HomeMy WebLinkAboutCC ORD 1988-1938 Adds Ch. 10.08, replica or facsimile firearms (10.08)ORDINANCE NO. 1938
AN ORDINANCE OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 10.08 TO THE NATIONAL CITY MUNICIPAL CODE,
RELATING TO REPLICA OR FACSIMILE FIREARMS
BE IT ORDAINED by the City Council of the City of National City
that Chapter 10.08 is added to the National City Municipal Code, to read as
follows:
II. OFFENSES AGAINST THE PERSON
Chapter 10.08
REPLICA OR FACSIMILE FIREARMS
Sections:
10.08.010 Replica or facsimile firearms -- Brandishing prohibited.
10.08.020 Brandishing of replica or facsimile firearms in presence
of certain officers.
10.08.030 Definitions.
10.08.040 Violation - misdemeanor.
10.08.010 Replica or facsimile firearms -- Brandishing prohibited.
Except in self-defense, no person shall draw or exhibit a replica or
facsimile of a firearm, or simulate a firearm in a rude, angry, or
threatening manner, which produces or attempts to produce bodily injury,
fear, or the reasonable apprehension of bodily injury or fear in another
person.
10.08.020 Brandishing of replica or facsimile firearms in presence
of certain officers. No person shall draw or exhibit a replica or facsimile
of a firearm, or simulate a firearm in a rude, angry, or threatening manner,
in the presence of a peace officer, firefighter, emergency medical
technician, or paramedic engaged in the performance of his or her duties,
and that person knows or has reason to know that such peace officer,
fireghter, emergency medical technician, or paramedic is engaged in the
performance of his or her duties.
Section 10.08.030. Definitions. As used in this chapter:
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 shot gun, 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 percieved to be a real firearm.
Section 10.08.040. Violation -- misdemeanor.
Violation of this Chapter shall be a misdemeanor, and shall be
punishable by a fine not to exceed One Thousand (1,000.00) Dollars and
imprisonment for a period not to exceed one year or by both such fine and
imprisonment.
PASSED and ADOPTED this Z 3 day of 7r
1988.
A'riEST:
Ion Campbell, City Clerk
APPROVED AS TO FORM:
te,)L,
George H. Eiser, III -City Attorney
dg&tg-''lrArA4-/L) iteig)
orge H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California,
on 2-23-88 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Cooper a Dalla , Pruitt, VanDeventer
Wat ers
None
None
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on 2-16-88
and on 2-23-88
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. -1938 of the City of National City, passed
and adopted by the Council of said City on p-23-88
(Seal)
City Clerk of the City of National City, California
By:
Deputy