A.
This
chapter’s purpose is to:
1.
Protect
public safety by protecting vulnerable populations—a high number
of people who congregate at sensitive places such as city buildings,
city playgrounds, city community centers, and other city public facilities;
2.
Enable
the public to visit the city’s properties, buildings, and facilities
(“city properties”) without fear of endangerment from
gun violence or accidental injuries; and
3.
Prevent
city properties from being used to subsidize activities that can endanger
public safety and health.
B.
To achieve
these important and substantial governmental interests, the city council
seeks to ensure that city properties:
1.
Do
not create any risk that the public and the city employees at those
locations will suffer harm from gun violence or accidental injuries;
2.
Do
not draw individuals with firearms to sensitive public places;
3.
Do
not contribute to the continued, excessive proliferation of weapons
and acquisition of firearms far beyond the numbers necessary to meet
individuals’ use of firearms for self-defense or sporting purposes;
4.
Are
not used to facilitate the unlawful purchase of firearms by “straw”
purchasers who act as fronts for ineligible purchasers of firearms;
5.
Are
operated in a manner that protects members of the public from the
risk of grave bodily harm or death from gun violence, and accidental
injury;
6.
Are
not used to increase the numbers of people who gain access to firearms
to commit violent and unlawful acts, and to harm themselves or others,
whether intentionally or by accident; and
7.
Are
not used to subsidize activities that can endanger public safety and
health.
(Ord. 5794, § 1, 3-19-2013)
The city council finds, determines, and declares that:
A.
The
national and statewide statistical information available from numerous
sources overwhelmingly demonstrates that the incidence of gunshot
fatalities and injuries has reached alarming, and thus, unacceptable
proportions, as the following examples show.
B.
According
to the United States Centers for Disease Control, in 2010 in the United
States, guns took the lives of 31,076 people in homicides, suicides,
and unintentional shootings. This is the equivalent of more than 85
deaths each day and more than three deaths each hour. In the same
year, 73,505 Americans were treated in hospital emergency departments
for non-fatal gunshot wounds. In 2010, guns were used in 11,078 homicides
in the United States, comprising almost 35% of all gun deaths, and
68% of the 16,259 homicides committed in the United States.
C.
The
United States Department of Justice, Bureau of Justice Statistics,
under the category of Firearms and Crime Statistics, reports that
in 2010, 415,003 victims of violent crimes stated that they faced
an offender with a firearm. In 2011, 467,321 victims of violent crimes
stated that they faced an offender with a firearm.
D.
The
Johns Hopkins Center for Gun Policy and Research reports that young
people in the United States are at risk for being both victims and
perpetrators of firearm-related violence. In 2007, more than 4,900
firearm-related homicide victims were age 24 and younger. In this
same age group, almost 2,000 adolescents and young adults committed
suicide with a firearm.
E.
The
Johns Hopkins Center for Gun Policy and Research also reports that
firearms are the most common weapon used in intimate partner homicides.
F.
According
to Death Statistics prepared by the California Department of Health,
Center for Health Statistics, over the last decade (2000-2010), a
total of 11,675 Los Angeles County residents lost their lives due
to firearm-related injuries. In 2010, 281 suicides and 502 homicides
were due to firearms.
G.
A notable
increase in random acts of mayhem and violence using firearms has
occurred throughout the United States, California, and Southern California:
1.
On
April 2, 2012, seven people were killed and three people injured in
a mass shooting at Oikos University in Oakland, California.
2.
On
July 20, 2012, 12 people were killed and 58 people were wounded at
a mass shooting in a movie theater in Aurora, Colorado.
3.
On
December 14, 2012, 27 people, including 20 children, were killed with
a firearm during a mass shooting at Sandy Hook Elementary School in
Newtown, Connecticut. The perpetrator used a collection of firearms
lawfully acquired by his mother to shoot her and the other victims.
4.
On
January 29, 2013, an innocent teenage bystander—who had sung
in a choir at President Obama’s inauguration nine days earlier—was
shot and killed in a Chicago park in broad daylight by a youth who
was aiming at someone else. These shootings of innocent bystanders
are common throughout the nation and subject ordinary citizens and
their families to serious risk of death and serious injury when using
public facilities.
5.
On
February 3, 2013, a former officer of the Los Angeles Police Department
(LAPD) went on a systematic revenge rampage shooting, killing relatives
of members of that police department. The shooter had a vendetta against
the LAPD. Scarce police resources had to be devoted to protecting
members of the LAPD who themselves were thereby diverted from performing
critically important public safety duties. The pursuit of the suspect
and the protection of the members of the public, as the shooter fled
through multiple counties, consumed additional resources of police
agencies throughout the region and terrorized numerous citizens, police
officers, and their families.
6.
On
February 19, 2013, a 20 year-old part-time community college student
in Tustin, California, shot to death a young woman in his Orange County
home, and then he went on an early morning shooting spree, killing
four people and wounding others.
7.
On
February 26, 2013, two police officers in Santa Cruz, California,
were shot and killed while investigating a complaint of sexual assault.
The perpetrator had lived and worked in several different California
towns before locating to Santa Cruz a short time before the attack.
The incident could have occurred in any of these towns, making it
clear that no community is insulated from random firearms violence—
which exacts a deadly and unpredictable toll not only on citizen victims,
but also on the police officers charged with protecting them.
8.
On
February 26, 2013, one teenager fatally shot another teenage high
school student on the grounds of an elementary school near San Leandro,
California, when the victim allegedly refused to make good on a five-dollar
($5.00) bet.
H.
Whenever
guns and ammunition are present, even when they are being handled
by knowledgeable and conscientious individuals, a danger of accidental
shootings—causing injury or death—arises. According to
the United States Centers for Disease Control, in 2010, unintentional
firearm injuries caused the deaths of 606 people. From 2005-2010,
almost 3,800 people in the U.S. died from unintentional shootings.
Over 1,300 victims of unintentional shootings for the period 2005-2010
were under 25 years of age. These recent incidents illustrate the
problem’s severity:
1.
On
January 19, 2013, at a “Gun Appreciation Day” gun show
in Medina, Ohio, a 62 year-old man was shot in the arm when a firearms
dealer accidentally discharged a gun he had purchased from an attendee.
On the same day, at the Indy 1500 Gun and Knife Show in Indianapolis,
Indiana, a man accidentally shot his hand as he unloaded a firearm.
Also on the same day, at the Dixie Gun and Knife Show in Raleigh,
NC, three people were injured when a 12-gauge shotgun filled with
“bird shot” accidentally discharged.
2.
On
February 27, 2013, a public school employee in Van, Texas, was accidentally
shot and wounded during a school district sponsored handgun safety
class.
I.
While
government at all levels has a substantial interest in protecting
the public from firearm related harm and death, local governments
have the predominant obligation to do so. The city council, therefore,
has a particular concern and responsibility to ensure that it protects
public health and safety, especially of the public when on city properties.
J.
The
city owns and operates many different public facilities which are
sensitive places widely patronized by the public, including seniors
and children. In addition to buildings housing its officials and employees
where the public must come to conduct business with the city, the
city operates numerous public facilities that provide public services
at those locations. The city has 47 parks and recreation facilities
which include four community centers (two senior centers and two centers
for all ages), one golf course, three soccer fields, and 16 ball fields.
In addition, the city operates eight public libraries, a youth center,
and an emergency shelter. Locations such as these are where a large
number of youth and adults congregate, making them appealing for someone
intending to inflict a high number of casualties. The city also owns
and operates nine fire stations and numerous Glendale Water and Power
facilities. The city has a critically important interest in protecting
these users of its public facilities, and its employees, from gun
violence and injuries.
K.
The
city also owns and operates the Glendale Civic which is used for many
different civic events attended by the public. A thrice-yearly gun
show there draws more than a thousand (1,000) people from the Southern
California area. The civic auditorium not only is right across the
street from another sensitive place— Glendale Community College
which has 16,000 students—but also is within 1,000 feet of College
View School, a public school providing K-12 instruction to students
with special needs operated by the Glendale Unified School District.
The gun show attracts attendees who are allowed under state law to
bring their own weapons to the gun show as long as the weapons are
checked at the entrance. (Penal Code section 27340(b).) The city’s
property could thus draw individuals who are more prone to have and
use firearms, and thereby expose young, vulnerable K-12 and community
college students to increased danger.
L.
In addition,
the city has been promoting and marketing a variety of other uses
of the civic auditorium that are likely to be incompatible with its
use for the gun shows—which occupy the civic auditorium’s
upper floor and lower floor, virtually the entire facility.
M.
The
city council has authority over the management and control of city
properties, and it may regulate, by ordinance, the manner in which
the city’s properties are accessed and used by members of the
public to ensure that city properties are not used in a way to create
an additional risk of serious harm from firearms violence or accidental
injury.
N.
As of
February, 2013, 18 federal firearms license holders are in the city,
including one pawnbroker, two manufacturers, and 15 firearms dealers.
Further, an additional 19 persons have federal firearms licenses,
issued for collectors of curios and relics. These collectors are permitted
to sell firearms. In total, 37 federal firearms license holders are
in the city. Glendale has four retail firearm stores.
O.
Glendale
has three neighboring cities, all situated next to Glendale’s
corporate limits:
1.
In
the City of Pasadena, as of February, 2013, there are five federal
firearms licenses issued to two retail firearms dealers and three
pawnbrokers dealing in firearms. Pasadena has five retail firearm
stores.
2.
In
the City of Burbank, as of February, 2013, there are 13 federal firearms
licenses issued to 11 firearms dealers and two to manufacturers. Burbank
has five retail firearm stores.
3.
In
the City of Los Angeles, as of March, 2013, there are 18 retail firearm
stores.
P.
In Los
Angeles County, 361 federal firearms licenses have been issued, in
addition to 857 federal firearms licenses that have been issued to
collectors of curios and relics.
Q.
Accordingly,
given the number of federal firearm license holders authorized to
sell firearms and ammunition in neighboring cities and in Los Angeles
County, residents of Glendale have a wealth of opportunities to view
and purchase firearms for self-defense or for sporting purposes, and
the city’s preclusion of such opportunities at a thrice-yearly
gun show conducted at the city’s civic auditorium has a de minimis
effect on the ability to purchase firearms for those purposes. Many
of the dealers at the Glendale Civic Auditorium gun show are from
the Southern California region already.
R.
Prohibiting
the possession or sale of firearms, or ammunition, or both, on city
properties will have the following beneficial effects, among others:
1.
It
will enhance public health and safety by contributing to the reduction
in the presence of firearms and the potential for gunshot fatalities
and injuries on city property;
2.
It
will increase the confidence of members of the public that they are
not at risk of injury from firearms when they seek to use city properties;
and
3.
It
will help to ensure the safety of the general public and specifically
children, who are among the most vulnerable in our society.
S.
The
California Supreme Court has ruled that state law does not preempt
local laws banning the possession and sale of firearms and ammunition
on local government’s property. In Nordyke v. King (2002) 27
Cal.4th 875, the Supreme Court upheld an Alameda County ordinance
banning the possession of firearms and ammunition on county owned
property and in Great Western Shows, Inc. v. County of Los Angeles
(2002) 27 Cal.4th 853, the Supreme Court upheld a Los Angeles County
ordinance prohibiting all sales of firearms and ammunition on county
property. These rulings uphold the city council’s legal ability
to ban the possession and sale of firearms and ammunition on city
properties.
T.
Prohibiting
the sale or possession of firearms and ammunition on city properties
does not burden the rights of persons to engage in self-defense or
sporting activities and does not prevent persons from purchasing firearms
at retail outlets in the city and throughout the region.
(Ord. 5794, § 1, 3-19-2013)
For the purpose of this chapter, the following words and phrases
have the meanings ascribed to them, unless otherwise noted:
means any ammunition as defined in California Penal Code
section 16150, or any successor legislation.
Means real property, including any buildings thereon, owned,
leased, or subleased by the City of Glendale (“city”)
and in the city’s possession—or in the possession of a
public or private entity, corporation, or person under contract with
the city to perform a public purpose—including, but not limited
to, the following property: parks, playgrounds, open space, plazas,
community centers, facilities (including the Glendale Civic Auditorium,
the city’s civic center complex, and city libraries), parking
lots, and parking structures.
Does not include the public right-of-way owned by the city,
including any area across, along, on, over, upon, and within the dedicated
public alleys, boulevards, courts, lanes, roads, sidewalks, streets,
and ways within the city.
Means any gun, pistol, revolver, rifle, or any device, designed
or modified to be used as a weapon, from which is expelled through
a barrel a projectile by the force of an explosion or other form of
combustion.
Includes:
A firearm, as defined in California Penal Code Section 16520
or any successor legislation.
A BB device, as defined in California Penal Code Section 16250
or any successor legislation.
An imitation firearm, as defined in California Penal Code Section
16700(a) or any successor legislation.
(Ord. 5794, § 1, 3-19-2013)
Section 9.25.040 does not apply to the following:
A.
A peace officer, retired peace officer, or person assisting a peace
officer when authorized to carry a concealed weapon or a loaded firearm
under California law or under 18 U.S.C. Section 926B or Section 926C,
or any successor legislation.
B.
A member of the armed forces when on duty.
C.
Any person bringing a firearm onto city property in order to exchange
or transfer or relinquish it to the Glendale police department, in
compliance with any Glendale police department operated or sponsored
program to purchase, exchange, or otherwise obtain voluntary relinquishment
of firearms from the public.
D.
A military or veteran's organization carrying unloaded weapons while
parading.
E.
Individuals delivering firearms and ammunition as authorized by California
or federal law, to or from the Glendale police department.
F.
A guard or messenger of a common carrier, bank, or financial institution,
or an armored vehicle guard when authorized by applicable California
or federal law to carry the firearm and when engaged in the exercise
of official duties on city property.
G.
A person who is lawfully at and using the city's target range in
accordance with its rules and applicable law.
H.
An honorably retired federal officer or agent of a federal law enforcement
agency, when authorized to carry a concealed or loaded weapon under
California or federal law.
I.
A patrol special police officer, animal control officer, or zookeeper
when authorized by applicable California or federal law to carry a
loaded firearm and when engaged in the exercise of official duties
on city property.
J.
A security officer appointed by a sheriff or police chief for the
protection of government property under applicable California or federal
law.
K.
An officer authorized to transport prisoners under applicable California
or federal law.
L.
An authorized participant in a motion picture, television, film or
video production, or musical or theatrical production when the participant
lawfully uses an unloaded firearm as part of that production.
M.
Individuals with validly issued concealed carry weapon ("CCW") permits
as it pertains to possession on city-owned open spaces, parks, the
Glendale Civic Auditorium, parking lots and playgrounds, but, as it
pertains to playgrounds, only when the CCW permit holder is in the
company of their minor children, or other children they are there
to care for or supervise, at the playground. "Playground," as used
herein, shall mean, refer and relate to, city-owned property where
a child play structure is present. Individuals with CCW permits not
caring for or supervising children shall not be permitted to possess
firearms or ammunition in a playground or within a 50-foot radius
surrounding a playground, however to the extent that the 50-foot radius
renders a surrounding park inaccessible, this subsection shall not
apply for the limited purpose of allowing such CCW permit holders
access to the surrounding park. Nothing in this subsection shall be
construed to authorize or permit conduct that violates any state law
regarding the possession of firearms in or local government property
that is legally in effect.
(Ord. 5794, § 1, 3-19-2013; Ord.
6017, 11/28/2023)
Section 9.25.040 does not apply to the purchase or sale of a firearm, or ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local governmental entity.
(Ord. 5794, § 1, 3-19-2013)
