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HomeMy Public PortalAboutOrdinance 6131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. // -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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: -4-- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -5- ITY OF BEAUM T