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HomeMy Public PortalAboutOrdinance 818ORDINANCE NO. 818 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING CHAPTER 9.30 OF THE BEAUMONT MUNICIPAL CODE RE: DANGEROUS WEAPONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 9.30, entitled "Discharge of Firearms" is hereby amended in its entirety to read "Dangerous Weapons", as more specifically provided for in Exhibit "A", which is attached hereto and made a part hereto. Section 2: This Ordinance shall take effect as provided by law. MOVED, PASSED AND ADOPTED this 19th day of March, 2002 by the following vote: AYES: Mayor DeForge, Council Member Fox, Berg, Dressel, and Valdivia. NOES: None. ABSENT: None. ABSTAIN: None. AT Alan Kapanic. , City lerk Certification Mayor Brian I, Alan Kapanicas, City Clerk of the City of Beaumont, do hereby certify that the forgoing Ordinance was introduced at a Regular Meeting of �tt •• -- ' ity Council held on November 6, 2002, and was duly adopted upon second ren M. ch 19 2002. / lan Kap. ty Clerk CHAPTER 9.30 DANGEROUS WEAPONS Sections: Section 9.30.010 Prohibition: Discharging Weapons. Section 9.30.020 Exceptions. Section 9.30.030 Violation: Penalty. Section 9.30.040 Violation: Confiscation. Section 9.30.050 Severability. Section 9.30.010 Prohibition: Discharging Weapons. Except as otherwise provided in this Chapter, no person shall, within the City limits, shoot, fire or discharge, nor cause or permit to be shot, fired or discharged: A. Any rifle, shotgun, revolver, pistol, cannon or other firearm of any kind; B. Any air gun, air rifle or air pistol; C. Any spring gun, spring rifle or spring pistol; D. Any BB gun, pellet gun or any carbon dioxide or gas operated gun; E. Any crossbow of any type, compound bow, or a bow more than three feet in length; F. A sling for the purpose of throwing a rock, ball bearing or other missile; G. Paint ball rifle or gun, or any spot marker rifle or gun. Section 9.30.020 Exceptions. The prohibitions set forth in this Chapter shall not apply to any of the following: A. Peace Officers and military forces engaged in the performance of their duties; B. Lawful self-defense, and the lawful defense of others and property; C. Shooting ranges or other structures, facilities or clubs which are used for shooting or archery in the context of a recreational or sporting activity; D. Starter and timing guns firing blank cartridges in shows, sporting events, athletic contests or other public performances, or signal cannons that do not discharge projectiles; E. Minors engaged in lawful activities involving the use of dangerous weapons provided (i) such minor is under the direct supervision and control of a parent, guardian or responsible adult, or (ii) is at least 16 years of age and has the prior written consent of his or her parent or legal guardian, or (iii) the minor has the prior written consent of his or her parent or legal guardian and is on lands owned or lawfully possessed by his or her parent or guardian. Section 9.30.030 Violation: Penalty. A. Any person violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. B. Any individual convicted of a violation of this Chapter shall be: (1) Guilty of an infraction offense and punished by a fine not exceeding $100.00 for the first violation; (2) Guilty of an infraction offense and punished by a fine not exceeding $200.00 for the second violation of the same offense and perpetrated by the same individual; (3) The third and any additional violations of the same provision shall be punishable by a fine not exceeding $1,000.00 or six (6) months in jail, or both. C. Notwithstanding the foregoing, a first offense may be charged and prosecuted as a misdemeanor. Section 9.30.040 Violation: Confiscation. In addition to the penalties set forth in Section 9.30.030, a violator of this Chapter shall suffer the confiscation of the weapon. Section 9.30.050 Severability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. 2