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O1427 e CA:RMM:rmd556a/hpca City Council Meeting 11-24-87 e 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 - 1 - e e 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inconsistent with the provisions of this Ordinance, to the extent of such incons istencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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 - .2 - e e 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 - 3 - e e 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: