Chapter 9.12
DISCHARGING WEAPONS1
Sections:
9.12.020 Discharge prohibited.
9.12.030 Use or possession in restricted areas.
9.12.050 Violation – Confiscation and sale.
9.12.010 Definitions.
Certain words and phrases are defined in this section to clarify their use in this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.
A. “Firearm” means and includes any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive, or other form of combustion; or the frame or receiver of any such weapon.
B. “Person” means and includes any individual, firm, partnership, copartnership, joint venture, association, company, corporation, or any other group or combination acting as a unit, and the plural as well as the singular number.
C. “Weapon” means and includes any device from which a shot, bullet, pellet or other dangerous projectile can be discharged or propelled, including but not limited to any gun, rifle, pistol, air rifle, BB gun, crossbow, bow and arrow, or slingshot. (Ord. 86-02 § 1, 1986)
9.12.020 Discharge prohibited.
It is unlawful for any person to shoot, fire or discharge a weapon in the city, or to cause or permit a weapon to be shot, fired or discharged in the city, except as may be permitted by statute or this chapter. This section shall not be deemed to make punishable any such act or acts which are prohibited by any other law of the state. (Ord. 86-02 § 1, 1986)
9.12.030 Use or possession in restricted areas.
It is unlawful for any person to use or have in his or her possession a weapon in any area owned, operated, leased or controlled by the city. This section shall not be deemed to make punishable any act or acts which are prohibited by any other law of this state. (Ord. 86-02 § 1, 1986)
9.12.040 Exceptions.
Provisions of this chapter shall not apply to any of the following:
A. Peace officers in the discharge of their official duties, using reasonable care;
B. Persons using weapons in necessary self-defense;
C. Persons using weapons in a careful manner for the purpose of destroying dangerous or noxious animals upon the land owned or occupied by them, provided written permission is first had and obtained from the chief of police;
D. Persons using weapons in a careful manner for the purpose of practice at established target ranges and shooting galleries inspected and approved by the chief of police. (Ord. 86-02 § 1, 1986)
9.12.050 Violation – Confiscation and sale.
A. Any weapon in the possession of any person charged with violation of this chapter shall be surrendered to the peace officer making such charge, and shall be surrendered by him to the chief of police.
B. If any person charged with violation of this chapter is subsequently convicted of such violation, the chief of police, except upon the certificate of a judge of a court of record, or the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, may annually, between the first and tenth days of July in each year, offer the weapons which he considers to have value with respect to sporting, recreational or collection purposes, for sale at public auction to persons licensed under the law to engage in businesses involving any weapons purchased.
C. If any weapon has been stolen and is thereafter recovered from the thief or his transferee, or was used in violation of this chapter without the prior knowledge of its lawful owner that it would be so used, it shall not be so offered for sale, but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon his identification of the weapon and proof of ownership.
D. If any weapon is not retained, sold or returned to its lawful owner, it shall, in the month of July next following, be destroyed so that it can no longer be used as a weapon; provided, that if any confiscated firearm is not sold or returned to its lawful owner in accordance with this section, it may be retained by the police department for law enforcement purposes if the chief of police so directs.
E. No stolen weapon shall be sold or destroyed unless a reasonable notice is given to its lawful owner, if his or her identity and address can be reasonably ascertained. (Ord. 86-02 § 1, 1986)
9.12.060 Violation – Penalty.
Any person violating the provisions of this chapter is guilty of a misdemeanor. (Ord. 86-02 § 1, 1986)
Prior code and ordinance history: Prior code §§ 10-60 – 10-65 as amended by Ord. 82-9; and § 4 of Ord. 84-06.