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HomeMy WebLinkAbout41-City Attorney CiT90F SAN BERNARDItQ - REQUEQ FOR COUNCIL Ae'lQN From: James F. Penman, City Attorney Subject: Prohibition of the sale and brandishing of replica or facsimile firearms '~ Dept: City Attorney De~: June 16, 1988 Synopsis of Previous Council ection: At the meeting of the Mayor and Common Council held June 6, 1988, legislation relative to the prohibition of sale of firearms was continued to June 20, 1988. - Recommended motion: That further reading of said ordinance be waived and said ordinance laid over for final passage. f- r/#.~~ Signature Contact person: James F. Penman Phone: 5255 1-7 Supporting deta attached:. Yes Werd: FUNDING REQUIREMENTS: Amount: Source: (Acct. No,) (Acct, DescriDtion) Finence: Council Notes: 75.0262 Agenda I tem No 11 '0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 o o o ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.90 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROHIBITION OF THE SALE AND BRANDISHING OF REPLICA OR FACSIMILE FIREARMS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.90 Section 8.90.010 is added to the San Bernardino Municipal Code to read as follows: "Chapter 8.90 Sale and Brandishing of Replica or Facsimile Firearms 8.90. 010 Prohibition of Sale. No person shall display, market for sale, or sell any replica or facsimile of a firearm in the City of San Bernardino. The provisions of this subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm. 8.90.020 Brandishing. Except in self defense, no person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry, or threatening 20 manner, with the intent to frighten, vex, harrass, or annoy any 21 other person. 22 8.90.030 Brandishing a replica firearm in the presence of 23 a public safety officer. No person shall draw, exhibit, or 24 brandish a replica or facsimile of a firearm or simulatli! a 25 firearm in the presence of a peace officer, fire fighter, 26 27 28 emergency medical technician, or paramedic engaged in the . performance of his/her duties, and the person committing such 6-13-88 OAB:cm 1 . o' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o brandishing knows or has reason to know that such police officer, fire fighter, emergency medical technician, or paramedic is engaged in the performance of his/her duties. 8.90.040 Definitions. A. 'Firearm' shall have the same meaning as the term 'firearm' under the Dangerous Weapons Control Law of the state of California. B. 'Replica or facsimile of a firearm' shall mean any device or object made of plastic, wood, metal, or any other material which is a replica, facsimile, or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed off shotgun, rifle, machine gun, rocket launcher, or any other firearm. As used in this section, 'replica or facsimile of a firearm' shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonably be perceived to be a real firearm. 8.90.050 Exceptions. The provisions of this Chapter shall not apply to a replica or facsimile of a firearm which is solely for lawful use in theatrical productions, including motion pictures, television and stage productions." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council o~ the City of San Bernardino at a meeting thereof, held on the day of , 1988, by the following vote, to wit: 6-13-88 DAB:cm 2 o' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. o o o 1 2 3 4 Council Members AYES: NAYS: 5 ABSENT: 6 7 City Clerk 8 9 of The foregoing ordinance is hereby approved this day , 1988. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: ~s~ Ci Attor 6-13-88 DAB:cm 3