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Home My WebLink About6.1 Muni Code Dangerous Weapon c~rv Cl[E~[}{ Fole # D[Q[][Q]c{~][Q] AGIE~DA STAT~MIE~T CITY COU~Cll MEIETING DATIE felbu-uary 5,2008 SUBJECT ATTACHMENTS RJECOMMENDA TION /(1# lFINANCOAlL STATEMENT None DESCRIPTION PUBLIC HEARING OrdInance AmendIng Dubhn MurucIpal Code Chapter 5 88 (Dangerous Weapons) Report Prepared by Elzzabeth H Szlver City Attorney and Stephen MUZIO, AssoclGte Attorney 1 Draft OrdInance AmendIng Chapter 5 88 of the DublIn Muruclpal Code relatIng to Dangerous Weapons Draft OrdInance - (No redhne or stnkethroughs) 2 1 2 3 4 5 Receive Staff presentatIOn, Open pubhc heanng, ReceIve pubhc testimony, Close pubhc hearIng and deliberate, WaIve readIng and INTRODUCE the OrdInance AmendIng Chapter 5 88 of the Dublin MumcIpal Code relatIng to Dangerous Weapons (Attachment 1) At Its March 22, 2006 Goals and Objectives meetIng, the City CouncIl reviewed and approved With hIgh pnonty the comprehensIve update to certaIn chapters of the DublIn MunICIpal Code (DMC) One chapter proposed for reVIew IS DMC Chapter 5 88, WhICh prohIbIts the dIschargIng of any firearm WithIn the CIty and the possessIOn of dangerous weapons by mInors, except where certaIn exceptIOns apply Staff has revIewed the chapter and recommends that SectIOn 5 88010 be amended to Include a defimtIOn of "firearms" that IS drawn from, and conSIstent WIth, the defimtIOn set forth In Cahforma Penal Code SectIOn 12001(b) As used In thIs chapter, a firearm IS a weapon from which a projectIle IS expelled by the force of an explosIOn or other form of combustIon SectIOn 5 88 040 has been amended so that It IS clear that a mInor may not dIscharge a firearm whIle under the supervlSlon of a parent Staff further recommends that Chapter 5 88 be modIfied to correct unclear language In SectIOn 5 88 040 Intended to permIt the possessIOn by a mInor of a dangerous weapon In the course of performIng the COPY 1'0 Page I of2 II1'EM NO & I ~ duties ofrus or her occupatIon For example, a box cutter contammg a very sharp blade would hkely be a "dangerous weapon," as that term IS defined m the chapter ThIS exceptIOn would permIt a mmor workmg m a department store's stock room to possess a box cutter If It IS bemg used In the performance of hIS or her job Dublin Pohce ServIces has revIewed thIS chapter and concurs With Staff s recommendatIOns RJECOMMlENDA TION Staff recommends that the CIty CouncIl 1) receive Staff presentatIOn, 2) open public hearIng, 3) receive public testimony, 4) close public hearmg and deliberate, 5) Waive readmg and INTRODUCE the Ordmance AmendIng Chapter 588 of the Dublin MuniCipal Code relatmg to Dangerous Weapons (Attachment 1) Page 2 of2 , ~ it ORDINANCE NO AN ORDINANCE OF THE CITY OF DVBl.][N AMENDING CHAPTER 5 88 OF THE ][) UBlLIN MUN][CIP At CODE RJElLATING TO DANGEROUS WEAPONS The Cnty CouBllcil of the Cnty of Dubhn does hereby ordam as fonIows SectIOn 1 Chapter 5 88 of the DublIn Mumclpal Code IS revIsed as follows, With deletIOns mdIcated In stnkethrough and addItions IndICated In underhne 588010 Definntnons For the purposes of thiS chapter, the follOWing words shall have the follOWIng meanIngs set out m thiS sectIOn "Dangerous weapon" means and mcludes 1 Any kmfe haVIng a blade three (3) mches or more In length, or any snap-blade or spnng- blade kmfe regardless of the length of the blade, 2 Any Ice pIck or SimIlar stabbmg tool, 3 Any cuttIng, stabbmg or bludgeOnIng weapon or deVIce capable of mf1IctIng gnevous bodIly harm, 4 Any straIght edge razor or any razor blade fitted to a handle, 5 Any nflc, gun, pIstol, revolverfirearm, air nfle, B-B gun, air gun, slmg, slmg shot, or other SImilar mstrument or deVice deSigned or mtended to discharge or capable of dIschargmg a bullet, shot, or other mISSile of any kmd "FIrearm" means any deVIce. deSIgned to be used as a weapon. from which a bullet. shot or other miSSIle of any kInd IS expelled through a barrel. by the force of any explOSIOn or other form of combustIOn 5 88 020 Dlschall'gnng firearms plI'ollnbnted A No person shall fire or dIscharge any gl:lIl, revolver, rIfle, pIstol, shotgun or firearms of any kmd wlthm the corporate lImIts of the e~Ity B ThIS sectIOn does not apply to peace officers m the performance ofthelT offiCial dutIes 5 88 030 Use, possessIOn, discharge amI sale-Mmors-Prolllbded Except as otherwIse prOVided In SectIOn 588040, It IS unlawful for any person In the eCIty to sell, gIVe, loan, or In any way furmsh, or to cause or permIt to be sold, gIven, loaned, or m any way furnIshed to a mInor, or to allow any mInor to use or possess or dIscharge, or for any mInor to use or possess or dIscharge a dangerous weapon 5 88 040 Excepo.ons NothIng hereIn shall be deemed to prohIbit such mInor from usmg or haVIng In hiS possession, care, custody or control any such dangerous weapon. With the exceptIon of a firearm. In the event that such posseSSIOn, care, custody, control or use IS had WIth the consent of the parent or guardIan of such mmor and IS under the dIrect supervisIOn and control of some adult person, nor to prohibIt any mInor from usmg or havmg m hiS posseSSIOn or control any dangerous weapon whIch IS m good faIth In hIS posseSSIon or control for use In the performance of hIs lawful occupatIOn or employment or for the purpose of lawful recreation t-\-~ -.w (, 1 ;') IGlut? ~ ATTACHMENT 1 ~~4 5 88 050 Dnsorderly condlud prolb.nlInted NotwIthstandIng SectIOn 5 88040, It IS unlawful for any mInor carrYIng upon his person or haVIng In hiS possessIOn or under hIS control any dangerous weapon to engage m any fight upon any public place or way or upon the premIses of another SectIOn 2 SeverabilIty The provIsIOns of thIS OrdInance are severable and If any prOVIsIOn, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstItutIOnal, or mapplicable to any person or Circumstances, such IllegalIty, Invahdlty, unconStItutIOnalrty, or mapplIcablhty shall not affect or Impair any of the remammg proVISions, clauses, sentences, sectIOns, words or parts thereof of the ordmance or therr applIcabIlity to other persons or CIrcumstances Section 3 EffectIve Date ThIs OrdInance shall take effect and be enforced thIrty (30) days followmg ItS adoptIOn SectIOn 4 PostIng The City Clerk of the CIty of Dublin shall cause thIS OrdInance to be posted In at least three (3) publIc places In the CIty of DublIn In accordance With SectIOn 36933 of the Government Code of the State of Cal 1 forma PASSED, APPROVED AND ADOPTED thIs _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Carolyn ParkInson, lntenm CIty Clerk 3 ~ it ORJl)INANCE NO AN ORDiNANCE OF THE C][TY OF DVBlL][N AMENDING CHAPTER 5 88 OF 'I HE IDUlBlL][N MUNIC][P Al. CODE RElLATING TO lDlANGEROUS WEAPONS The City Cm..mcnU of the CIty 011' Dunbnm does hereby ordam as foHows Sectnon 1 Chapter 588 of the Dubhn MunICIpal Code IS revIsed as follows, WIth deletIOns mdIcated In stnkethrough and addItIons IndIcated In underhne 5 88 m 0 lDlefinntnons For the purposes of thIS chapter, the folloWIng words shall have the folloWIng meanIngs set out In thIS sectIOn 'Dangerous weapon" means and mcludes 1 Any kmfe haVIng a blade three (3) Inches or more In length, or any snap-blade or spnng- blade kmfe regardless of the length of the blade, 2 Any Ice pIck or SImilar stabbIng tool, 3 Any cuttIng, stabbIng or bludgeomng weapon or deVIce capable of mflIctIng gnevous bodIly harm, 4 Any straight edge razor or any razor blade fitted to a handle, 5 Any firearm, air nfle, B-B gun, aIr gun, shng, slIng shot, or other SImilar Instrument or deVice deSigned or Intended to discharge or capable of dtschargIng a bullet, shot, or other missIle of any kInd 'Firearm' means any deVIce, deSIgned to be used as a weapon, from whIch a bullet, shot or other mISSIle of any kInd IS expelled through a barrel, by the force of any explosIOn or other form of combustIOn 5 88 020 lDlnschargmg firearms prohibited A No person shall fire or dIscharge any firearm of any kmd WIthIn the corporate hmlts of the CIty B ThIS sectIOn does not apply to peace officers III the performance of their OffiCIal dutIes 5 88 030 Use, possessnon, dnscllIarge and sane--Mlmors-PlI'ollInbnted Except as otherWIse provIded m Section 5 88 040, It IS unlawful for any person In the City to sell, gIve, loan, or In any way furmsh, or to cause or permIt to be sold, given, loaned, or In any way furnished to a mmor, or to allow any nllnor to use or possess or dtscharge, or for any mmor to use or possess or discharge a dangerous weapon 5 88 040 Exceptions Nothmg herem shall be deemed to prohibIt such mmor from USIng or haVIng In hiS posseSSion, care, custody or control any such dangerous weapon, With the exception of a firearm, III the event that such posseSSIOn, care, custody, control or use IS had With the consent of the parent or guardian of such mmor and IS under the dIrect supervISIon and control of some adult person, nor to prohIbIt any mInor from USIng or haVIng In hiS posseSSIOn or control any dangerous weapon whIch IS In good faith In hIs posseSSIOn or control for use In the performance of hIS lawful occupatIOn or employment or for the purpose of lawful recreatIOn ATTACHMENT 2 4i4 5 88 050 Disorderly comj\1D.d prohDUJDted NotwIthstandIng SectIOn 5 88040, It IS unlawful for any mmor carrymg upon hIS person or haVIng III hIS possesSIOn or under hIs control any dangerous weapon to engage In any fight upon any publIc place or way or upon the premises of another SectIon 2 SeverabilIty The provlSlons of this OrdInance are severable and If any provlSlon, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstItutIOnal, or Inapplicable to any person or circumstances, such Illegahty, InvalidIty, unconstitutIOnality, or InapplicabIlIty shall not affect or Impair any of the remaInmg provIsions, clauses, sentences, sectIons, words or parts thereof of the ordInance or theIr applicabIlIty to other persons or CIrcumstances SeC1tlolIll 3 Effectlve Date ThIs OrdInance shall take effect and be enforced thIrty (30) days folloWIng ItS adoptlon Sednon 41 Postmg The CIty Clerk of the CIty of Dublin shall cause thIs OrdInance to be posted In at least three (3) pubhc places In the CIty of DublIn In accordance With SectIOn 36933 of the Government Code of the State of CalI forOla r ASSED, APPROVED AND A][)OJPl'E][) thIS _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Carolyn ParkInson, Intenm City Clerk