HomeMy Public PortalAboutOrdinance 6131
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ORDINANCE NO. 613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, ADDING CHAPTER 9.30 TO
THE BEAUMONT MUNICIPAL CODE, PROHIBITING THE
DISCHARGE OF FIREARMS IN THE CITY LIMITS
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 9.30 is added to the Beaumont Municipal
Code to read as follows:
CHAPTER 9.30
DISCHARGE OF FIREARMS
Section 9.30.010.
Except as provided in Sections 9.30.020, 9.30.030 or 9.30.040
every person who discharges a loaded firearm within the City of
Beaumont is guilty of a misdemeanor.
Section 9.30.020.
Section 9.30.010 shall not apply to any of the following:
1. Peace Officers listed in Section 830.1 or 830.2 of the
California Penal Code, whether active or honorably retired, other
duly appointed peace officers, full-time paid peace officers of
other states and the federal government who are carrying out offi-
cial duties while in California, or any person summoned by any such
officers to assist in making arrests or preserving the peace while
the person is actually engaged in assisting such officer.
2. Members of the military forces of this state or of the
United States engaged in the performance of their duties.
3. Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting
clubs while hunting on the premises of such clubs.
4. The carrying of concealable weapons by persons who are
authorized to carry such weapons pursuant to Article 3 (commencing
with Section 12050) of Chapter 1 of Title 2 of Part 4 of the
California Penal Code.
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5. Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (a) if hired prior to January 1,
1977; or (b) if hired on or after such date, if they have received
a Firearms Qualification Card from the Department of Consumer
Affairs, in each case while acting within the course and scope of
their employment.
Section 9.30.030
Section 9.30.010 shall not apply to any of the following who
have completed a regular course in firearms training approved by
the Commission on Peace Officer Standards and Training:
1. Patrol special police officers appointed by the police
commission of any city, county, or city and county under the
express terms of its charter who also under the express terms of
the charter (i) are subject to suspension or dismissal after a
hearing on charges duly filed with the commission after a fair and
impartial trial, (ii) must be not less than 18 years of age nor
more than 40 years of age, (iii) must possess physical qualifications
prescribed by the commission, and (iv) are designated by the police
commission as the owners of a certain beat or territory as may be
fixed from time to time by the police commission.
2. The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency
when acting in the course and scope of their employment agency is
not authorized to act by ordinance, by a resolution, either
individual or by class, to carry such weapons, or by persons who
are authorized to carry such weapons pursuant to Section 607f of the
California Civil Code, while actually engaged in the performance
of their duties pursuant to that section.
Section 9.30.040.
Section 9.30.01.0 shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033 of the
California Penal Code. Such certificate shall not be required of
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any person who is a peace officer, who has completed all training
required of any person who is a peace officer, who has completed
all training required by law for the exercise of his or her power
as a peace officer, and who is employed while not on duty as such
peace officer.
1. Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
2. Guards of contract carriers operating armored vehicles
pursuant to California Highway 2atrol and Public Utilities
Commission authority (i) if hired prior to January 1, 1977; or (ii)
if hired on or after January 1, 1977, if they have completed a
course in the carrying and use of firearms which meets the
standards prescribed by the Department of Consumer Affairs.
3. Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are licensed pursuant to Chapter
11.6 (commencing with Section 7590) of, Division 3 of the California
Business and Professions Code, while acting within the course of
and scope of their employment.
4. Uniformed security guards or night watchmen employed by
any public agency, while acting within the scope and in the course
of their employment.
5. Uniformed security guards, regularly employed and compensat:d
as such by persons engaged in any lawful business, and uniformed
alarm agents employed by an alarm company operator, while actually
engaged in protecting and preserving the property of their
employers or on duty or en route to or from their residence or
their place of employment. Security guards and alarm agents en
route to or from their residence or employer -required range training
6. Uniformed employees of private patrol operators and
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Ordinance No. 613
private investigators licensed pursuant to Chapter 11.5 (commencing
with Section 7512) of Division 3 of the California Business and
Professions Code acting within the course and scope of their
employment as private patrolmen or private investigators.
Section 9.30.050.
As used in this chapter "prohibited area" means any place
where it is unlawful to discharge a weapon.
Section 9.30.060.
Nothing in this Chapter is intended to preclude the discharge
of any loaded firearm, under circumstances where it would otherwise
be lawful, by a person who reasonably believes that
the person or
property of himself or herself or of another is in immediate, grave
danger and that such is necessary for the preservation of such
person or property.
MOVED, PASSED and ADOPTED this 22nd day of October
1984.
CERTIFICATION
I, Irene Joyce Sweeney, City Clerk of the
HEREBY CERTIFY that the foregoing Ordinance
regular meeting of the City Council
day of September , 1984, and was
on the 22nd day of October
call vote:
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City of Beaumont DO
was introduced at a
of said City held
duly adopted upon
, 1984, upon the
on the 27th
second reading
following roll
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AYES:
NOES:
ABSTAIN:
ABSENT:
* B Eq U,
f,=1
tIh‘G?ATED .21r
ai
Ordinance No. 613
Councilmen Lowry, May and Mayor Pro Tem Russo.
Councilman Mitchell.
None.
Mayor Thompson.
CITY CL
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ITY OF BEAUM
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