[§ 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, 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.