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O1802 e e CA:f:\atty\muni\laws\mjm\ammo city council Meeting 5-23-95 Santa Monica, California ORDINANCE NUMBER 1802 (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 3.25 TO THE SANTA MONICA MUNICIPAL CODE REGARDING REGISTRATION OF AMMUNITION SALES WHEREAS, the availability of ammunition sales records can aid law enforcement in its investigation of major crimes, homicides, and shootings; and WHEREAS, it is in the interests of public health, safety and welfare that illegal sales of ammunition, including to juveniles, be discouraged; and WHEREAS, the California Attorney General's Office has determined that a municipality is not preempted from enacting an ordinance related to the registration of ammunition sales within its jurisdiction; and WHEREAS, other municipalities in the area have either adopted or are considering adopting ordinances requiring the registration of ammunition sales and such ordinances will be most effective if they are adopted by as many jurisdictions as possible; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 1 e e SECTION 1. Chapter 3.25 is hereby added to the Municipal Code to read as follows: Chapter 3.25 sales. SECTION 3.25.010. Registration of ~mmqnition Definitions. The following words or phrases as used in this Chapter shall have the following meanings: ~mmunition. Projectiles expelled by force of an explosion, for use in pistols and revolvers, as defined in California Penal Code section 12001, and in rifles. Vendor. Any individual, gun store, firm, or corporation having a business license to sell ammunition. SECTION 3.25.020. Sales. A. Every holder of a business license to sell ammunition shall maintain records pertaining to ammunition sales prescribed by this Chapter on the licensed premises and in the manner prescribed herein. B. Every record shall contain the following information: (1) The date of the transaction. Record of ~mmunition 2 e e (2) The purchaser's name, address, and date of birth. (3) The purchaser's driver's license number or other identification and state where that identification was issued. ( 4) The brand of ammunition purchased. ( 5 ) The type and amount of ammunition purchased. (6) The purchaser's signature. C. The information required by this Section shall be completed in a log book at the time of the purchase. D. The record shall be maintained in chronological order by date of sale of the ammunition, and shall be retained on the licensed premises of the vendor for a period of two (2) years following the date of the purchase of the ammunition. E. At the direction of the Chief of Police, or his or her designee, police officers may enter the premises of any licensed vendor during regular business hours for the purpose of examining or inspecting any record required by this Chapter. 3 e e SECTION 3.25.030. violation/Penalty. A. It is unlawful for any vendor knowingly to make a false entry or fail to make an appropriate entry in the ammunition sales log. It is unlawful for any vendor to knowingly fail to properly maintain any such record or to refuse to exhibit the record to a police officer immediately upon request for such inspection. B. Any vendor violating any provision of this Chapter is deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the City or County Jail for a period not to exceed six months, or by both such fine and imprisonment. 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 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect 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 4 e e unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without 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 30 days from its adoption. APPROVED AS TO FORM: 5 e e ~ Mayor S tate of Cahforrna ) County of Los Angeles ) ss CIty of Santa MOnIca ) I, ClarIce E Dykhouse, CIty Clerk of the City of Santa MOllIca, do hereby certIfy that the foregomg Ordmance No 1802 (CCS) had Its fIrst readIng on May 9, 1995 and had Its second readmg on May 23_ 1995 and was passed by the follOWIng vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, RosensteIn Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members None ATTEST A~;a~ ---City Clerk /