HomeMy WebLinkAboutOrdinance 391 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 391 adopted by the Atascadero City
Council at a regular meeting thereof held on January 12, 2002, and that it has been duly
published pursuant to State Law.
DATED: ` Jw O/Za4 C � I
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 391
DISCHARGE OF FIREARMS AND
DANGEROUS WEAPONS
PREAMBLE. Purpose and Intent
The City Council finds that the discharge of weapons in the City and also upon public property is
inherently dangerous to the citizens of Atascadero due to the inability to guarantee that the
objects discharged will remain safely upon the premises or to guarantee that the objects
discharged will not cause harm to people and/or animals. The City recognizes a compelling
interest in preserving the safety of the community generally and providing a higher degree of
protection for its citizens from the dangerous effects of the discharge of weapons.
NOW THEREFORE, the City Council of the City of Atascadero does ordain that sections 4-
3.103 through 4-3.105 of the Atascadero Municipal Code are amended to read as follows:
4-3.103 Discharge of firearms or dangerous weapons.
It is a unlawful for any person to willfully discharge any firearm or dangerous weapon
within the city limits except in either private or public archery ranges, shooting galleries and on
pistol or rifle ranges, the locations of which have been approved by the Chief of Police, or as
otherwise provided by law.
4-3.104 Misuse of dangerous weapons.
It is a unlawful for any person under the age of eighteen, and without the immediate
supervision of a parent or guardian or an adult designated by the minor's parent or guardian, to
willfully fire or willfully discharge any weapon or device as defined in this chapter within the
city limits. In no instance may such weapons be discharged by a minor within one hundred (100)
feet of any building or livestock without the permission of the property owner.
4-3.105 Nuisances-disposition of weapons.
(a) Upon conviction of a defendant, a firearm or dangerous weapon used in the
commission of, or In reply to: an attempt to commit, any violation of this code, is
a nuisance.
(b) Upon conviction of a defendant, any weapon described in subsection (a) of this
section shall be surrendered to the Chief of Police, who shall dispose of such
weapon as provided by law, except that upon the certification of a judge of a court
of record, the City Attorney or of the District Attorney of the County of San Luis
Obispo,that the ends of justice will be subserved thereby,the weapon shall be
City of Atascadero
Ordinance No.391
Page 2
preserved until the necessity for its use ceases.
4-3.1-7 Severability. ..
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason deemed or held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance.
The City Council of the City of Atascadero hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions
might subsequently be declared invalid or unconstitutional.
The foregoing ordinance was approved and adopted at a meeting of the City Council held
on February 12, 2002, by the following vote:
AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: February 12, 2002
CITY OF A ASCADERO
ATTEST:
C
Marcia McClure Torgerson, Cit Jerk J. OF
Arrambide, Mayor
APPROVED AS TO FORM:
Y� a 14 0.
Roy f. Hanley, City Attorney