbad Municipal Code Chapter 8.16 I -. . /---
3. Ordinance Number ns- \ q L
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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.
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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
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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:
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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
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VINCENT F. BIONDO, JR., City Attorney i
CLAUDE A. LEWIS, Mayor
ATTEST;
ALETHA L. RAUTENKRANZ, City Clerk
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