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HomeMy WebLinkAboutOrdinance 1746 (Trigger Lock Ordinance)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1746 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 8.38 TO THE SAN RAFAEL MUNICIPAL CODE PERTAINING TO THE REGULATION OF FIREARMS DEALERS" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 15th day of November, 1999, published as required by City Charter in the MARIN INDEPENDENT JOURNAL. a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 6th day of December, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 7th day of December, 1999 JEA NE M. LEONCINI, City Clerk ORDINANCE NO. 1746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 8.38 TO THE SAN RAFAEL MUNICIPAL CODE PERTAINING TO THE REGULATION OF FIREARMS DEALERS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1: The City Council of the City of San Rafael makes the following findings: A. There is a need for trigger locks or similar devices on firearms sold by firearms dealers in the City of San Rafael, based upon the following: 1. In the years 1987 to 1996, nearly 2,200 children in the United States under the age of 15 years died in unintentional shootings. In 1996 alone, 138 children were shot and killed unintentionally. Thus, more than 11 children every month, or one child every three days, were shot or killed unintentionally in firearms -related incidents. 2. The United States leads the industrialized world in the rates of children and youth lost to unintentional, firearms -related deaths. A 1997 study from the federal Centers for Disease Control and Prevention reveals that for unintentional firearm -related deaths for children under the age of 15, the rate in the United States was nine times higher than in 25 other industrialized countries combined. 3. While the number of unintentional deaths from firearms is an unacceptable toll on America's children, nearly eight times that number are treated in U.S. hospital emergency rooms every year for nonfatal unintentional gunshot wounds. 4. Thirty percent of all unintentional shootings could be prevented by the presence of two safety features: trigger locks and loaded chamber indicators. 5. More than 1.2 million elementary aged, latch -key children have access to guns in their homes. combined. handgun. 6. Guns kill more California children than car crashes, drugs and diseases 7. At the age of three, a child has enough strength to squeeze the trigger of a xb tiii G`% bin 8. Most children who accidentally kill themselves or a friend do so while playing with a loaded gun found in their home or a friend's home. 9. The City of San Rafael wishes to take all practical steps to prevent injuries and deaths resulting from the accidental discharge of firearms. 10. Trigger locks, or similar devices, when used properly, prevent the unintended discharge of a firearm. 11. On August 27, 1999, Governor Davis signed AB 106, which will require the sale of a firearm safety device with all firearms. However, this law will not become effective until January 1, 2002. B. There is a need for regulation of firearms dealers, based upon the following: 1. There were 21,985 shootings, which either resulted in death or hospitalization in California during 1995 and 1996. In 1997 alone, there were 1,835 homicides committed with a firearm in California and approximately 25,000 firearms -related injuries. The vast majority of these deaths and injuries were attributable to handguns. 2. The widespread availability of illegally obtained firearms resulted in a significant number of shooting incidents in the Bay Area through 1997, and the number of shooting incidents continues to be alarming. 3. Because of the range and effectiveness of firearms, the use of firearms in violent crimes is more likely to lead to the death or injury of bystanders. 4. On average, 11 people in California were killed with a gun every day in 1996. In 1996, there were 4,045 firearm deaths in California. More Californians died from firearm deaths in 1996 (4,045) than in motor vehicle related deaths (4,022). 5. 669 young people, ages 0-19, died as a result of firearms in California in 1996. Of these: 520 were firearm homicides, 107 were firearm suicides, 35 were unintentional shootings, and 7 were of undetermined intent. 6. Gunshot injuries in California cost $329 million in 1991. Just over half of this cost is for hospitalizations; 44% for other medical care and 5% for related non-medical care. 80% of the medical cost for treatment of firearms- related injuries is paid for by taxpayers. Gunshot wounds are costly. Treatment of gunshot wounds is, on average, twice as expensive as treatment of stab wounds or other intentional injuries. Acute medical care for patients with firearms -related injuries has been estimated to cost nearly $32,000.00 per hospital admission. Youth gunshot victims in California incurred nearly $50,000,000.00 in hospital bills for the initial hospitalization only, in 1992. And, it has been reported that firearms -related injuries and fatalities in 1993 indirectly cost Californians over $16.9 billion in lost productivity and quality of life. 2 7. Government at all levels has a substantial interest in protecting the people from those who acquire guns illegally and use them to commit crimes resulting in injury or death of their victims. 8. The State of California has not sufficiently addressed the problems resulting from the availability and use of firearms in urban areas of the State, forcing cities and counties to enact, within the limits of State law, local measures requiring the licensing of firearms and firearms munitions dealers. 9. The alarming number of deaths and injuries attributable to firearms in the Bay Area and indeed in the State of California is an unacceptable trend that warrants stricter control over the availability of firearms within the City of San Rafael. 10. A local ordinance enacted by the City of San Rafael regulating gun dealers who sell, lease or otherwise transfer firearms within the City of San Rafael is needed to mitigate the potential danger created by gun dealers who are operating in violation of state law. 11. Section 12071 of the California Penal Code provides that municipalities may exercise discretion to grant or deny applications for permits to sell firearms. 12. The City of San Rafael and the County of Marin are located in close proximity to the Counties of San Francisco, Sonoma, Contra Costa and Alameda Counties. It is recognized that gun use and associated violence and crime with guns are more prevalent in those counties than in the City of San Rafael and the County of Marin. However, considering the proximity to these other counties, the City of San Rafael wishes to take proactive and preventative measures to ensure the protection of the public throughout the Bay Area. DIVISION 2: Chapter 8.38, "Regulation of Firearms Dealers" is hereby added to the San Rafael Municipal Code to read as follows: Sections: 8.38.010 8.38.020 8.38.025 8.38.030 8.38.035 8.3 8.040 8.3 8.045 8.38.050 Chanter 8.38 Regulation of Firearms Dealers Definitions Permit Required. Application. Investigation by Police Chief. Conditions of Approval. Requirement of a Secured Facility. Liability Insurance. Issuance of Permit -Duration. 3 8.38.060 Grounds for Permit Denial. 8.38.065 Grounds for Permit Revocation. 8.38.067 Hearing for Permit Denial or Revocation. 8.38.068 Non -Assignability. 8.38.069 Compliance by Existing Dealers. 8.38.080 Violations and Penalties. Section 8.38.010. Definitions. For the purpose of this chapter, the words set forth in this section shall have the meaning assigned to them unless from the context it appears that a different meaning is intended: (a) "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by force of explosion or other means of combustion. (b) "Firearms dealer" and "licensee", means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code §12071(a)(1). Section 8.38.020. Permit Reauired. It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued by the Police Chief or his/her designee. Section 8.38.025. Application. (a) An applicant for a permit or renewal of a permit under this chapter shall file with the Police Chief an application in writing, signed under penalty of perjury, on a form prescribed by the Police Chief. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter including: (1) The name including any aliases or prior names, age and address of the applicant. (2) The applicant's Federal Firearms License and California Firearms Dealer numbers. (3) The address of the proposed location for which the permit is required, together with the business name, and the name of any corporation, partnership, or association that has any ownership in, or control over, the business, if any. (4) The names, ages and addresses of all persons who will have access to or control of workplace firearms, including but not limited to, the applicant's employees, agents and/or supervisors, if any. 4 (5) Proof of a possessory interest in the property at which the proposed business will be conducted in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of the real property. (6) A floor plan of the proposed business, which illustrates the applicant's compliance with security provisions, as outlined in Section 8.38.040 of this Chapter. (7) Proof of compliance with any applicable City zoning requirements. (8) Proof of compliance with all federal and state licensing laws. (9) Information relating to every license or permit to sell, lease, transfer, purchase, or possess firearms which were sought by the applicant from any jurisdiction in the United States, including, but not limited to, the date of each application and whether it resulted in the issuance of a license; and the date and circumstances of any revocation or suspension. (10) Applicant's agreement to indemnify, defend and hold harmless the City, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees arising in any manner out of the applicant's negligence or intentional or willful misconduct. (11) Certification of satisfaction of insurance requirements. (12) The date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States. (b) The application shall be accompanied by a nonrefundable processing and administration fee, in an amount to be set by the City Council by Resolution, as provided in Chapter 3.34 of this Code. Section 8.38.030. Investigation by Police Chief. The Police Chief shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The Police Chief shall require an applicant, or any officer, agent or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the Police Chief, and any other additional information which the Police Chief considers necessary to complete the investigation. Section 8.38.035. Conditions of Approval. In addition to other requirements and conditions of this chapter, a permit by the Police Chief is subject to the following conditions, the breach of any of which is sufficient cause for revocation of the permit by the Police Chief: 67 (a) The business shall be carried on only in the building located at the street address shown on the permit. This requirement, however, does not prohibit the permittee from participating in a gun show or event that is authorized by federal, state and local law upon compliance with that law and upon compliance with any applicable City ordinance regulating the permissible locations of gun shows. (b) The Police Chiefs permit or a certified copy of it shall be displayed on the premises and at gun shows where it can be easily seen. (c) The applicant shall not permit any person under 18 years of age to enter or remain within the premises without being accompanied by the parent, grandparent or legal guardian where the firearm sales activity is the primary business performed at the site. (d) The permittee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing with each firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm. Such device shall be of a type approved by the Police Chief and/or his/her designee. The permittee shall advise the Police Chief of the type of device at the time of application for the permit, renewal of the permit or at any time the permittee desires to change the type of device previously approved by the Police Chief. This subsection (d) only shall be deemed rescinded on the effective date of AB 106, which is set for January 1, 2002. Section 8.38.040. Reauirement of a Secured Facility. Firearms dealers must comply with California Penal Code §12071(b)(14), which provides that at any time the licensee is not open for business, the licensee shall store all firearms kept in his or her licensed place of business using one of the following methods as to each particular firearm: (A) "Store the firearm in a secure facility, as defined by Penal Code Section 12071(c)(3), that is part of, or that constitutes, the licensee's business premises; (B) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises; or (C) Store the firearm in a locked fireproof safe or vault on the licensee's premises." 0 Section 8.38.045. Liabilitv Insurance. (a) No permit issued by the Police Chief shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the City's Risk Manager and executed by an insurance company approved by the City, whereby the applicant is insured against liability for damage to property and for injury to or death of any person as a result of the sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum liability limits shall not be less than $1,000,000 for each incident of damage to property or incident of injury or death to a person. (b) The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until notice in writing has been given to the City's Risk Manager at least 30 days prior to the time the cancellation becomes effective. (c) Upon expiration of a policy of insurance and if no additional insurance is obtained immediately, the permit is considered canceled without further notice. Section 8.38.050. Issuance of Permit - Duration. (a) The Police Chief may issue a permit to the applicant if he or she finds that the applicant complies with all applicable federal, state and local laws including but not limited to, the State Penal Code, the City Building Code, the City Fire Code, and the City zoning ordinance. (b) A permit issued by the Police Chief expires one year after the date of issuance. A permit may be renewed for additional one-year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable renewal fee in the amount set by Resolution of the City Council as provided in Chapter 3.34 of this Code. The renewal application and the renewal fee must be received by the Police Chief no later than 45 days before the expiration of the current permit. (c) A decision regarding issuance or renewal of a permit may be appealed in the manner provided pursuant to Section 8.38.067. Section 8.38.060. Grounds for Permit Denial. The Police Chief shall deny the issuance or renewal of a permit when one or more of the following conditions exist: (a) The applicant has not complied with the requirements of this chapter or, has violated the provisions of Section 8.37.060 of this Code pertaining to prohibited activity in connection with the sale, display or transfer of "Saturday Night Specials." (b) The applicant, or any officer, employee or agent thereof who will have access to and control of firearms is under 21 years of age; (c) The applicant is not licensed as required by federal and state law; (d) The applicant or any officer, employee or agent thereof who will have access to and control of firearms has had a license or permit to sell, lease, transfer, purchase or possess firearms from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five (5) years. (e) The applicant or any officer, employee or agent thereof who will have access to and control over firearms has made a false or misleading statement of a material fact or omission of a material fact in the application for the permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five (5) years. (f) The applicant or any officer, employee or agent thereof who will have access to and control over firearms has been convicted of: (1) An offense which disqualifies that person from owning or possessing a firearm under federal, state and local law, including, but not limited to, the offenses listed in Penal Code section 12021; (2) An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon. (3) An offense involving the use of force or violence upon the person of another with a deadly weapon. (4) Any felony, misdemeanor burglary or misdemeanor fraud. (5) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the State Health and Safety Code, as it now reads or may hereafter be amended to read. (g) The applicant or any officer, employee, or agent thereof who has control over firearms is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103. (h) The applicant or any officer, employee, or agent thereof who has control over firearms is currently, or has been within the past five (5) years, an unlawful user of a controlled substance as defined by the Health and Safety Code; (i) The operation of the business as proposed would not comply with federal, state or local law regulating the sale of Saturday Night specials, or the locations of permitted sales, if any, at gun shows. 9 Section 8.38.065. Grounds for Permit Revocation. In addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial of a Police Chief's permit also constitute grounds for revocation. Section 8.38.067. Hearing for Permit Denim pr Revocation. (a) A person whose application for a permit is denied or revoked by the Police Chief has the right to a hearing before the Police Chief before final denial or revocation. (b) Within ten days of the mailing of written notice of intent to deny the application or revoke the permit, the applicant may appeal by requesting a hearing before the Police Chief. The request must be made in writing, setting forth the specific grounds for appeal. If the applicant submits a timely request for an appeal, the Police Chief shall set a time and place for the hearing within 30 days. (c) The decision of the Police Chief shall be in writing within ten days of the hearing. An applicant may appeal the decision of the Police Chief to the City Manager or his or her designee in the manner provided by the resolution adopted by the City Council which addresses this appeal process. Section 8.38.068. Non -Assignability. A Police Chief's permit issued under this Chapter is not assignable. An attempt to assign a Police Chief's permit renders the permit void. Section 8.38.069. Compliance by Existing Firearms Dealers. A person engaging in firearm sales activity on the effective date of this chapter or any amendment to it shall, within sixty (60) days after the effective date, comply with this chapter and any amendment to it. Section 8.38.080. Violations and Penalties (a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person. (b) Any person found to be in violation of the provisions of this chapter shall be subject to the revocation of his or her permit to sell, lease or transfer firearms. 9 (c) In addition to any other penalty or remedy, the City Attorney may commence a civil action to seek enforcement of the provisions of this chapter. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: The City Council finds that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act in that the Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment. DIVISION 5: This Ordinance shall be published once in full before its final passage in newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. B T J. B J , Mayor ATTEST: J INE M. LEON(fI I, City Clerk The foregoing Ordinance No. 1746 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 15th day of NOVEMBER, 1999 and ordered passed to print by the following vote, to wit: 10 AYES: Councilmembers : Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers : None ABSENT: Councilmembers : None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 6th day of DECEMBER '1999. JE M. LEONCINI, City Clerk 11