1999 MAY - Laserfiche WebLink

6.64.180 6.64.180 Notification: The City shall endeavor to send written notification to: a) the manufacturer of every firearm on said roster; and b) every dealer within the City who is licensed to sell and transfer firearms pursuant to section 12071 of the Penal Code of the State of California and this Chapter. Such notification shall do the following: A. Identify the model number of the firearm that has been classified as a "Sat- urday night special" within the meaning of Section 6.64.160 of this Article; B. Advise the recipient that the recipi- ent may apply for reconsideration of the classification of the firearm as a Saturday night special; and C. Advise the recipient that the burden of proving a firearm does not constitute a "Saturday night special" within the mean- ing of Section 6.64.160 of this Article shall be on the recipient. (Ord. 1719 § 1, 1998) 6.64.190 Reconsideration: A. The City shall, prior to the effective date hereof, establish standards and proce- dures for the form and content of an application, conducting an administrative hearing and evaluating evidentiary testi- mony relating to the decision to classify the firearm in question as a "Saturday night special" as defined in Section 6.64.160 of this Article. B. Upon timely filing of one or more complete applications for reconsideration, the City shall evaluate the evidence sub- mitted by the applicant(s). The City may rely on persons with expertise and know- ledge in making this evaluation. The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a "Saturday night special" with- in the meaning of Section 6.64.160 of this Article. (Ord. 1719 § 1, 1998) 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 hearing before the City Manager or the City Manager's designee prior to inclu- sion 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 deci- sion to classify the firearm in question as a "Saturday night special" as defined in Section 6.64.160 of this Article. C. The burden of proof shall be on the appellant(s) to demonstrate that the fire- arm does not constitute a "Saturday night special" within the meaning of Section 6.64.160 of this Article. 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 consid- er all relevant evidence. Upon the con- clusion of the hearing, the City Manager or the City Manager's designee shall, 192-81 (Pleasanton 5-99)