This chapter is adopted in accordance with Article XI, Section
7 of the California Constitution for the purpose of protecting the
most vulnerable members of the public from death or serious bodily
injury resulting from use of a firearm.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter:
"Area"
means surface area, and all measurement of distances is on
the surface of the land.
"Health protection zone"
means the area within 1,000 feet of a sensitive receptor.
The measurement must be made from the property line of the receptor
unless the receptor building is more than 50 feet set back from the
property line, in which case the measurement is made from the outline
of the building footprint to 1,000 feet in all directions.
"Sensitive receptor"
means any of the following:
(1)
A residence, including a private home, condominium, apartment,
and living quarter.
(2)
An education resource, including a preschool, school maintaining
transitional kindergarten, kindergarten, or any of grades one to 12,
inclusive, daycare center, park, playground, university, and college.
A park is an education resource if it is an area that is open to the
public for outdoor recreation that is at least partially within one-quarter
mile of a residence or another education resource. Only the portion
of a park that is within one-quarter mile of a residence or another
education resource is considered a sensitive receptor.
(3)
A community resource center, including a youth center.
(4)
A health care facility, including a hospital, retirement home,
and nursing home.
(5)
Live-in housing, including a long-term care hospital, hospice,
prison, detention center, and dormitory.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
(A) For the purposes of this chapter, distances are measured in feet
as horizontal distance.
(B) When distance from a sensitive receptor is measured from the property
line, the measurement is from the property line directly between the
sensitive receptor and the firearms dealer and from the point on the
property line that is nearest to the firearms dealer.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
Health protection zones are established between sensitive receptors
and firearms dealers. It is unlawful for any firearms dealers to be
located within a health protection zone. The City Attorney is authorized
to take any enforcement actions needed to enforce this prohibition
in accordance with Title 4 of this code, including, without limitation,
seeking judicial intervention without additional city council authorization.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
A firearms dealer use may be approved within the Shopping Center
Zone (S-C) upon being issued a conditional use permit by the Planning
Agency in accordance with this title.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)