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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. � fir�✓, 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.