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City Council Meeting 5-23-95 Santa Monica, california
TO: Mayor and city council
FROM: City Attorney
SUBJECT: Ordinance Regarding Registration of Ammunition
Sales
INTRODUCTION
At its meeting of May 9, 1995, the City council introduced for
first reading an ordinance adding Chapter 3.25 to the Santa Monica
Municipal Code regarding Registration of Ammunition Sales. The
ordinance is now presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
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MAY 2 3 1995
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cA:f:\atty\muni\laws\mjm\ammo
city Council Meeting 5-23-95 Santa Monica, Californla
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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 ald
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
ordlnance related to the registration of ammunition sales within
its jurisdiction; and
WHEREAS, other municipalities in the area have either adopted
or are considerlng adopting ordinances requiring the registration
of ammunition sales and such ordinances wl1l be most effective lf
they are adopted by as many jurisdict10ns as possible;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 3.25 is hereby added to the Municlpal Code
to read as follows:
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Chapter 3.25 Reqistration of ]lmmunition
sales.
SECTION 3.25.010. Definitions. The
following words or phrases as used in this
Chapter shall have the following meanings:
]lnlmunition. projectiles expelled by
force of an explosion, for use in plstols and
revolvers, as defined in california Penal Code
Sect~on 12001, and in rifles.
Vendor. Any individual, gun store, firm,
or corporation having a business license to
sell ammunition.
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SECTION 3.25.020. Record of ]lmmunition
Sales.
A. Every holder of a bus~ness 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
followlng information:
( 1) The date of the transaction.
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(2) The purchaser's name, address,
and date of birth.
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(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 ammun~tion.
E. At the direction of the Chief of
Police, or h~s or her designee, police
officers may enter the premises of any
licensed vendor durlng regular business hours
for the purpose of examining or inspecting any
record required by this Chapter.
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SECTION 3.25.030. violation/penalty.
A. It is unlawful for any vendor
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knowingly to make a false entry or fail to
make an appropriate entry in the ammunition
sales log. It 15 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 provis1on of the santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such incons1stencies and no further, is
hereby repealed or mod~fied 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
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unconstitutional by a decision of any court of competent
jurlsdiction, such declsion shall not affect the validity of the
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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 s~gn 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 adoptlon.
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APPROVED AS TO FORM:
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Mayor
State of CahfoIDm )
County of Los Angeles) ss
City of Santa MOnIca )
I, Clarice E Dykhouse. City Clerk of the CIty of Santa MOnIca. do hereby certIfy that the
foregomg Ordmance No 1802 (CCS) had Its first readmg on May 9, 1995 and had 11S second
readmg on May 23. 1995 and was passed by the followmg vote
Ayes Councll members Abdo. Ebner. GenseL Greenberg, Holbrook. O'Connor.
Rosenstem
Noes CouncIl members None
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Abstam Councd members ):one
Absent CouncIl members ='l"one
ATTEST
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---1':lty Clerk /
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f:atty\muni\laws\jl\quake.res
City council Meeting 5-23-95 Santa Monica, Californla
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RESOLUTION NUMBER 8899 (CCS)
(City Counc~l Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DECLARING
THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY
WHEREAS, on January 17, 1994, an earthquake struck Southern
California causing severe damage w~thin the City of Santa Monica;
and
WHEREAS, on January 17, 1994, as a result of the earthquake
the city's Director of Emergency services issued a declaration of
local emergency; and
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WHEREAS, on January 17, 1994, as a result of the earthquake a
state of emergency was declared in the County of Los Angeles by the
federal, state and county governments; and
WHEREAS, as a result of the earthquake a state of local
emergency continues to exist within the City of Santa Monica,
NOW, THEREFORE, the Clty council of the city of Santa Monlca
does resolve and proclaim as follows:
SECTION 1. The City Council declares that a state of local
emergency continues to exist within the city of Santa Monica.
SECTION 2. The city council directs the Director of Emergency
Services or his or her designee to take such actions as are
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appropriate to the fullest extent provided by federal, state and
local law, to protect the public health, welfare, safety and
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property of the residents of the City of Santa Monica.
SECTION 3. The City Council further authorizes the Director
of Emergency services or his or her designee to negotiate or
execute such contracts, agreements, applications or other documents
with such other federal, state or local agencies or other groups
and organizations as are necessary to provide or to obtaJ.n
emergency aid, assistance or services to the city of Santa Monica
and to contract for the immediate expenditure of public funds to
safeguard life, health or property, includlng when necessary to
protect pUblic health and safety to expedite, ~ncluding, but not
limited to shortening all required notice periods, or wa~ve
competitive bidding procedures for public works and other City
proJects. .
SECTION 4. A copy of thlS Resolution shall be forwarded to
the state Director of the Office of Emergency Services w~th a
request that he or she find it acceptable.
SECTION 5. The city Clerk shall certify to the adoptJ.on of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
MARSHA JON MOUTRIE
City Attorney
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Adopted and approved thiS 23rd of May. 1995
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Mayor
I hereby certify that the foregomg Resolution 8899 (CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 23rd of May, 1995 by the followmg vote
Ayes Council members Abdo, Ebner. Genser. Greenberg, Holbrook. O'Connor,
Rosenstem
Noes CouncIl members None
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Abstam Council members None
Absent CounClI members None
ATTEST
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Cay Clerk