[§ 2, Ord. 13; § 1, Ord. 937-96, eff. November 4, 1996; § 1, Ord. 1048-06, eff. January 4, 2007]
It shall be unlawful for any person to discharge or use any gun, pistol, rifle, air gun, spring gun, or any other BB device, catapult, sling, or other device for projecting stones, slugs and shot, including metallic and non-metallic BB's and pellets, unless a valid permit providing for such discharge has been issued pursuant to this chapter and is in effect and the discharge complies with the terms and conditions thereof, or such person is otherwise permitted to discharge a weapon under the laws of the State of California, including, but not limited to, peace officers. Under no circumstances shall a permit be issued for discharges within the area marked on the map as shown below.[1]
[1]
Editor's Note: The map referred to herein may be found on file in the office of the City Clerk.
[§ 1, Ord. 678, eff. June 30, 1980; § 1, Ord. 937-96, eff. November 14, 1996]
(a) 
Application. Every person seeking permission to fire a weapon in the City shall submit a completed application form to the City Manager containing such information as required by rules and regulations adopted by resolution of the City Council from time to time. In addition, the applicant shall submit with the application:
(1) 
Written authorization from the property owner where the weapon is to be used.
(2) 
Evidence that the permittee and the property owner where the weapon is to be used have general liability insurance for the period during which the weapon is to be used that provides not less than $500,000 coverage for personal and property damage, and naming the City of Avalon as an additional insured or similar security in a form and of a type acceptable to the City Attorney.
(3) 
A copy of a valid Fish and Game Department Permit.
(4) 
Payment of $150 to cover the City's costs for notifying property owners and residents as provided for herein.
(b) 
Standards for Permit Issuance. The City Manager, or the City Council on appeal, shall apply the following criteria in determining whether to approve, conditionally approve or deny the permit application:
(1) 
The efficacy, cost and relative safety of available alternative methods for achieving the purpose for which the permit is requested.
(2) 
The extent to which the proposed weapon discharge presents a threat to safety, including, but not limited to: (a) the proximity of the shooting location to places where persons or flammable materials may be; (b) the range and accuracy of the weapon and type of ammunition to be used; (c) the experience of the permittee with the weapon and the conditions under which the weapon will be used; (d) prior weapons permit compliance; and (e) visibility factors. A member of City staff or the Sheriff's Department shall make a site visit with the permittee to assess the location for safety hazards.
(3) 
Means by which the permit may be conditioned so as to lessen identifiable safety hazards.
(c) 
Conditions of Approval. The City Council may promulgate by resolution a list of conditions it deems necessary or appropriate for this purpose. The City Manager, or the City Council on appeal, may impose additional reasonable conditions on the permit that are designed to lessen safety hazards.
(d) 
Term of Permit. Weapons permits shall be valid for a maximum period of six months or such shorter term as the City Manager or City Council on appeal may deem appropriate. Permits may be renewed in accordance with the procedures applicable to issuance of same.
(e) 
Revocation of Permits. The City Manager may set a hearing on five days' notice to the applicant and shall have the authority to revoke or suspend any permit upon determining that the permittee has violated the terms and conditions thereof. Such revocation or suspension may be appealed to the City Council in accordance with the procedure set forth in subsection (f) below.
(f) 
Notification of Determination and Appeals. Not later than five working days after submission of a complete application, the City Manager shall send the applicant by mail written notice of action on the permit, including a list of all conditions, if granted, or a brief statement of the reasons for denial. If the application is granted, the City Manager shall send notice of the grant of any permit and the time within which an appeal may be filed to all property owners within 350 yards of the location where the weapon is to be discharged. The grant of a permit shall not be final and cannot be acted on until such appeal period has passed. The City Manager's decision may be appealed in writing by the permittee, the affected property owner or any other interested person no later than 15 days after the date upon which the notification to the applicant or property owner is mailed. If an appeal is filed from the denial of a permit by the applicant, then the City shall notify all property owners within 350 yards of the location where the weapon is to be discharged of the filing of the appeal and the date set for hearing thereon.