RES 98019 - Laserfiche WebLink

Ordinance No. 1719 Page Ten 6.64.200 Appeal of Classification. A. If it is determined that the firearm under reconsideration has been properly classified as a Saturday Night Special, then the applicant(s) shall have the right to appeal such decision to the City Manager, and the applicant(s) shall have the right to a heating before the City Manager or the City Manager's designee prior to inclusion of the firearm in question on the Roster. The City Manager may rely on persons with expertise and knowledge in conducting this hearing. B. The City Manager, or the City Manager's designee, is authorized to establish standards and procedures for the form and content of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision to classify the firearm in question as a Saturday Night Special as defined in Section 6.64.160 of this Chapter. C. The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a Saturday Night Special within the meaning of Section 6.64.160 of this Chapter. D. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel. E. The City Manager or the City Manager's designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the City Manager or the City Manager's designee shall, based on the evidence presented, determine whether the firearm constitutes a Saturday Night Special within the meaning of Section 6.64.160 of this Chapter. F. In all instances, the decision of the City Manager or the City Manager's designee whether to classify the firearm in question as a Saturday Night Special as defined in the Section 6.64.160 of this Chapter and to place said firearm on the Roster is final.