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.
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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.
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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
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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).
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Kristie Ramos
City Clerk