Loading...
HomeMy Public PortalAboutOrd 1181ORDINANCE NO. 1181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING CHAPTER 9.68 ("WEAPONS") OF TITLE 9 ("PUBLIC PEACE, MORALS AND WELFARE") OF THE RANCHO MIRAGE MUNICIPAL CODE TO REGULATE THE USE OF WEAPONS WHEREAS, the City of Rancho Mirage ("City") is recognized as a charter city and a political subdivision of the State of California for certain purposes ; and WHEREAS, Rancho Mirage Municipal Code ("RMMC") Chapter 9.68 ("Weapons") regulates the use of weapons within the City of Rancho Mirage; and WHEREAS, the United States Fish and Wildlife Service issues permits for the depredation of migratory birds pursuant to the Migratory Bird Treaty Act; and WHEREAS, on March 1, 1990, the City passed Ordinance Number 464 which authorized coot depredation in the City after first obtaining a valid permit from the United States Fish and Wildlife Service; and WHEREAS, many open space golf course communities in the City experience migratory bird activity which causes property damage and creates unsafe walking conditions; and WHEREAS, City staff has been monitoring the complaints, impacts, and feedback received regarding coot depredation; and WHEREAS, of the fifteen ( 15) golf courses in the City only one ( 1) continues to request authorization for coot depredation; and WHEREAS, there are various non-lethal options readily available for the hazing of migratory birds to help mitigate property damage and unsafe walking conditions; and WHEREAS, the City desires to promote more humane and non-lethal mitigation options to address the negative secondary impacts of migratory bird activity and to eliminate public safety hazards associated with such discharge of firearms; and WHEREAS, the City desires to amend Chapter 9.68, eliminating the exception to the unlawful discharge of a weapon for persons with a valid depredation permit issued by the United States Fish and Wild Life Service and authorization from the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. RECITALS That the above recitals are true and correct and are incorporated as though fully set forth herein. Section 2. AMENDMENT TO CHAPTER 9.68 ("WEAPONS") OF TITLE 9 PUBLIC PEACE, MORALS AND WELFARE") OF THE RANCHO MIRAGE MUNICIPAL CODE Chapter 9.68 ("Weapons") of Title 9 ("Public Peace, Morals and Welfare") of the Rancho Mirage Municipal Code is hereby amended as follows: Chapter 9.68 WEAPONS 9.68.010 Discharge unlawful. No weapon, including but not limited to firearms, bows and arrows, slingshots or pellet guns, shall be discharged or used within the city nor shall any person have in his possession any loaded firearm. 9.68.020 Exceptions. The provisions of Section 9.68.010 shall not apply to the following persons: A. Any peace officer or member of the armed forces while acting in the lawful discharge of his duty; B. Any person using a firearm in the lawful defense of himself or another persont; C. Any person using an approved firearm in ascorclance with the terms and conditions of a depreciation permit for shooting coot i&sued by the U.S. Fish and Wild Lif.e Service ofthe Department oflnteriorpursuant to the Migratory Bird Treaty Act. The depredation permit must be signed by the city managerprior to use of the permit. As a minimum requirement to obtain city manager approval, the applicant shall submit to the city manager a scaled diagram shov.liRg the location of the shoot, the JoGation of au improvements and buildings within three hundred yards, the specific JoGafion from where firing will take place, the names and quaJifiGations of the participants, and a declaration under penalty of perjury that no shotgun 111-ill be used of a gage greater than twelve, and the shells used will be loVI base, target grade, eight or seven and one half only. The city manager will establish the hours minutes), frequency, and clays of the shoot. Section 3. CEQA EXEMPT That the City Council finds that this ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3) (common sense exemption) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment because there are other methods of non-lethal options readily available for the hazing of migratory birds and protection of property. 2 Section 4. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 5. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed. Section 6. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption . Section 7. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this ordinance pursuant to Section 1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC. Section 8. AMENDING OF BAIL SCHEDULE That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside . Section 9. CERTIFICATION That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 3 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on April 15, 2021, by the following vote: Ayes: Hobart, Kite, Smotrich, Townsend, Weill. ATTEST: Noes: None. Abstain: None. Absent: None . Kristie Ramos, City Clerk APPROVED AS TO FORM: Fm teven B. Quintanilla, City Attorney L,'5CI Weo.ver --f'-\owo.t, D:\)ct---\ C.(t,1 A\\OfY\O'-j 4 ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF RANCHO MIRAGE) I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby certify under penalty of perjury, that the foregoing Ordinance No. 1181 was introduced by first reading at a regular meeting of the City Council held on April 1, 2021, by the following vote: AYES: NOES: Hobart, Kite, Smotrich, Townsend, Weill. None. ABSENT: None. ABSTAIN : None. Ordinance No. 1181 was adopted at a regular meeting of the City Council held on April 15, 2021, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. I further certify that I have caused Ordinance No. 1181 to be posted and/or published, as required by law (GC Sect. 36933). 5 Kristie Ramos City Clerk