SR-701-007 (6)
'CA:RMM:rrnd555b/hP~
City council Meeting 11-24-87
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NOV 24 1987
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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
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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
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Adopted:
AU~S PUBLISH AOOl"i"tiJ ORDINANCES*
*Cross out Attorney I s approval
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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
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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
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Finance
Fire
Recr/Pal'ks
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SE~D FOUP COPIJ::S OF ALL ORDINANCES TO:
CODfm SYSTE\1$, Attn- Peter ~-1aclearl..e
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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
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*C."1eck code Sectl.ons befor~ 5endLi
TOTAL COPIES
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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
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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 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
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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:
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ROBERT M. MYERS G
City Attorney
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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: