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HomeMy WebLinkAboutOrdinance 2609 - Firearm DischargeORDINANCE NO. 2609 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 10 (PUBLIC PEACE, MORALS AND WELFARE), CHAPTER 10.20 (PUBLIC PARKS - PROHIBITED ACTIVITIES), SECTION 10.20.120 (FIREARMS, AIR GUNS, OTHER WEAPONS) AND CHAPTER 10.58 (DISCHARGING FIREARMS), SECTION 10.58.010 (PROHIBITED) IN ORDER TO CLARIFY THAT THE RESTRICTIONS RELATING TO POSSESSION OF CERTAIN WEAPONS APPLIES TO PARK FACILITIES AND TO CODIFY EXCEPTIONS TO THE PROHIBITION RELATING TO DISCHARGE OF FIREARMS WITHIN THE CITY OF REDDING THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 10 (Public Peace, Morals and Welfare), Chapter 10.20 (Public Parks — Prohibited Activities), Section 10.20.120 is hereby amended to read as follows: 10.20.120 - Firearms, air guns, and other weapons. No person, other than individuals authorized by the laws of the State of California or by permit issued by competent legal authority, shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, or any other weapon potentially dangerous to wildlife or human safety at a park facility unless approved in conjunction with a city event, special event or park facilities reservation permit. Section 2. Title 10 (Public Peace, Morals and Welfare), Chapter 10.58 (Discharging Firearms), Section 10.58.010 is hereby amended to read as follows: 10.58.010 - Prohibited. It is unlawful to discharge within the city limits any pistol, firearm, airgun, musket or instrument of any kind, character or description, which throws a bullet or missile for any distance by means of the elastic force of air, or any explosive substance except in a regularly licensed shooting gallery or range or in accordance with the provisions of a permit authorized for a city event, special event or by means of a park facilities reservation permit. Notwithstanding the preceding, this Section shall not be construed as making unlawful the discharge of a firearm, as described herein, by a peace officer in the discharge of his/her duties or by any other person making lawful defense of his/her person or that of another. Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid (J or unconstitutional. Section 4. The passage of this Ordinance is not a "project" according to the definition in the California Environmental Quality Act ("CEQA"), and therefore is not subject to the provisions requiring environmental review. Pursuant to the Statutory Exemption set forth in subdivision (h) of Business and Professions Code section 26055, this Ordinance is exempt from the provisions requiring environmental review because it requires discretionary review under CEQA to approve licenses to engage in commercial cannabis activity within the jurisdictional limits of the City of Redding. Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 6th day of August, 2019, and was duly read and adopted at a regular meeting on the 20th day of August, 2019, by the following vote: AYES: COUNCIL MEMBERS: Dacquisto, McElwain, Resner, Schreder, and Winter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: FORM APPROVED: !'�� �flflkv - z- r, - �'A , t, e� PAMELA MIZE, Clerk BARRY E. eWA T, City Xttorney 2