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Home My WebLink AboutItem 4.02 Muni Code Danger Weapon C~lY CllE~~ fole ## D~~[~}'(~J~ AGIE~lDA sr A llEMIE~l errv COU~C~l MlElEl~~G DA lIE lFeronnauy ~ 9, 2008 SUBnCT AdoptIon of Ordmance Amendmg DublIn MurucIpal Code Chapter 5 88 (Dangerous Weapons) Report Prepared by Elizabeth H Szlver, City Attorney and Stephen MUZIO Assoczate Attorney A TT AClHIMENTS 1 Draft Ordmance Amendmg Chapter 5 88 of the DublIn MUnICIpal Code relatmg to Dangerous Weapons "Clean" verSIOn of Ordmance Amendmg Chapter 5 88 wIthout stnkethrough notatIons 2 RECOMMENDATION # 1 WaIve the readmg and ADOPT the Ordmance amendmg Chapter 588 of the DublIn MUnICIpal Code FINANCIAL STATEMENT None DESCRllJPTION At ItS March 22, 2006 Goals and ObjectIves meetmg, the CIty CounCIl revIewed and approved WIth hIgh pnonty the comprehensIve update to certam chapters ofthe DublIn MunICIpal Code (DMC) One chapter proposed for reVIew IS DMC Chapter 5 88, willch prohIbIts the dIschargmg of any firearm WItilln the CIty and the posseSSIOn of dangerous weapons by mmors, except where certam exceptIons apply Staff has reVIewed the chapter and recommends that SectIon 588010 be amended to mclude a definItIOn of "firearms" that IS drawn from, and conSIstent WIth, the definItIon set forth m CalIfOrnIa Penal Code SectIOn 12001(b) As used m tills chapter, a firearm IS a weapon from willch a prOjectIle IS expelled by the force of an explOSIOn or other form of combustIOn Tills dIstmgUIshes firearms from B-B guns and aIr guns, willch expel prOjectIles through compressed aIr, spnng actIOn, or other non-combustIve force Thus, pursuant to sectIOn 5 88 040, willch establIshes lImIted exceptIOns to the prOVISIons ofthe chapter, a mmor could dIscharge a B-B gun m hIS or her backyard whIle under the supervISIOn of a parent SectIOn 5 88 040 has been amended so that It IS clear that a mmor may not dIscharge a firearm willIe under the supervISIon of a parent COPY TO Page 1 of2 ][TlEM NO 1.~ SttRpt Dangerous Weapons; 114 1015 Staff further recommends that Chapter 5 88 be modIfied to correct unclear language m SectIon 5 88 040 mtended to permIt the posseSSIOn by a mmor of a dangerous weapon m the course of performmg the dutIes of ills or her occupatIOn For example, a box cutter contammg a very sharp blade would lIkely 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 m the performance of ills or her Job Dublm PolIce ServIces has reVIewed thIS chapter and concurs WIth Staffs recommendatIOns On February 5, 2008, the CIty CouncIl held a publIc heanng regardmg the proposed ordmance FollOWIng the publIc heanng the CIty CouncIl waIved the readmg and mtroduced the ordmance RlECOMMJENDA TION Staff recommends that the CIty CouncIl 1) WaIve the readmg and ADOPT the Ordmance amendmg Chapter 5 88 of the Dublm MunICIpal Code Page 2 of2 I a;f it ORDINANCE NO AN ORDINANCE OlF TlHIE CITY OlF DUBlLIN AMENDING ClHIAlPTElR 5 88 OlF TlHIE DUBlLiN MUNllCIP AL CODE RElLA TING TO DANGEROUS WEAPONS The City CouncIl of the Cnty of DublIn does hereby ordam as follows SectIon 1 Chapter 5 88 of the Dublm MurucIpal Code IS revIsed as follows, WIth deletIOns mdIcated In stnkethrough and addItIons mdIcated In underlme 588010 DefimtlOns For the purposes of tills chapter, the folloWIng words shall have the followmg meanIngs set out m thIS sectIOn "Dangerous weapon" means and mcludes 1 Any knIfe havmg a blade three (3) mches or more m length, or any snap-blade or spnng- blade knIfe regardless of the length of the blade, 2 Any Ice pIck or sImIlar stabbmg tool, 3 Any cuttmg, stabbmg or bludgeonmg weapon or devIce capable of mflIctmg gnevous bodIly harm, 4 Any straIght edge razor or any razor blade fitted to a handle, 5 Any nfle, goo, pIstol, re'loh'erfirearm, aIr nfle, B-B gun, aIr gun, slIng, slIng shot, or other sImIlar mstrument or devIce deSIgned or mtended to dIscharge or capable of dIschargmg 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 Dlschargmg firearms prohnbIted A No person shall fire or dIscharge any gun, revolver, nfle, pIstol, SROtgun or firearms of any kmd WItilln the corporate lImIts of the eCIty B Tills sectIon does not apply to peace officers m the performance of theIr offiCIal dutIes 5 88 030 Use, possessIon, dnscharge and sane--Mmors-Prohnlbnted Except as otherwIse prOVIded m SectIOn 5 88 040, It IS unlawful for any person m the eCIty to sell, gIve, loan, or m any way furnIsh, or to cause or permIt to be sold, gIven, loaned, or m any way furnIshed to a mmor, or to allow any mmor to use or possess or dIscharge, 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 usmg or haVIng m ills posseSSIon, care, custody or control any such dangerous weapon. WIth the exceptIOn of a firearm. m 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 mmor from usmg or havmg m hIS posseSSIOn or control any dangerous weapon willch IS m good faIth m ills posseSSIOn or control for use m the performance of ills lawful occupatIon or employment or for the purpose of lawful recreatIOn ItijY)# Lt:2 2-(/1/08 ~ A TT ACHMENT 1 (j ~~4- 5 88 050 Disorderly conduct prohlbnted NotwIthstandmg SectIOn 5 88 040, It IS unlawful for any mmor carrymg upon hIS person or havmg m ills 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 SectlOnl 2 SeverabIlIty The provlSlons of thIS Ordmance are severable and If any provlSlon, clause, sentence, word or part thereof IS held Illegal, mvalId, unconStItutIOnal, or mapplIcable to any person or clfcumstances, such IllegalIty, mvalIdIty, unconstItutIOnalIty, or mapplIcabIlIty shall not affect or ImpaIr any of the remaInIng prOVISIOns, clauses, sentences, sectIOns, words or parts thereof of the ordmance or theIr applIcabIlIty to other persons or CIrcumstances SectIon 3 EffectIve Date Tills Ordmance shall take effect and be enforced thIrty (30) days followmg ItS adoptIon SectlOnl 4 Postmg The CIty Clerk of the CIty of DublIn shall cause tills Ordmance to be posted m at least three (3) publIc places m the CIty of Dublm m accordance WIth SectIon 36933 of the Government Code of the State of CalI forma lP ASSED, APPROVED AND ADOPTED thIS _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk d ~ lr ORDINANCE NO AN ORDllNANCE OlF TlHDE CITY OlF DUBlLllN AMENDING ClHIAPTER 5 88 OlF TlHIE DUBlLIN MUNICIP AlL CODE RElLA TING TO DANGEROUS WEAJPONS The Cnty CouncIl of the Cnty of Dulbhn does hereby ordaBD as follows SectIOn 1 Chapter 5 88 of the Dublm MunIcIpal Code IS revIsed as follows, WIth deletIOns mdIcated m stnkethrough and addItIons mdIcated m underlIne 588 010 DefimtJons For the purposes of thIS chapter, the followmg words shall have the folloWIng meanIngs set out m tills sectIOn "Dangerous weapon" means and mcludes 1 Any knIfe haVIng a blade three (3) Inches or more m length, or any snap-blade or spnng- blade knIfe regardless of the length of the blade, 2 Any Ice pIck or sImIlar stabbmg tool, 3 Any cuttmg, stabbmg or bludgeonIng weapon or devIce capable of mflIctmg 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, slIng, 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 Dlschargmg firearms prohIbited A No person shall fire or dIscharge any firearm of any kInd WItilln the corporate lImIts of the CIty B ThIS sectIOn does not apply to peace officers In the performance of theIr offiCIal dutIes 5 88 030 Use, possessIOn, dIscharge and sale--MmoJrs-JProlllbBted Except as otherWIse prOVIded m SectIOn 5 88 040, It IS unlawful for any person m the CIty to sell, gIve, loan, or m any way furnIsh, or to cause or permIt to be sold, gIven, loaned, or m any way furnIshed to a mmor, or to allow any mmor to use or possess or dIscharge, 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 usmg or havmg m ills possessIon, care, custody or control any such dangerous weapon, WIth the exceptIOn of a firearm, m the event that such possessIon, care, custody, control or use IS had WIth the consent of the parent or guardIan of such mInor and IS under the drrect supervIsIon and control of some adult person, nor to prohIbIt any mmor from usmg or havmg m ills posseSSIOn or control any dangerous weapon willch IS m good faIth m ills posseSSIon or control for use In the performance of ills lawful occupatIOn or employment or for the purpose of lawful recreatIOn A TT ACHMENT 2 4- 'i4 5 88 050 DIsorderly conduct prohIbited NotwIthstandmg SectIOn 5 88040, It IS unlawful for any mmor carrymg upon ills person or havmg m ills 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 prOVlSlons of thIS Ordmance 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, mvalIdIty, unconstItutIOnalIty, or mapplIcabIlIty shall not affect or ImpaIr any of the remaInIng provlSlons, clauses, sentences, sectIOns, words or parts thereof of the ordmance or therr applIcabIlIty to other persons or crrcumstances SectIon 3 EffectIve Date Tills Ordmance shall take effect and be enforced tillrty (30) days folloWIng ItS adoptIon SectIon 4 Postmg The CIty Clerk of the CIty of DublIn shall cause tills OrdInance to be posted m at least three (3) publIc places m the CIty of Dublm m accordance WIth SectIOn 36933 of the Government Code of the State of CalI forma PASSED, APPROVED AND ADOJPTED tills _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk