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Home My WebLink About06 - Discharge of Weapons Ordinance0 0 COUNCIL AGENDA CITY OF NEWPORT BEACH N. 6 6 oq- CITY COUNCIL STAFF REPORT Agenda Item No. 25 May 25, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Attomey, Daniel K. Ohl, Deputy City Attorney (949) 644 -3131, dkohl @city.newport- beach.ca.us SUBJECT: DISCHARGE OF WEAPONS ORDINANCE RECOMMENDATION: It is recommended that the City Council approve first reading of the attached ordinance and pass to second reading and adoption at the City Council's next regularly scheduled meeting. DISCUSSION: Background: There has been a recent increase in the popularity of "air soft" pellet guns within our and other communities. These are realistic scale replicas of contemporary firearms which fire a plastic pellet by means of a mechanical spring action, air pressure or electrical charge. This increase in popularity has raised concerns relating to the possession and use of such pellet guns. In many instances, it is virtually impossible to discern a pellet gun from a real firearm which can cause concern among the public and be difficult for police officers to detect if they are called for a response. Our current ordinance does not cover this type of pellet gun. The proposed changes to the municipal code includes language to address these types of devices and at the same time does not include bows and arrows, slingshots, or squirt guns. Submitted by: Deputy City Attomey Attachments: Ordinance FAusers \cat \shared \da \CC reports0ischa rgeOfweapons.doc ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.24.010 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DISCHARGE OF WEAPONS NOW THEREFORE, THE City Council of the City of Newport Beach does HEREBY ORDAINS, as follows: SECTION 1: Section 10.24.010 of Chapter 10.24 is hereby amended to read as follows: Chapter 10.24 DISCHARGE OF WEAPONS` Sections: 10.24.00E Editor's note to Chapter 10.24. 10.24.010 Discharge of Weapons -- Permission Required. 40 Section 10.24.00E Editor's note to Chapter 10.24. Spears and other dangerous fishing gear --See Chapter 11.24. Section 10.24.010 Discharge of Weapons — Permission Required. It is hereby declared unlawful for any person or persons, except peace officers in the discharge of their duties, to discharge or cause to be discharged within the corporate limits of the City of Newport Beach any rifle, shotgun, pistol, revolver or other firearm, or any air -gun, air - pistol or air -rifle, or any other weapendevice which en4tsforcefully discharges a projectile as ult of pFessure exeFted at the "F^^ ^~ from a barrel, unless the person or persons have first obtained permission in writing so to do from the Chief of Police. SECTION 2: This chapter shall become effective thirty (30) days subsequent to its adoption. SECTION 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, . clause or phrase hereof, irrespective of the fact that any one to more sections, sub- sections, sentences, clauses and phrases be declared unconstitutional. Page 1 of 2 SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of May, 2004, and adopted on the day of May, 2004, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBE MAYOR ATTEST: CITY CLERK F:\users\cat\shared\da\Ordinance\DischargeOfWeapons.doc Page 2 of 2 iL Is SOFT -501'. l- ' x1997 . . new item! 1911 Combat +ate • ,.a r m rt Laser System :rte ; i Root 02hotgun ,cam ' " �:.d`• r'- $ X397 $.1997 gym! 19 Assault Pistol Manual cocking. SOFT -985 $1997 Air Soft Plastic BS's Yellow 12 gram 6mm plastic Be's for use in all Air Soh guns, made in Taiwan. The counts be, container are approximate. 2,000 count feeder bottle SOFT -205 ... 55.97 German Air Soft BEI Guns Complete with BB's, instructions. sights and safeties. Realistic looking except with orange on the barrel. for your own protection. do not remove the orange on the barrel. Wear safety glasses when using this product. Not legal to own in all states. check local laws prior to ordering. 8,500 count bag --;49 Laser Combat Handguns .F`i' ' S Complete Air Soh system includes hard ° SOFT- -703 1n, it $21 97 carrying case, working laser with remote " pressure switch, scope mount that _ attaches to the frame, scope. suppressor, removable magazine, 68's, and Premium quality Soft Air Brand shoots 9 tY z _ Air Sport 551 instructions. 6mm plastic round Baia, fun. realistic - Fulhsrzed, dalachaWe magazine, cock and accurate.:'AlwaY4 wear safety glasses when using tlese'gune. ' e@rh shao0 t f Panther t SOFT. t y i Machine Gun 1Fully, automatic. runs '- 0. fires ..:fast and really sprays the ammo. - r -. SOFT-746 $2197 z' Wit. Sig - value. - -Pack r - - -P6ck withhandgun, Battle Rifle :target and ammo, slide, .SOFT3IXf new • -' , Tactical. cocking-:Black end s.1997 mr T _ Combat ealhtk looking. SOFT -330 •+ SOFT 72! $1997 $2197: - .E >. iL Is SOFT -501'. l- ' x1997 . . new item! 1911 Combat +ate • ,.a r m rt Laser System :rte ; i Root 02hotgun ,cam ' " �:.d`• r'- $ X397 $.1997 gym! 19 Assault Pistol Manual cocking. SOFT -985 $1997 Air Soft Plastic BS's Yellow 12 gram 6mm plastic Be's for use in all Air Soh guns, made in Taiwan. The counts be, container are approximate. 2,000 count feeder bottle SOFT -205 ... 55.97 1911 Government German 5,000 count bag - SOFT - 206...59.97•!' With Laser 8,500 count bag SOFT -320 SOFT-200... 514.97 - $1997 fooking.- 1911 Government German Air Soft Champion Handgun With Laser Spring powered. manual SOFT -320 cocking wnh magazne. SOFT-904 $1997 $1997 fooking.- Air SoftPaintballs Now shoot mini, ppintba11 out of you Air. Sol gun]. Package of 500 pamtballs feed into your Air Soh gun and make it a' paintball marker gun. SOFT-100 ... $6.97 Uzi Machine Gun' Fully automatic] Just pull the trigger and spray the ammo, runs on "AA' batteries, clear plastic so you can watch the mechanism fire. SOFT-735 $2197 U - Taurus Millennium PT111 - Black handgun, slide cocking. and realistic: fooking.- ° SOFT- -703 1n, it $21 97 a. DPMS Panther t Arms . Machine Gun 1Fully, automatic. runs '- ;'on 'AX batteries, clear plastic, fires ..:fast and really sprays the ammo. - r -. SOFT-746 $2197 z' Wit. Uzi Machine Gun' Fully automatic] Just pull the trigger and spray the ammo, runs on "AA' batteries, clear plastic so you can watch the mechanism fire. SOFT-735 $2197 U Complete with 88's, instructions. sights and safeties. Realistic looking except with orange on the barrel, for your own protection. do not remove the orange on the barrel. Wear ty glasses when using this product. Not legal to own in all states. check local laws prior to ordering. Air Soft Mini Machine Guns All the fun of shooting machine guns , without the noise and expense. Similar to the world's best buzz ir uns at a fun, •� rA.Ar <r •,1 $i i' affordable price. Requires four 'AA' Pump•G� ;aarld FjiEL= Pis4o .'�• ' ? batteries loot he top of the gun. F ately 70 Full slz TVf6SP9 tYgdr+i'witlt lnbe ven. BB s load in the top of the gun. Full auto. :band sinafg artrlok@ jaa RIFE copp�std wNh will really zing BB's. Automatic safety a ,,detacliabl n �• t `'4nz " -'< ' {. requires you to hold safety down to fire. .'gOFT35a 7`.1 J,r/, a Street Fighter Machine Gun s OFT -506 $997 new Luger Carbine Pistol Manual cocking, does not require batteries. SOFT-968 $17 97 Short Barrel AK -47 Pistol grip style full sized AK -47 with detachable magazine holds 30 rounds, single stroke to cock, includes sling and ammo. SOFT -360 $1997 Competition i< 1911 Full size target design with beavertail gnp, removable magazine holds 15 plastic single cock plastic shoot, with BB's SOFT -300 $997 .; rr Tactical Pistol SOFT -505 $997 $ \ Daisy Aw � _ �l Powerline COZ 7- 10 I' BB Repeater Daisy BB pistol with i p 1 15 shot clip, 400 fps uses standard C07 i• aF y cartridges, complete Safety Goggles with ammo. safety Protect your eyes with clear safety goggles glasses. B B' s and with extended sides. package of three. \ 1�x.. three C07 cartridges, ZWA-755... 56.97 y'�e �L4fiiilt WINy`- 1�76gy�{.9'.�f5I39.97 ORDINANCE NO. 2004-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.24.010 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DISCHARGE OF WEAPONS NOW THEREFORE, THE City Council of the City of Newport Beach does HEREBY ORDAINS, as follows: SECTION 1: Section 10.24.010 of Chapter 10.24 is hereby amended to read as follows: Chapter 10.24 DISCHARGE OF WEAPONS" Sections: 10.24.00E Editor's note to Chapter 10.24. 10.24.010 Discharge of Weapons -- Permission Required. Section 10.24.00E Editor's note to Chapter 10.24. ' Spears and other dangerous fishing gear -- See Chapter 11.24. Section 10.24.010 Discharge of Weapons -- Permission Required. It is hereby declared unlawful for any person or persons, except peace officers in the discharge of their duties, to discharge or cause to be discharged within the corporate limits of the City of Newport Beach any rifle, shotgun, pistol, revolver or other firearm, or any air -gun, air - pistol or air - rifle, or any other device which forcefully discharges a projectile from a barrel, unless the person or persons have first obtained permission in writing so to do from the Chief of Police. SECTION 2: This chapter shall become effective thirty (30) days subsequent to its adoption. SECTION 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, sub- sections, sentences, clauses and phrases be declared unconstitutional. Page 1 of 2 SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25�h day of May, 2004, and adopted on the 8th day of June, 2004, by the following vote, to -wit: AYES, COUNCILMEMBERS Heffernan, Ros Adams, Bromberg, Webb, Mayor Ridgeway NOES, COUNCILMEMBERS Nichols ABSENT, COUNCILMEMBERS None Z T : %jn .d5c am CITY CLERK Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2004 -11 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of June 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June 2004. (Seal) (/ G( M City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -11 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: June 12, 2004. 2004. In witness whereof, I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California