Chapter 9.36
FIREARMS
Sections:
9.36.010 Unlawful to discharge within city limits.
9.36.020 Discharging by persons under sixteen unlawful—Exception.
9.36.030 Forfeiture to city if used unlawfully.
9.36.040 Seizure and holding as evidence if used unlawfully.
9.36.050 Notice of seizure and forfeiture proceedings—Service on owner.
9.36.060 Notice of seizure and forfeiture proceedings—Filing of answer by owner.
9.36.070 Notice of seizure and forfeiture proceedings—Hearing upon failure of owner to answer.
9.36.080 Notice of seizure and forfeiture proceedings—Hearing when answer filed by owner.
9.36.090 Hearing—Production of evidence by owner to determine release or forfeiture.
9.36.010 Unlawful to discharge within city limits.
It is unlawful for any person to discharge any firearm, air gun, air rifle or other gun or device discharging by the use of powder, air, or springs, any bullet or shot of any kind, or any sling or slingshot, in the city except in shooting galleries and on pistol and rifle ranges, the locations of which have been approved by the city council, and which ranges are under the supervision of the chief of police; provided, how-ever, that this section shall not apply to police officers acting within the scope of their official duties. (Prior code § 18.38: Ord. 62 § 1)
9.36.020 Discharging by persons under sixteen unlawful—Exception.
No person under the age of sixteen years shall transport or discharge a firearm or sling within the city un-less accompanied by an adult. (Prior code § 18.39: Ord. 62 § 2 (part))
9.36.030 Forfeiture to city if used unlawfully.
Any firearm, air gun, air rifle, sling or slingshot, as described in Section 9.36.010, unlawfully used shall be forfeited to the city. (Prior code § 18.40: Ord. 62 § 2 (part))
9.36.040 Seizure and holding as evidence if used unlawfully.
Any peace officer of the city upon making or attempting to make an arrest for a violation of this chapter shall seize any firearm, air gun, air rifle, sling or slingshot, so used unlawfully and shall hold the firearm, air gun, air rifle, sling or slingshot, as evidence until a forfeiture has been declared under Section 9.36.050 or a release ordered. (Prior code § 18.41: Ord. 62 § 3)
9.36.050 Notice of seizure and forfeiture proceedings—Service on owner.
Notice of seizure and intended forfeiture proceedings shall be filed with the city clerk and shall be served upon the owner of the firearm, air gun, air rifle, sling or slingshot unlawfully used under Section 9.36.010. Notice shall be given to the owner by personal service or a notice of forfeiture or by mailing a copy of the notice by registered mail to such owner. If the owner is unknown or his address is unknown, then notice shall be given by one publication in a newspaper of general circulation in the city where the seizure was made. (Prior code § 18.42: Ord. 62 § 4)
9.36.060 Notice of seizure and forfeiture proceedings—Filing of answer by owner.
Within twenty days after the mailing or publication or service of the notice required by Section 9.36.050 the owner of the firearm, air gun, air rifle, sling or slingshot unlawfully used under Section 9.36.010 may file a verified answer to the fact of the use of such firearm, air gun, air rifle, sling or slingshot, alleged in the notice of seizure and of the intended forfeiture proceedings. No extension of time shall be granted for the purpose of filing the answer. (Prior code § 18.43: Ord. 62 § 5)
9.36.070 Notice of seizure and forfeiture proceedings—Hearing upon failure of owner to answer.
If at the end of twenty days after the notice has been served, mailed or published in accordance with Section 9.36.050 there is no verified answer on file in accordance with Section 9.36.060, the court shall hear the evidence upon the fact of the unlawful use under Section 9.36.010 and shall, upon motion, order the firearm, air gun, air rifle, sling or slingshot forfeited to the city. (Prior code § 18.44: Ord. 62 § 6)
9.36.080 Notice of seizure and forfeiture proceedings—Hearing when answer filed by owner.
If a verified answer is filed in accordance with Section 9.36.060, the forfeiture proceedings on firearms, air guns, air rifles, slings or slingshots unlawfully used under Section 9.36.010 shall be set for hearing on a day not less than thirty days therefrom, and notice of the hearing shall be given in the manner as provided for service of notice of seizure. (Prior code § 18.45: Ord. 62 § 7)
9.36.090 Hearing—Production of evidence by owner to determine release or forfeiture.
At the hearing set under Section 9.36.080, any owner who has a verified answer on file in accordance with Section 9.36.060 may show by competent evidence that the rifle, firearm, air gun, sling or slingshot, was not unlawfully used as provided in Section 9.36.010, and in the event of such proof, the court shall order the firearm, air gun, air rifle, sling or slingshot, released to the owner. If, however, the court determines that the firearm, air gun, air rifle, sling or slingshot has been used unlawfully as provided in Section 9.36.010, then the same shall be ordered forfeited to the city. (Prior code § 18.46: Ord. 62 § 8)