CITY OF PLEASANT HILL ORDINANCE NO.

Transcription

1 CITY OF PLEASANT HILL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING CHAPTER 9.35 OF THE PLEASANT HILL MUNICIPAL CODE RELATING TO FIREARMS THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.35 of the Pleasant Hill Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 9.35 FIREARMS Sections: Findings and Purpose Definitions Police Permit Required for Firearms Sales Police Permit - Application Investigation by Police; Determination timeframe Grounds For Permit Issuance Denial of Permit Appeals and Calls for Review Annual Report Revocation of Permit Conditions of Approval of Permit Reserved Permits Not Assignable Compliance by Existing Firearms Sellers Authority to Inspect Violations Reserved Discharging prohibited Reserved Exceptions Rules and regulations Severability clause Findings and Purpose. A. Findings. -1-

2 1. Regulation of the sale, transfer, lease, or offer for sale or lease, of firearms or ammunition is necessary to protect the public health, safety and welfare. 2. Federal regulation of firearms dealers and ammunition sellers currently is inadequate to protect the public safety. 3. The Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF ) reported in 2007 that it inspects each federal firearms licensee, on average, only once every 17 years Federal laws are silent regarding many important aspects of the dealer s business, such as its location and security requirements during business hours. This leaves dealers free to operate out of their homes and near schools and other places children frequent. 5. According to a 1998 ATF random sample of federal firearms licensees nationwide, 56% of all dealers operated out of their homes and 19% were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores California is among a minority of states that impose licensing requirements on firearms dealers, but the standards are minimal The California Court of Appeal in Suter v. City of Lafayette, 57 Cal.App.4 th 1109 (1997) held that state law authorizes local governments in California to impose additional licensing requirements on firearms dealers Federal firearms licensees are required by federal law to comply with all state and local dealer laws as a condition for retaining their federal licenses The International Association of Chiefs of Police recommends that local governments impose their own licensing requirements on firearms dealers because local requirements can respond to specific community concerns, and 1 Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking, December 18, 2008, available at 2 Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in the United States 16 (Feb. 2000), available at 3 See Cal. Penal Code et seq. and et seq. 4 Although the Court in Suter struck down a provision of the City of Lafayette s ordinance imposing additional security requirements on firearms dealers, that part of the opinion has been superseded by the adoption of Cal. Penal Code 26890(b) U.S.C. 923(d)(1)(F). -2-

3 local review of licensees provides additional resources to identify and stop corrupt dealers A 2009 study found that cities in states that comprehensively regulate retail firearms dealers and cities where these businesses undergo regular compliance inspections have significantly lower levels of gun trafficking than other cities No federal or California law imposes security requirements on firearms dealers during business hours or requires firearms dealers or ammunition sellers to install burglar alarms or surveillance cameras. California law explicitly allows local jurisdictions to impose security requirements on firearms dealers that are stricter or at a higher standard than those imposed by state law No federal or California law requires agents and employees of firearms dealers or ammunition sellers to undergo background checks. California law explicitly permits local jurisdictions to require firearms dealers to perform such background checks No federal or California law requires firearms dealers to obtain liability insurance, prohibits firearms dealers or ammunition sellers from operating in residential neighborhoods or near schools, daycare centers, or parks. 14. California law requires firearms dealers to report the loss or theft of any firearms within 48 hours of discovery to the local law enforcement agency where the dealer s business premises are located, but does not otherwise require dealers to provide inventory reports to local law enforcement agencies Federal law prohibits possession of ammunition by the same categories of persons it prohibits from possessing firearms California law requires persons who sell, loan or transfer firearms within California to obtain a license, but does not require persons who sell, loan or transfer ammunition to do so International Association of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our Communities 14 (Sept 2007), available at 7 Daniel W. Webster et al., Effects of State-Level Firearms Seller Accountability Policies on Firearms Trafficking, J. Urb. Health (July 2009). 8 Cal. Penal Code 26890(b). 9 Cal. Penal Code 26915(c). 10 Cal. Penal Code 26885(b) U.S.C. 922(g). -3-

4 B. Purpose. By enacting this Chapter, the City Council is establishing a local program for the license and regulation of the sale, lease or transfer of firearms and ammunition. The provisions of this Chapter are not intended to contradict or duplicate any applicable state or federal law Definitions. For the purposes of this Chapter, any reference to a state or federal statute includes any amendments or renumbering that may be enacted from time to time. For the purposes of this Chapter, the words, terms and phrases as defined in this Section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended: 1. Antique Firearm. Antique firearm shall have the same definition as provided in 18 U.S.C. 921(a)(16). 2. Ammunition. Ammunition shall have the same definition as provided in California Penal Code and includes handgun ammunition as defined in Penal Code 16650, but does not include blanks, blank cartridges or ammunition that can be used solely in an antique firearm. 3. Chief of Police. Chief of Police shall mean the Chief of Police of the City of Pleasant Hill, California. 4. City. City shall mean the City of Pleasant Hill, California. 5. Engage in the business. Engage in the business shall mean the conduct of a business by the selling, leasing, or transferring of any firearm or ammunition in quantity, in series or in individual transactions, or in any other manner indicative of trade. 6. Entity. Entity shall mean any individual, sole proprietorship, business enterprise, corporation, limited liability company or publically traded corporation operated for profit, or a non-profit organization engaged in business activities, such as a cooperative. 7. Firearm. Firearm shall have the same definition as provided in California Penal Code and Firearm sales. Firearm sales shall mean the sale, transfer, lease, or offer for sale or lease, of a firearm. For purposes of this Chapter, firearm sales shall include sale of ammunition. 9. Permit. Permit shall mean a police issued permit to engage in the business of firearms sales in the City pursuant to the provisions of this Chapter. 12 Cal. Penal Code 26500(a). -4-

5 10.Secure facility. Secure facility shall mean a building that meets all of the following specifications: A. All perimeter doorways shall meet one of the following requirements: (1) A windowless steel security door equipped with both a deadbolt and a doorknob lock. (2) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five (5) inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine (9) gauge affixed to the exterior or interior of the door. (3) A metal grate or similar device that is padlocked and affixed to the premises independent of the door and doorframe. B. All operable windows are covered with steel bars. C. Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system. D. Any metal grates have spaces no larger than six (6) inches wide measured in any direction. E. Any metal screens have spaces no larger than three (3) inches wide measured in any direction. F. All steel bars shall be no further than six (6) inches apart. G. A deviation from the requirements of this Section may be approved by the Chief of Police upon consultation with the City s Chief Building Official if, in the opinion of the Chief of Police, the level of security provided by the alternative feature(s) is better than required by this Section Police Permit Required for Firearms Sales. It shall be unlawful for any entity to engage in the business of firearm sales in the City unless said entity obtains and maintains a permit issued by the Chief of Police as required by this Chapter. This requirement is in addition to the requirement for obtaining and maintaining a City issued business license and any and all required federal and state permits and licenses Police Permit Application. A. An applicant for a permit under this Chapter shall file with the Chief of Police an application in writing, signed under penalty of perjury, on a form prescribed by the City. The applicant shall provide all relevant information requested to demonstrate compliance with this Chapter including the following: (1) The name, age, street address, telephone number and address of the applicant; -5-

6 (2) The street address, business name, address and telephone number of the proposed location for which the permit is required; (3) Proof of a possessory interest in the property where the entity will engage in the business of firearms sales and the written consent of the owner of record of the real property if other than the applicant; (4) Proof that the property where the proposed firearms sales will be conducted is not: (a) within one hundred fifty (150) feet from any residence, when measured from the property line of any residence to the door of the firearms sales business that is nearest to that same property line of the residence; (b) within one thousand (1,000) feet of the exterior limits of any building premises occupied, as of the effective date of this Chapter, by a day care that is designated as a large family day care, Pleasant Hill Municipal Code , or general day care, Pleasant Hill Municipal Code , when measured from the closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied; (c) within one thousand (1,000) feet of the property line of any elementary school, junior high school or high school, whether public or private, in existence as of the effective date of this Chapter, when measured from the closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multiunit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied; (d) within five hundred (500) feet of the property line of a public park, the exterior limits of another entity engaged in the business of firearms sales, a massage establishment or an adult entertainment establishment, when measured from the closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied. (5) A floor plan of the proposed business which illustrates the applicant's intended security measures to comply with all applicable state and federal laws and the regulations and conditions set forth in this Chapter. (6) Proof of compliance with all applicable federal and state laws and regulations relating thereto. (7) Information relating to licenses or permits for firearms sales sought or held by the applicant from other jurisdictions, including, but not limited to, date of application and whether each application resulted in issuance of a license or permit. (8) Information relating to every revocation of a license or permit relating to firearms held by the applicant, including, but not limited to, date and circumstances of any revocation. -6-

7 (9) Applicant's agreement to indemnify, defend and hold harmless, to the fullest extent permissible under state and federal law, the City, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees, arising out of firearms sales by applicant or any person engaging in the business of firearms sales on behalf of the applicant, in knowing violation of applicable federal or state law. (10) Proof of satisfaction of insurance requirements as provided in Section (4) of this Chapter. (11) Whether the applicant, each officer of the entity and any person who will be engaged in the business of firearm sales in the City, by or on behalf of the applicant, has been convicted of any of the following types of offenses: (a) An offense which disqualifies or disqualified for a period of time, the individual from owning or possessing a firearm under federal, state or local law; (b) An offense relating to the manufacture, sale, possession, use or registration of a firearm, or dangerous or deadly weapon as defined by the California Penal Code; person; (c) An offense involving the use of force or violence upon another (d) An offense involving theft, fraud, dishonesty or deceit; (e) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code and regulations promulgated thereunder. (12) A complete criminal history, including arrests and convictions, a complete set of fingerprints, a recent passport quality photograph and a signed authorization for the release of pertinent records for each person who will be engaged in the business of firearm sales in the City, by or on behalf of the applicant. (13) Proof of a current and valid Certificate of Eligibility ( COE ) issued by the California Department of Justice ( DOJ ) for the applicant and each person who will be engaged in the business of firearm sales in the City, by or on behalf of the applicant. (14) Affirmation by the applicant as follows: I declare under penalty of perjury that the information contained herein is true and correct to the best of my knowledge. Further, I have read, understand, and will comply with applicable provisions of California Penal Code Part 6, Title 4 and regulations promulgated by the State of California relating to the sale, lease, or transfer of firearms; relating to recordkeeping, background checks, and fees relating to sale, lease, or transfer of firearms; and related to the sale, supply, delivery or transfer of ammunition. I understand that any false statement or omission of material information in connection with this application may be punished as provided by law, including civil and criminal sanctions, and may -7-

8 subject the applicant to a denial of permit, or the suspension, limitation, or revocation of any permit granted hereunder. B. The application shall be accompanied by a nonrefundable fee for administering this Chapter. Such fee shall be established by City Council resolution Investigation by Police Determination timeframe. A. The Chief of Police or his or her designee shall conduct a review of the application and an appropriate investigation of the applicant to determine compliance with the provisions of this Chapter. B. Within sixty (60) days following receipt of a fully completed application, the Chief of Police shall mail to the applicant, by overnight mail, a written notice of intent to grant or deny the application, complete with recitation of the grounds for the intent to grant or deny the application Grounds For Permit Issuance. A. The Chief of Police shall grant a permit to the applicant if he or she finds: (1) the applicant is in compliance with all applicable federal and state laws relating to firearm sales and the provisions of this Chapter; (2) the applicant has all required federal, state and local permits and licenses; (3) none of the conditions for denial or revocation as set forth in this Chapter are present; (4) the property at which the firearms sales business will be conducted meets the criteria of Section (A)(4). B. Such permit shall be conditioned on the applicant s compliance with all City codes. If the permit is granted, no entity shall engage in the business of firearm sales until all applicable appeal periods have expired, unless such entity was lawfully engaged in the business of firearm sales on the effective date of this Chapter Denial of Permit. A. The Chief of Police shall deny the issuance of a permit if one or more of the following conditions exist: (1) The applicant or any officer of applicant s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the City, is under 21 years of age. (2) The applicant is not licensed as required by federal, state and local law or has failed to provide a copy of his or her valid licenses. (3) The applicant, any officer of applicant s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the -8-

9 City has had a firearms permit or license previously revoked or denied for good cause within the immediately preceding two (2) years prior to the date of application. (4) The applicant has made a false or misleading statement of a material fact, or omission of a material fact in the application for a permit under this Chapter. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of two (2) years from the date of denial. (5) The applicant has failed to fully comply with the application requirements or the applicant, any officer of applicant s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the City fails or refuses to provide clear evidence of his or her identity, or any other information required pursuant to the provisions of this Chapter. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of one (1) year from the date of denial. (6) The applicant, any officer of applicant s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the City, has been convicted of: (a) An offense which disqualifies or disqualified for a period of time, the individual from owning or possessing a firearm under federal, state or local law; (b) another; (c) An offense involving the use of force or violence upon the person of An offense involving theft, fraud, dishonesty or deceit; (d) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code and regulations promulgated thereunder; (e) The Chief of Police has the authority to deem a conviction for an offense under (a) through (d) above that is not permanently disqualifying under state or federal law, as unlikely to adversely impact applicant s firearm sales business in the City due to factors including, but not limited to, remoteness in time. (7) The applicant or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the City has been convicted of an offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon. (8) The applicant or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the City is prohibited from possession or sale of firearms pursuant to Part 6, Title 4 of the California Penal Code. (9) The operation of the business as proposed would not comply with federal, state and local laws, including the provisions of this Chapter. (10) The operation of the firearms sales as proposed would be at locations that are not in compliance with the requirements of Section (A)(4) of this Chapter. -9-

10 Process for Approval; Appeals and Calls for Review. A. Within sixty (60) days of receipt of a completed application, the Chief of Police shall issue a written notice of intent to either approve or deny the application. The notice of intent shall be delivered to the applicant, posted via link on the landing page of the City s website, communicated as an attachment to the City s weekly update, and mailed to all residents and businesses within three hundred (300) feet of the intended business location. B. Within ten (10) business days of the mailing of the written notice of intent to either approve or deny the application, any person may appeal the Chief of Police s decision by requesting a hearing before the Chief of Police. The request must be made in writing, setting forth the specific ground(s) under this Chapter for the appeal, and must be delivered to the Police Department by hand or by overnight mail (deposited, in the case of overnight mail, within the 10-day period). If the person appealing the notice of intent submits a timely request for an appeal, the Chief of Police shall, within ten (10) business days, set a time and place for hearing (with notice to the applicant and, if applicable, appellant parties by overnight mail), such hearing to be initiated within forty-five (45) days of the date of the request for appeal and fully concluded within sixty (60) days of the date of the request for appeal. C. Within thirty (30) days of the conclusion of the hearing, the written decision of the Chief of Police shall be delivered via overnight mail to the applicant and, if applicable, appellant, at the physical address specified by the appellant/applicant. Notice shall be concurrently delivered to the City Manager and the City Attorney. The decision of the Chief of Police is final ten (10) days after the date of the written notice of the decision, unless an appeal is made of the decision. D. An applicant may appeal the Chief of Police's denial of a permit to the City Manager by filing a written appeal with the City Manager within ten (10) days of the denial. The appeal filing shall be made in person at City Hall during regular business hours or by overnight mail (deposited, in the case of overnight mail, within the 10-day period). Such an appeal filing must set forth the specific grounds for appeal. If the applicant files a timely request for a hearing, the City Manager shall, within ten (10) business days, set a time and place for hearing (with notice to the applicant by overnight mail), such hearing to be initiated within thirty (30) days of the date of the request for appeal and fully concluded within forty-five (45) days of the date of the request for appeal. The decision of the City Manager concerning the application shall be in writing and shall be delivered to the applicant via overnight mail within thirty (30) days of the conclusion of the hearing, to the physical address specified by the applicant. Notice shall be concurrently delivered to the City Attorney. The decision of the City Manager is final ten (10) days after the date of the written notice of the decision, unless an appeal is made of the decision. E. The applicant may appeal the City Manager s decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) business days from the date of the City Manager s written determination. The notice and hearing procedures before the City Council are the same as those in Subsection D -10-

11 above. The Council may continue the hearing from time to time for good cause. The decision of the City Council is final. F. Call for review. Any decision of the Chief of Police pursuant to this Section may be called up for review by the City Manager. Any decision of the Chief of Police or City Manager may be called up for review by a member of the City Council. A call for review must be submitted in writing in the same time and manner as for an appeal Annual Report Required On the annual anniversary of the effective date of their permit, each permittee shall submit to the Chief of Police a report describing their conformance with the provisions of this Chapter during the previous year. In addition to the annual report, each permittee and each person who is engaged in the business of firearm sales by or on behalf of the permittee in the City, shall submit a renewed or current Certificate of Eligibility from the California Department of Justice Revocation of Permit. A. In addition to a violation of any provision contained in this Chapter, the following circumstances constitute grounds for revocation of the permit: 1) circumstances constituting grounds for denial of a permit; 2) failure to maintain of a policy of insurance required by Section (4) of this Chapter; 3) failure of a permittee to comply with the requirements of Section (6) of this Chapter. B. The Chief of Police shall give the applicant written notice of his or her decision to revoke the permit. The notice shall be delivered by overnight mail to the permittee s address of record with the City and shall set forth the ground(s) for the decision. The notice shall also inform the applicant that he or she has ten (10) days from the date the notice was mailed within which to file a written request for a hearing with the Chief of Police. The hearing and appeal process relating to revocations shall be as set forth in Section Conditions of Approval for a Permit. In addition to the other requirements and conditions of this Chapter, a permit is subject to the following conditions, the breach of any of which is sufficient cause for denial or revocation of a permit: (1) The permittee shall comply with all applicable provisions of the Penal Code including, but not limited to, 16400, 26805, 26810, 26815, 26820, 26825, 26830, 26835, 26840, , 26885, 27505, 27510, ; -11-

12 (2) The applicant shall not permit any person under 18 years of age to enter or remain within the area of the premises where the firearms sales activity is the primary business performed without being accompanied by a parent or other adult legally responsible for the minor; (3) The permittee shall provide notice to the purchaser with the delivery of the firearm a written warning in block letters in not less than 14-point font, as follows: "IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT, YOU MAY BE FINED OR SENT TO PRISON." (4) The permittee shall maintain at all times while engaged in the business of firearms sales in the City, of a policy of insurance in a form approved by the City, providing the following: (a) the applicant and permittee is insured for all activities of the permittee 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, such policy(ies) containing an endorsement naming the City and its officers, employees and agents as additional insureds; (b) minimum liability limits of not be less than $1,000,000 for each occurrence (including each incident of damage to property or incident of injury or death to a person); (c) an endorsement providing that the policy shall not be canceled until notice in writing has been given to the City Manager and Chief of Police at least thirty (30) days before the time the cancellation becomes effective. (5) The permittee shall re-apply for a permit from the City if there is a change in business location. (6) The permittee shall maintain records of all employees selling firearms, identifying them by name, address, date of birth and social security number. The applicant shall notify the City within ten (10) days of any changes in employees and submit the required identification information for each newly hired or reassigned employee. (7) The permittee shall at all times comply with all of the requirements of the City's Municipal Code. (8) The permittee must obtain a final inspection from the City demonstrating compliance with the Municipal Code, including the provisions of this Chapter, before the applicant may commence firearm sales at the premises. (9) Storage of inventory which is explosive or flammable at the proposed business site shall be in compliance with federal, state and local laws. (10) Permittee shall keep or store all firearms in the permitted premises in accordance with the provisions of Part 6, Title 4 of the California Penal Code, and, using one of the following methods as to each particular firearm: (a) Store the firearm in a secure facility that is a part of, or that constitutes, the licensee's business premises. -12-

13 (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. (c) Store the firearm in a locked fireproof safe or vault in the permittee s business premises. (11) Permittee must comply with all applicable provisions of California Penal Code Part 6, Title 4 and regulations promulgated by the state, as well as all applicable federal laws and regulations, relating to the following: (a) the sale, lease, or transfer of firearms; (b) recordkeeping, background checks, and fees relating to sale, lease, or transfer of firearms; and (c) the sale, supply, delivery or giving of ammunition. (12) Permittee shall install and maintain in working order an alarm system monitored by a central station listed by Underwriters Laboratories, Inc. and covered by an active Underwriters Laboratories, Inc. alarm system certificate providing complete protection for all accessible openings and partial motion and sound detection at certain other areas of the premises (also known as a system with a #3 extent of protection). (13) Permittee shall install a video surveillance system that meets the following requirements: (a) the system includes cameras, monitors, digital video recorders and cabling, if necessary; (b) the number and location of the cameras are subject to the approval of the Chief of Police. At a minimum, the cameras shall be sufficient in number and location to monitor the critical areas of the business premises, including, but not limited to, all places where firearms or ammunition are stored, handled, sold transferred, or carried, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking lots. The video surveillance system shall operate continuously, without interruption, whenever the location is open for business. Whenever the location is not open for business, the system shall be triggered by a motion detector. Whenever motion is detected, the system shall begin recording immediately; (c) The sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible; (d) The stored images shall be maintained on the business premises of the permittee for a period of not less than one year from the date of recordation and shall be available for inspection by federal, state or local law enforcement upon request; -13-

14 (e) The video surveillance system shall be maintained in proper working order at all times. The permittee shall inspect the system on a regular basis to ensure that it is operational as required by the provisions of this Section; (f) The permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED. (14) Any applicant for a permit and each permittee expressly consents and grants to any investigation officials of the City the right to enter the premises for which the permit was obtained, without a warrant, from time to time during regular business hours to make reasonable inspections, to observe and enforce compliance with all applicable federal, state and local laws, including the provisions of this Chapter. (15) Each permittee shall comply with all laws regulating the sale of ammunition, including Penal Code et seq., et seq., and et seq. (16) All entities engaged in the business of firearms sales in the City shall comply with the provisions of the California Penal Code related to purchase, sale and possession of firearms by persons under the age of Reserved Permits Not Assignable. A permit issued under this Chapter is not assignable. The assignment or attempt to assign any permit issued pursuant to this Chapter is unlawful; and any such assignment or attempt to assign shall render the permit null and void. Any new owner of a permitted firearm sales business is required to apply for a new permit pursuant to the provisions of this Chapter Compliance by Existing Firearms Sellers. An entity engaged in the business of firearm sales on the effective date of this Chapter shall, by November 1, 2014, comply with the provisions of this Chapter, except that Section (A)(4) shall be inapplicable to an entity engaged in the business of firearm sales in the City and who has all valid permits and licenses required by the City, and by state and federal law as of July 1, Any such entity may continue firearms sales pursuant to any valid permits and licenses so long as the operator remains fully licensed by all agencies listed here and has not sold, transferred or assigned operation of the business after July 1, 2013 to any other entity. If any such licenses or permits are revoked, the provisions of this Section are inapplicable and a new permit shall be required through a new application to which Section (A)(4) shall apply. An entity engaged in the business of firearm sales pursuant to a home occupancy permit in effect as of July 1, 2013 shall remain exempt as set forth in -14-

15 this Section (except as to ammunition sales) if the home occupancy use is limited solely to those activities that were both permitted by terms of the permit issued before July 1, 2013 and legally engaged in by the business or person at the home-based location before June 1, Authority to Inspect. Any investigation officials of the City shall have the right, without warrant, to enter the premises for which the use permit was obtained from time to time to make reasonable inspections to observe compliance with this Chapter. If the Chief Building Official, Chief of Police, Code Enforcement Officer or City Manager receive complaints or reports of observed activity that cause them to reasonably believe that the applicant is not in full compliance with this Chapter, the City shall promptly investigate the facts and report the same to the Chief of Police and the City Council. After investigation, the Chief of Police may commence proceedings to revoke the permit if ground(s) exist. The Chief of Police shall inform the City Manager and City Council in writing if a permit is revoked Violations. It is unlawful for any entity to engage in the business of firearm sales in the City without valid federal and state licenses, and local permits required by this Chapter Reserved Discharging prohibited. No person may fire or discharge a firearm, gun, rifle, spring gun, air gun, air rifle, BB gun, pellet gun, sling shot, or other gun or device which throws or projects bullets or missiles of any kind by means of elastic force, air, or any explosive substance. -15-

16 Reserved Exceptions. The provisions of Section do not apply to the following: A. Police, peace officers or person in the military service in the discharge of his or her duty using reasonable care; B. A person using firearms in necessary self-defense of his or her person or property as provided by law; C. The possession, discharge, or firing of a firearm at a shooting gallery Rules and regulations. The Chief of Police is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this Chapter. All such rules and regulations shall be consistent with the provisions of this Chapter Severability clause. If any section, subsection, sentence or clause of this Chapter is for any reason declared unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the constitutionality, validity or enforceability of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have adopted this Chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more of its sections, subsections, sentences or clauses. SECTION 2. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance, with the names of the City Council members voting for and against it, shall, within fifteen (15) days after passage, be posted in the four places designated by resolution of the City Council. INTRODUCED at a regular meeting of the City Council of the City of Pleasant Hill on the 21st day of October, 2013, and -16-

17 PASSED AND ADOPTED this day of, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MICHAEL G. HARRIS, O.D., MAYOR ATTEST: KIMBERLY LEHMKUHL, CITY CLERK APPROVED AS TO FORM: JANET E. COLESON, CITY ATTORNEY -17-