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SR-701-007 (6) 'CA:RMM:rrnd555b/hP~ City council Meeting 11-24-87 7t? /- .(J/)?- . J!---D NOV 24 1987 ,. p Santa Monica, California STAFF REPORT TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance Adding Section 3512 to the Santa Monica Municipal Code to Prohibit the Sale of Replica Firearms At its meeting on November 10 I 1987, the City Council introduced for first reading an ordinance adding section 3512 to the Santa Monica Municipal Code to prohibit the sale of replica firearms. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney J~I) Nav 2 4 198J ~ ..., eo ...... o N ....... 0'> './: ~ U c:: ro c .... "C l- e +-' C .... >- CJ C s- o +-' ... < +-' m ..c ... "d Q.l ,:J V1 Q.l ;j r::r a.l h /0rL# 7 ?'~D /yo VOTE: Afflrma tive: C - / NegatIve: ,~~~ Abstain: Absent: PROOF VOTEf: WITH ANOTHER PERSON BEFORE Al\TVTHING DTSTRlvuTlu~; 0RIGI~AL ~o-be signea, sealed and filed In Vault. BEFORE'D;STRIBU~ CHECK CONTENT DISTRIBUTION OF RESOLUTION # OF ALL Council Meet1ng Date Agenda Item 1# Was It amended? FOtltITY C~ERK'S ACTION ORDINANCE 1# I~r.?'l Introduced: /~i!'H 7 / Adopted: AU~S PUBLISH AOOl"i"tiJ ORDINANCES* *Cross out Attorney I s approval -) NEWSPAPER PUBLICATION (Date: ) Depart~ent orlglnatlng staff report ( * ) *Cl ty il~ttorney does not want caples of :tus ordinances or resolut1ons. ~ana&ewent Ser~~~e~ Lynne Ba~rette Ordinances only G > ... Q U <:.1 i- Agency mentIoned In document or staff report I " .. (certIfIed?) Subject fIle (agenda packet) 1 Others -: (Review for depart:Irents who need. to krIcM) . Counter file 1 Airport Parking Auth. Audltorum Personnel BUl.lding Dept. Planning Police (en- forcemen t 7) Purchasing <:J U .-.I ...... ~ o WIYiv.JIU ty and Econcrni.c Dev. Finance Fire Recr/Pal'ks <J) General Servo >-.. (l) c ~ o ~ ... <<( >.. ... ,...j w Transportation LIbrary Trea'5urer Manager 4-l o SE~D FOUP COPIJ::S OF ALL ORDINANCES TO: CODfm SYSTE\1$, Attn- Peter ~-1aclearl..e .L.lQ l.,1p-in-r":.r~e't AV~'l Yew Jersev_OZ717 SEND FOUR 'COPIES OF AI.I. ORDTNANCF5 .TO: D~RZ~ ~yr~ck . SANTA MONICA MUNICIPAL COURT ;725 MAIN STREE~ Room 118 SMrT AMON rCA, CA 90401 ctl ... I- (l) ~ o 0:: . *C."1eck code Sectl.ons befor~ 5endLi TOTAL COPIES .c?o . . CA:RMM:rmd556a/hpca City council Meeting 11-24-87 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. 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 Firearw. 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 - . 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 inconsistencies 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 - A . . 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 after 30 days from its adoption. APPROVED AS TO FORM: ~ '--. '---. ROBERT M. MYERS G City Attorney - 3 - ..I . . Adopted and rober, 1987. I hereby certify that the foregoing Ordinance No. 1427(CCS) was duly and regularly in oduced at a meeting of the City council on the 10th 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: