SR-8-B (96)
Or~ . -:IF 1935
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FEB - 2 1999
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City Council MeetIng 2-2-99
Santa MOnica, California
TO Mayor and City Council
FROM CIty Attorney
SUBJECT Ordinance Repealing One Chapter and Vanous Sections of the Santa
MOnica MunIcipal Code Relating to the Waiting Period for the Sale of Rifles,
Replica Firearms, and the Sale and Possession of Firearms, Knives and
Other Devices by Minors
Introduction
The City Council recently directed legal staff to prepare an ordinance repealing MUniCipal
Code provIsions relatIng to the waIting penod for the sale of nles, replica fIrearms, and the
sale and possessIon of firearms, knives and other deVices by minors because state law
now covers these areas The attached proposed ordinance responds to the CouncIl's
request
BudqetlFlnancrallmpact
There would be no budget/financial Impact as a result of the adoptIon of the attached
proposed ordinance
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FEB - 2 1999
Recommendation
It IS respectfully recommended that the accompanYing ordinance be Introduced for first
reading
PREPARED BY
Marsha Jones Moutne, City Attorney
Barry Rosenbaum, Semor Land Use Attorney
Claudia Thompson, Legal Admin Staff Assistant
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City Council Meeting 2-2-99
Santa MOnica, California
ORDINANCE NUMBER
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING ONE CHAPTER AND
VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO THE WAITING PERIOD FOR THE
SALE OF RIFLES, REPLICA FIREARMS, AND THE SALE
AND POSSESSION OF FIREARMS, KNIVES AND OTHER
DEVICES BY MINORS
WH EREAS, vanous provIsions of the Santa Monica MUnicipal Code relating to the
waiting penod for the sale of nfles. replica firearms, and the sale and possession of
firearms, knIves and other devices by minors are now regulated by state law,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS
SECTION 1 Santa MonIca MunicIpal Code SectIons 3 24 040, 3 24 050, 3 24 060,
and 3 24 070, and Chapter 3 32 ofthe Santa MOnica Municipal Code, are hereby repealed
In theIr entIrety
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
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inCOnsIstencies and no further, IS hereby repealed or modified to that extent necessary to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 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
ofthls 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
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MARSHA JONES MOUTRIE
City Attorney
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City CouncIl Meetmg 2-16-99
Santa MOnica, California
ORDINANCE NUMBER 1935
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING ONE CHAPTER AND
VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO THE WAITING PERIOD FOR THE
SALE OF RIFLES, REPLICA FIREARMS, AND THE SALE
AND POSSESSION OF FIREARMS, KNIVES AND OTHER
DEVICES BY MI NORS
WHEREAS, various provisions of the Santa Monica Municipal Code relating to the
waiting period for the sale of rifles, replica firearms, and the sale and possession of
firearms, knives and other devIces by minors are now regulated by state law,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 Santa MOnica Municipal Code Sections 3 24 040,3 24.050,3 24.060,
and 3 24.070, and Chapter 3 32 ofthe Santa MOnica Mu n1clpal Code, are hereby repealed
In their entirety
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
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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
Ordmance IS for any reason held to be Invalid or unconstitutional by a decIsion of any court
of competent Junsdlctlon, such decIsion shall not affect the validity of the remaining
portions of this Ordmance The City Council hereby declares that It would have passed this
Ordmance and each and every sectIon, 3ubsectlon, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordmance
would be subsequently declared mvalid 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:
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MARSHA J~ES MOUTR'IE "-
City Attorney
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State of Cahfornla )
County of Los Angeles) 5S
Cny of Santa :Vlomca )
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L Mana M Stewart, CIty Clerk of the CIty of Santa MOllIca.. do hereby certIfy that the foregomg
Ordmance ~o 1935 (CCS) had Its first readmg on February 2, 1999 and was adopted on
February 16, 1999 by the followmg vote.
Ayes
CouncIl members
Femstem, Genser, McKemvn, O'Connor
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members'
Holbrook. Rosenstem
~EST C
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Mana M Stewart, CItY- Clerk