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HomeMy WebLinkAboutOrd 17121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE N0.1712 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 10.48 OF THE MUNICIPAL CODE TO PROHIBIT THE SALE TO MINORS OF DEVICES OR INSTRUMENTS CAPABLE OF EXPELLING A NON-METALLIC PROJECTILE AT 100 FEET PER SECOND OR MORE The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. The State of California has adopted extensive regulations governing the sale and possession of firearms to the minors. Among those restrictions are prohibitions on sales or provision ofBB devices, which are defined as capable of expelling a metallic projectile, and pistols or revolvers, which are defined as operating with an explosion or combustion. However, use of weapons that expel non-metallic projectiles by means of compressed air or gas, electrical mechanisms, and spring loading have become increasingly popular. While manufacturers have attempted to warn both vendors and purchasers that these weapons are nottoys, some have ignored these warnings and continued to provide them to minors without restriction. Neither the State nor the Federal government has taken any steps to restrain their distribution to minors. In 1994, the State Legislature deleted "air gun" and "gas -operated" weapons from the BB gun restrictions, and thereby dropped its preemption of local regulation. This ordinance is intended to put in place the restrictions that manufacturers already attempt to place by means of warnings. Section 2. Section 10.48.050 is added to read as follows: 10.48.050 Projectile weapons—Sale to minors. (a) It is unlawful for an y person to sell, give, or loan to any person under the age of eighteen (18) years any device or instrument capable of launching anon -metallic projectile by or from such a device or instrument with a muzzle or exit velocity of 100 feet per second or faster by any means other than combustion. (b) This section does not apply to the transfer of such a device or instrument to a minor by the minor's parent or legal guardian. E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3. This ordinance shall be published as required bylaw, I, DORIS MORTENSEN, Deputy City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 19'b day of May, 2003, and adopted thereafter at a regular meeting of the City Council held on the 2nd day of June, 2003, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GALLIGAN, JANNEY City Clerk S:\Ordinances\ord ll 12. ord. wpd 2