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HomeMy WebLinkAboutOrd 18911 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE NO. 1891 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 10 OF THE BURLINGAME MUNICIPAL CODE Section 1: The City Council of the City of Burlingame ordains as follows: Chapter 10.48 FIREARMS, AIR GUNS, SLINGHOTS, AND FIREWORKS Sections: 10.48.010 Fire or possession of firearms, guns or fireworks 10.48.020 Exceptions to prohibited firing or possession of firearms, guns or fireworks 10.48.030 Slingshots 10.48.040 Shooting gallery — excepted 10.48.050 Projectile weapons — Sale to minors 10.48.060 Fireworks — Seizure 10.48.010 Firing or possession of firearms or guns. Except as otherwise provided in this chapter, it is unlawful for any person to have in his or her possession within the city, or fire or discharge, or cause to be fired or discharged within the city, any firearm, cannon, fireworks (as classified in accordance with Title 19, California Code of Regulations, Division 1, Chapter 6), gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, air gun, BB gun or pellet gun. Except as otherwise provided in this chapter, it is unlawful for any parent, guardian or person having the care, custody or control of any minor to permit such minor to have in his or -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 zo 21 22 23 24 25 her possession within this city, or to fire or discharge, or cause to be fired or discharged, within this city, any firearm, cannon, fireworks (as classified in accordance with Title 19, California Code of Regulations, Division 1, Chapter 6), gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, air gun, BB gun or pellet gun, all referred to in Section 1 as firearms. (1941 Code § 1305, Ord. 603, (1955)) 10.48.020 Exceptions to prohibited firing or possession of firearms or duns. The provisions of Section 10.48.010 as to the use of any firearms or fireworks mentioned therein shall not apply to any of the following cases: (a) To police, peace officers or persons in military service in the discharge of their duties and using reasonable care; (b) To persons using firearms in necessary self defense; (c) To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground; (d) To the discharging or firing of such firearms or causing them to be discharged or fired, at a legal fi ring, shooting or target range or hunting ground; (e) To cannon or anvils discharged upon occasions of public parades, processions or other public gatherings, after a permit is first obtained from the council pursuan t to Section 10.44.030 of this code. All acts done under the provisions of subsection (e) shall be performed in a careful manner, and the permit granted by the council shall not exempt the permittee from an -2- y liability for damage done under such permit to person or property . (1941 Code § 1306, Ord. 603, 1 (1955)) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (f) Public displays of fireworks after prior approval by the city council and issuance of a fire permit by the fire department. � 10.48.030 Slingshots. It is unlawful for airy person to make use of or have in his or her possession any slingshot or other instrument m• device by which missiles of any kind or description are hurled or projected; or in any manner use the same to the danger or aimoyance of any person or injury of any property. (1941 § 1307, Ord. 603, (1955)) 10.48.040 Shooting gallery excepted. Nothing in this chapter shall be construed so as to prohibit any person from shooting in a licensed shooting gallery. (1941 Code § 1308, Ord. 603, (1955)) 10.48.050 ProjectIle weapons—Sale to minors. (a) It is unlawful for any person to sell, give, or loan to any person under the age of eighteen (18) years any device or instrument capable oflaunching anon -metallic projectile by or fr om such a device or instrument with a muzzle or exit velocity of one hundred (100) feet per second or faster by any means other than combustion. (b) This section does not apply to the tran -3- sfer of such a device or instrument to a minor by the minor's parent or legal guardian. (Ord. 1712 § 2, (2003)1 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 10.48.060 Fireworks — Seizure Fire department or police department representatives may seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored o held in violation of this code. Section 2. This ordinance shall be published as required by law, and shall be effective on January 1, 2014. 3 i r I, MARY ELLEN KEARNEY, 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 7th day of, October 2013 and adopted thereafter at a regular meeting of the City Council held on the 21 st day of October 2013, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILNIEMBERS: NONE -4- City Clerk