HomeMy WebLinkAbout1992-03-17; City Council; 11602; ORDINANCE REGULATING THE DISCHARGE OF BB AND PELLET GUNS-
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TITLE: -.
ORDINANCE REGULATING THE DISCHARGE
OF BB AND PELLET GUNS
DEPT. I
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Clw OF CARLSBAD - AGEW BILL
RECOMMENDED ACTION:
Introduce Ordinance No. P/S - i9Y regulating the discharge of BB and pellet guns.
ITEM EXPLANATION:
City Council has directed staff to prepare an ordinance regulating the use of BB or pellet
knawn as &f guns. stgff has analyzed the iS8ue and prepared the Proposed ordinance
address certain concerns related to the use of the guns but still allow them to be UQOd On fl
property.
A variety of approaches have been taken by governmental agencies to regulate the matlUfi
possession and use of such guns. The only State laws specifically regulating air guns pr
use in committing a felony, exhibiting an air gun in a threatening manner or furnishing a
a minor without parental permission. State law preempts local ordinances pertaii
manufacture, sale or possession of the guns but there are no State laws which pr
ordinances regulating their use.
In addition to surveying other North County Cities, the League of California Cities was
identify how other cities have dealt with the issue. Some cities include air guns along \
types of weapons and prohibit their use throughout their city while others only allow WE
used under certain conditions. The most common of the conditions include discharging
self defense, at shooting galleries or by a Peace Officer when acting in the line of duty.
Antioch and Ontario differentiate between air guns and other types of weapons and
supervision to discharge air guns. The City of San Diego specifically addresses the use o'
sling shots by prohibiting their use on public streets, sidewalks or other public gatherin<
city.
Staff has prepared a draft ordinance similar to the City of San Diego regulation. The d
will prohibit the discharge of air guns on any public property including streets, sidewa
or on private streets. The draft ordinance would also prohibit the guns from being di
threatening manner or in any manner where the projectile could enter another person's
draft ordinance also revises current City firearm regulations by shifting firearm use perm
from the City Council to the Police Chief. This change is proposed to allow a more prc
to permit applications.
FISCAL IMPACT:
None
EXHIBITS:
1. Matrix of approaches used by other agencies to regulate the use of air guns.
2. Revisions to Carlsbad Municipal Code Chapter 8.16
'c -I? y 3. Ordinance Number 111,
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reject it. In the event that no action is taken by the
within forty-five days after recei
such application, such application and request shall be c
denied by the &ty uw II
Strike outs are deleted. Highlighted are added.
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ORDINANCE NO. NS-194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 8 , CHAPTER 8.16 OF THE CARLSBAD MUNICIPAL CODE BY
RESTRICTING THE DISCHARGE OF FIREARMS
The City Council of the City of Carlsbad, Californ
ordain as follows:
SECTION I: That Title 8, Chapter 8.16 of the C
Municipal Code is amended by the amendment of Section 8.10
read as follows:
"8.16.010 Discharge prohibited - Exceptions, Nc shall, without first obtaining permission fromthe Chief of
shoot or discharge any pistol, rifle, gun or other firea necessary in self-defense, or in performance of officia within the City."
SECTION 11: That Title 8, Chapter 8.16 of the (
Municipal Code is amended by the addition of Section 8.1f
read as follows:
"8.16.015 Discharqe of air quns, BB qun
rohibited - where. (a) No person shall, without first o Lerrnission from the Chief of Police as required by
8.16.020, shoot or discharge any air rifle, air gun, BB gun gun, gas operated gun, spring gun or any other weapon des discharge or propel any projectile capable of causing injur
public property, or an any street or sidewalk, whether p
private, or in any park, beach, golf course, shopping ce
other public gathering place within the City of Carlsbad.
(b) No person shall shoot or discharge any ai
air gun, BB gun, pellet gun, gas operated gun, spring gu
other weapon designed to discharge or propel any projectile
of causing injury in an unsafe or threatening manner 01
manner where the projectile may or does enter the pro]
another. VI
SECTION 111: That Title 8, Chapter 8.16 of the
Municipal Code is amended by the amendment of Section 8.1
read as follows:
V18.16.020 Permit to discharqe firearms. Any p'
make written application to the Chief of Police for a perm
application shall state the date on which the firearms
fired, the number of rounds to be fired, the place w
firearms shall be fired, and the reason or need for thc
wishes to discharge firearms referred to in Section 8.16~
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Within a reasonable time after receipt of such application, Chief of Police shall approve or reject it. In the event tha
action is taken by the Chief of Police within forty-five days a receipt of such application, such application and request shal deemed denied by the Chief of Police.tt
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 be published at 1
once in the Carlsbad Journal within fifteen days after
adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the day of 13
and thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the day of
1991, by the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, Acting City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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