O1427
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CA:RMM:rmd556a/hpca
City Council Meeting 11-24-87
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Santa Monica, California
ORDINANCE NUMBER 1427(CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 3512 TO THE
SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE
SALE OF REPLICA FIREARMS
WHEREAS, needless loss of life, including the lives of
children, has occurred across the united States due to toy guns
being mistaken for real guns; and
WHEREAS, the availability of replica firearms in the City
endangers the safety of young people in our community; and
WHEREAS, the prohibition of the sale of replica firearms
may lead to the prevention of injury or loss of life,
NOW I THEREFORE I THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION l.
Section 3512 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3512. Replica Firearms.
(a)
Definitions.
For purposes of
this Section, the following words and
phrases shall have the following meanings:
(1)
Replica Firearm.
Any
device or obj ect made of plastic, wood,
metal, or any other material which is a
facsimile or toy version of, or is
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otherwise recognizable as,
a pistol,
revolver,
shotgun,
sawed-off
shotgun,
rifle, machine gun, rocket launcher, or
any other firearm and shall include toy
guns, movie props, hobby models (either in
kit form or fully assembled), starter
pistols, air rifles, pellet guns, BB guns,
or any other device which might reasonably
be perceived to be a firearm.
(2)
Firearm.
All
items
included in the meaning of firearm as
defined in Title 2 of Part 4 of the
California Penal Code.
(b) Prohibition of Sale. No person
in the regular course of business shall
offer for sale or sell any replica
firearm.
SECTION 2.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such incons istencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
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declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared inval id or unconstitutional wi thout regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
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 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~""--~
ROBERT M. MYERS \j
city Attorney
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I hereby certify that the foregoing Ordinance No. 1427 (CCS)
Adopted and
was duly and
a meeting of the ci ty
Council on the loth day of November 1987; that the said ordinance
was thereafter duly adopted at a meeting of the city Council on
the 24th day of November 1987 by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Zane, Mayor Conn
Noes: Councilmembers: Reed
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST: