CHAPTER 3
CRIMES AGAINST PUBLIC SAFETY

ARTICLE 2. DISCHARGE AND CARRYING FIREARMS AND OTHER WEAPONS

SECTION:

§6210:    Unlawful To Discharge Certain Weapons; Exceptions

§6211:    Unlawful To Carry Loaded Weapon

§6212:    Discharge Of Weapons At Approved Range Permitted

§6213:    Police Authorized To Confiscate Weapon Used In Violation Of Article

§6214:    Destruction Or Sale Of Confiscated Weapon

§6215:    Disposition Of Unsold Weapons

§6216:    Penalty For Violation

§6210 UNLAWFUL TO DISCHARGE CERTAIN WEAPONS; EXCEPTIONS

It shall hereafter be unlawful for any person or persons, within the corporate limits of the City, to discharge any pistol, revolver, gun, rifle or any caliber, cannon, anvil, or any other firearm, and also any air gun, B-B gun, blow gun, slingshot, bow, or any instrument of any kind, character or description which throws or projects bullets, pellets, or missiles of any kind to any distance, by means of powder of any explosive substance, or by means of the elastic force of air, rubber, or steel springs, or by any other means; or in any manner to use the same to the danger or annoyance of any person or injury to property except in lawful defense of a person or persons, or of property. (Ord. 494, §1, adopted 1955)

§6211 UNLAWFUL TO CARRY LOADED WEAPON

It shall be unlawful for any person or persons to carry a weapon, as defined in §6210 of this Article, anywhere within the corporate limits of the City unless such person or persons shall carry the weapon unloaded, with the breech or magazine open, or the main parts of the weapon broken down and separated. (Ord. 494, §2, adopted 1955)

§6212 DISCHARGE OF WEAPONS AT APPROVED RANGE PERMITTED

The City Council of Ukiah may, upon written application being made, grant permission for the location of pistol, skeet, or archery ranges within said City, upon which pistol, skeet, or archery ranges it may be lawful to discharge revolvers, pistols, shotguns, or bows subject to such regulations as said City Council may establish. (Ord. 494, §3, adopted 1955)

§6213 POLICE AUTHORIZED TO CONFISCATE WEAPON USED IN VIOLATION OF ARTICLE

Any and all weapons, as hereinbefore defined, used and employed by any person in violation of this Article shall be seized by the authorized law enforcement officer and shall be confiscated and disposed of in the manner hereinafter specified. After seizure, all weapons shall remain in the custody of the Police Department until a forfeiture has been declared, or a release has been ordered by the court having jurisdiction in the matter. In those cases in which the court with jurisdiction finds that the weapon was used in violation of this Article, all individual property rights in the weapon shall be declared forfeited. (Ord. 494, §4, adopted 1955)

§6214 DESTRUCTION OR SALE OF CONFISCATED WEAPON

If the reasonable value of any forfeited weapon, as estimated by the Chief of Police, does not exceed the sum of ten dollars ($10.00), the Police Department is authorized to destroy such weapon, or cause it to be destroyed, to such extent that it shall be wholly and entirely useless and ineffective for the purpose for which it was designed or constructed. However, if such reasonable value of any forfeited weapon exceeds the sum of ten dollars ($10.00), the same shall remain in the custody of the Police Department and thereafter be sold to the highest bidder at a public auction to be conducted by said Department on a business day between the hours of nine o’clock (9:00) A.M. and five o’clock (5:00) P.M. at a public place in the City within one year from the date of forfeiture. Before any such sale is conducted, notice thereof must be given by posting in at least three (3) public places within the City, at least ten (10) days before the date of the sale, a written notice containing a brief description of the weapons to be sold and stating the time and place of the public auction. It may be specified in the notice that any and all bids may be rejected, as the police officer conducting the sale shall in his sound discretion so decide. No member of the Police Department shall become a purchaser of any such sale, or be interested in any purchase thereat. All money received by the Police Department through the public sale of said weapons shall be deposited with the City Clerk of the City for distribution into the General Fund. (Ord. 494, §4, adopted 1955)

§6215 DISPOSITION OF UNSOLD WEAPONS

All weapons which may remain unsold after the conduct of a public auction as provided for in this Article shall be destroyed by the Police Department, unless the Chief thereof shall, in his discretion, determine to retain such weapons in the custody of said Police Department for the purpose of offering the same for sale at a subsequent public auction to be held hereunder. (Ord. 494, §4, adopted 1955)

§6216 PENALTY FOR VIOLATION

Any person or persons violating any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00), or by imprisonment for a period not exceeding thirty (30) days, or by both such fine and imprisonment. (Ord. 494, §4, adopted 1955)