Except as provided in Section
9.28.020, no person within this city shall fire or discharge or cause to be fired or discharged, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his or her possession within the city, or to fire, discharge or cause to be fired or discharged within the city, any firearm or explosive device, rifle, air rifle, airgun, BB gun or pellet gun, sling, slingshot, bows, or bows and arrows, or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air, or any explosive substance.
(Prior code § 3500)
The provisions of Section
9.28.010 as to the use of any device, firearm or instrument mentioned therein shall not apply to any of the following cases:
A. To police,
peace officers, law enforcement officers, or persons in military service,
or in the discharge of their duties;
B. To any
person using a firearm in necessary self-defense of self or property,
or otherwise authorized or permitted by law;
C. To any
person using a firearm in accordance with any duty or function bestowed
upon that person by law or recognized by law;
D. The
discharge or firing of such firearms, or causing them to be discharged
or fired, at a target range or authorized hunting ground;
E. To the
discharge or firing of fireworks as authorized by law or this code;
F. To the
use of firearms for the purpose of protecting life or property against
animals, birds or rodents, where a permit to so discharge the same
has been issued by the chief of police;
G. To the
use or discharge of any air rifle, airgun, BB gun or pellet gun, slingshot,
bow, arrow, or bows and arrows, or similar devices for hunting or
target practice purposes on the private property of the person using
or discharging such device, provided that no person under eighteen
shall so use or discharge the foregoing as authorized in this section
unless under the direct supervision and control, at the time of use
or discharge of the foregoing, by his or her parent or guardian owning
such private property, or an adult person having direct supervision
and control of such minor and in possession of such private property;
and provided further, that the use or discharge of such device shall
not result in any projectile, arrow, shot or other missile landing
or lodging beyond the boundaries of such private property.
(Prior code § 3501)
A. As used
in this chapter:
1. The
meaning of the term firearm" shall be the same as the meaning of that
term under the State Dangerous Weapons Control laws, and shall include
air rifles, pellet guns or BB guns.
2. Replica
firearm" means and shall include any device or object made of plastic,
wood, metal, or any other material, which is a facsimile or toy version
of or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off
shotgun, rifle, machine gun, rocket launcher, or any other firearm
as that term is used under the provisions of Sections 12001, 12001.5,
12020(d)(1) and 12570 of the State
Penal Code.
B. Every
person who, except in self-defense, in the presence of any other person,
draws, exhibits or brandishes a replica firearm, or who simulates
a firearm in a rude, angry and threatening manner, or who in any manner,
unlawfully uses the same in any fight or quarrel, and causes the victim
to reasonably believe that the person is actually in possession of
an operable firearm, is guilty of a misdemeanor.
(Prior code §§ 3550, 3551; Ord. 734 § 1, 1987)