HomeMy WebLinkAbout4.09 Discharge of Firearms or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #585-80
DATE: June 16, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Adoption of Ordinance Relating to the Discharge of Firearms Within the City
Prepared by Nate Schmidt, Lieutenant of Operations
EXECUTIVE SUMMARY:
City Staff recently determined that portions of the Dublin Municipal Code ("Code") dealing with
the discharge of firearms within the city limits does not provide an exception for businesses
operating city-approved shooting galleries and/or pistol/rifle ranges. Staff wishes to amend
Section 5.88 of the Code to codify an exception for these businesses and allow legal
participation in these activities.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and INTRODUCE an Ordinance of
the City of Dublin Amending Section 5.88.020 of the Dublin Municipal Code Relating to the
Discharge of Firearms within the City.
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Submi tied)B Reviewed By
Dublin Police Chief Assistant City Manager
DESCRIPTION:
Currently, section 5.88.020 of the Municipal Code sets forth general rules prohibiting the
discharge of firearms within the City of Dublin. The Code states that "No person shall fire or
discharge any firearm of any kind within the corporate limits of the City."
Staff proposes to amend this section to clarify and expand the definition of what weapons are
generally prohibited from being discharged within the city.
Section 8.08 of the Municipal Code (Zoning Ordinance) states that the City allows indoor and
outdoor shooting ranges to operate under the definition of Recreational Facility/Indoor and
Page 1 of 2 ITEM NO. 4.9
Recreation Facility/Outdoor. With the recent opening of the Guns, Fishing and Other Stuff
location on Amador Plaza Road, the City has an existing, legal indoor shooting range where
customers are permitted to operate and discharge firearms for a fee. Staff wishes to amend
section 5.88.020 of the Municipal Code for consistency purposes to allow firearms to be
discharged within legal pistol and/or rifle ranges.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Ordinance amending Section 5.88.020 of the Dublin Municipal Code
Relating to the Discharge of Firearms within the City
2. Redline of Section 5.88.020
Page 2 of 2
ORDINANCE NO. - 15
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 5.88.020
OF THE DUBLIN MUNICIPAL CODE RELATING TO THE
DISCHARGE OF FIREARMS WITHIN THE CITY
WHEREAS, the City seeks to create a safe and non-threatening environment for all
individuals who enjoy the City; and
WHEREAS, the City's current ordinance sets forth general rules prohibiting the
discharge of firearms within the City; and
WHEREAS, the rules regarding the discharge of firearms have not amended since
1987; and
WHEREAS, the City is now home to a business which maintains a legal pistol and rifle
range where customers are permitted to operate and discharge firearms for a fee; and
WHEREAS, the City wishes to amend its Municipal Code to allow persons to operate
firearms within the confines of legal shooting ranges; and
WHEREAS, the City wishes further amend the Municipal Code to clarify what type of
weapons are prohibited from being discharged within the City.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1: Section 5.88.020 of the Dublin Municipal Code is amended to read in its entirety as
follows-
5.88.020 Discharging firearms prohibited.
A. It shall be unlawful for any person to discharge any firearm, gun, rifle, or
other gun or device discharging, by the use of powder, air, or springs, any bullet
or shot of any kind or any sling or slingshot in the city, except in shooting
galleries and on pistol and rifle ranges, at a location permitted and approved by
the city.
B. This section does not apply to peace officers in the performance of their
official duties.
Section 4. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words
or parts thereof of the ordinance or their applicability to other persons or circumstances.
Section 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 7. 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 California.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2015
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2450244.1
2450748.1
5.88.020 Discharging firearms prohibited.
A. Ne per-sen shall fire er-disehar-ge any firearm ef any kind within the eer-per-a+e limits ef the
A. It shall be unlawful for any person to discharge any firearm, gun, rifle, or
other gun or device discharging, by the use of powder, air, or springs, any bullet or
shot of any kind or any sling or slingshot in the city, except in shooting galleries
and on pistol and rifle ranges, at a location permitted and approved by the city.
B. This section does not apply to peace officers in the performance of their
official duties.