Municipal Code - 2022-01 - Supplement_PDF Supplement_PLE-2022-01-supp-27

10.12.010 (Pleasanton Supp. No. 27, 1-22) 290 Chapter 10.12 WEAPONS Sections: Article I Discharge of Weapons 10.12.010 Discharge within city limits. 10.12.020 Impounding of weapons. 10.12.030 Permit to discharge weapon. Article II Safe Storage of Firearms in Residences 10.12.040 Definitions. 10.12.050 Prohibitions. 10.12.060 Exceptions. 10.12.010 Discharge within city limits. No person in the city, except in self-defense, shall discharge or cause or allow the discharge of any rifle, shotgun, pistol, revolver, or any other firearms, or any airgun, BB guns, gas gun, or any other weapon which emits a projectile as a result of pressure at the breech, unless said person has first obtained permission in writ- ing from the chief of police. Any firing or discharge shall then be in strict compliance with said written per- mission. This section does not apply to any duly author- ized peace officer in the discharge of his or her official duties. (Prior code § 4-4.32) 10.12.020 Impounding of weapons. Any weapon used in violation of Section 10.12.010 of this chapter is declared to be a nuisance, and the same shall be taken from the person violating that Section and surrendered to the chief of police of the city. The chief of police shall report the possession of the same to the city council on June 1st of each year. The city council may order any of such weapons dis- posed of as provided for by Section 12028 of the Penal Code of the state, or may order any such weapons to be sold at public auction by city employees designated, and after such notice as the city council may direct to be given. Proceeds therefrom shall be deposited in the gen- eral fund of the city. (Prior code § 4-4.33) 10.12.030 Permit to discharge weapon. A. In considering application for permission to discharge a firearm or firearms within the city, the chief of police shall consider the following factors and guide- lines: 1. The location of the proposed activity and whether or not discharging firearms at such location would place at risk nearby human safety or property. In general, permission in residential areas will not be granted; 2. The time of day and day(s) of the week of the proposed activity; 3. The type(s) of firearms proposed to be dis- charged, their noise levels, discharge characteristics, etc.; 4. The nature of any event, such as a public display or exhibition, accompanying the proposed dis- charge of firearms; 5. Prior to the issuance of any permit the chief of police shall confer with such other city staff members as he or she may feel have an interest in the issuance of any firearm discharge permit and shall notify the permit- tee upon the granting of any such permit. B. The chief of police may attach restrictions, conditions and requirements on any firearm discharge permit derived through the application of these guide- lines. (Ord. 1222 § 17, 1985; prior code § 4-4.34) 10.12.040 Definitions. The following definitions apply to this article: A. “Firearm” means a firearm as defined in California Penal Code, Section 16520. B. “Locked container” means a locked con- tainer as defined in California Penal Code, Section 16850, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. C. “Residence” means any structure intended or used for human habitation, including, but not limited to, houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single room occupancy units (SROs), time shares, mobile homes, and recreational and other vehicles where human habitations occurs. D. “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code, Section 23635. (Ord. 2227 § 1, 2021) 10.12.050 Prohibitions. No person shall keep a firearm within any resi- dence unless the firearm is stored in a locked container or disabled with a trigger lock. (Ord. 2227 § 1, 2021)