HomeMy WebLinkAboutApprove for introduction Ordinance No. 4048 amending ChapterJ .V
Dept. ID Administration Page 1 of 2
Meeting Date: 3/16/2015
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CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 3/16/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ken Domer, Assistant City Manager
SUBJECT: Approve for introduction Ordinance No. 4048 amending Chapter 9.76 of the
Huntinaton Beach Municipal Code relatina to discharqinq weapons
Statement of Issue
Huntington Beach Municipal Code Chapter 9.76 regulates the discharging of weapons within the
City limits. After a procedural review, the Chapter is proposed to be amended and updated to
reflect current standing and practice as approved by the Police Department and the City Attorney's
Office.
Financial Impact:
None.
Recommended Action:
Approve for introduction Ordinance No. 4048, "An Ordinance of the City of Huntington Beach
Amending Chapter 9.76 of the Huntington Beach Municipal Code Relating to Discharging
Weapons."
Alternative Action(s):
Do not amend Chapter 9.76 or provide additional direction and/or amendments to incorporate into
the First Reading.
Analysis:
Huntington Beach Municipal Code Chapter 9.76 regulates the discharging of weapons within the
City limits. As currently codified, the Section 9.76.10 reads:
"It is unlawful for any person, or persons, other than a police officer acting in his or her official line of duty, to
shoot, fire or discharge or for any person, firm or corporation to cause or permit to be shot, fired or discharged
within the corporate limits of the City any rifle, shotgun, pistol, revolver or other firearm, or any air gun, air
pistol, or air rifle, or any other weapon which emits a projectile as a result of pressure exerted at the breach,
with the following exceptions:
A. When it may be necessary to do so to protect life or property;
B. The use of the Huntington Beach police range as authorized and supervised by the Huntington Beach
Police Department;
C. Any police training exercise that has received the prior authorization of the Police Chief,- or
D. Firearm exhibitions, competitions or similar special events which have first received a permit in writing for
such purposes issued by the Police Chief."
HB -571 - Item 18. - 1
Dept. ID Administration Page 2 of 2
Meeting Date: 3/16/2015
As a result of reviewing the City's current Municipal Code, among other items within Chapter 9.76, it
was determined that the use of air guns discharging paintballs is a prohibited activity as strictly
interpreted under the current code. The use of facilities or the beach for limited duration special
events, such as the Surf City Paintball Open, is allowed under subsection D., based on receiving a
permit issued by the Police Chief. However, any recreational facility offering paintball, even if such
a facility receives entitlement through the City's Planning process (including approval by the
Planning Commission), does not qualify as a special event and therefore would not be exempted
from the current code prohibitions. Additionally, it was noted that the Huntington Beach police range
ceased to exist many years ago and therefore that specific subsection was also marked for update.
Accordingly, City Staff, working with the City Attorney's Office and the Chief of Police, met to review
the current code and to draft amendments. Subsection B. is amended to delete reference to the
former Huntington Beach police range and, instead, provide an exception for "Businesses with a
permitted land use entitlement and written approval by the Police Chief." This amendment would
therefore allow for the use of a property that has submitted a qualified land use application and
received entitlements through the City's land use and zoning approval process. Additionally, the
Police Chief will need to provide written approval of the proposed use. The entitlement process
ensures the proposed use is compatible with the land use and zoning designation; has the
appropriate discretionary review; and is found to be acceptable to the Police Chief. Conditions of
approval placed on the business during the entitlement process would regulate the use of paintball
guns.
Subsection C. is amended to read, "Any pel+se training exercise that has received the prior
authorization of the Police Chief."
Finally, subsection E. is added to exempt children's toys which may "emit a projectile as a result of
pressure exerted at the breach," but are deemed not to be weapons. This exception maintains the
Police Department's discretion in the field for ensuring public protection, but otherwise updates the
current code.
Environmental Status:
This amendment is exempt from environmental review under CEQA, pursuant to Section
15061(b)(3), Review for Exemptions — General Rule, in that it can be seen with certainty that there
is no possibility for this action to have a significant effect on the environment.
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Ordinance No. 4048, "An Ordinance of the City of Huntington Beach Amending Chapter
9.76 of the Huntington Beach Municipal Code Relating to Discharging Weapons"
2. Legislative Draft, HBMC Chapter 9.76
Item 18. - 2 HB -572-
ORDINANCE NO. 4 0 4 8
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.76 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO DISCHARGING WEAPONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 9.76.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.76.010 Prohibited
It is unlawful for any person, or persons, other than a police officer acting in his or her official
line of duty, to, or cause to, shoot, fire or discharge within the City any rifle, shotgun, pistol,
revolver or other firearm, or any air gun, air pistol, or air rifle, or any other weapon which emits
a projectile that may cause bodily harm, with the following exceptions:
A. When it may be necessary to do so to protect life or property;
B. Businesses with a permitted land use entitlement and written approval from the Police
Chief,
C. Any training exercise that has received the prior authorization of the Police Chief;
D. Firearm exhibitions, competitions or similar special events which have first received a
permit issued by the Police Chief, or
E. Children's toys.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6 t h day of April , 2015.
M aTA r
ATTEST:
Q
ity Clerk
REVIE ND APPROVED:
71 i Manager
APPROVED ORM:
City Attorney
INITIA,TED AND APPR ED:
Police Chief
14-4513/115667.doc
Ord. No. 4048
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on March 16, 2015, and was again read to said City Council at a
Regular meeting thereof held on April 6, 2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I, Joan L. Flynn, CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council, do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Wave on
April 16, 2015.
In accordance with the City Charter of said City
Joan L. Fl n,Ci Clerk
Senior Deputy Qi1y Clerk
Ordinance No. 4048
LEGISLATIVE DRAFT
HBMC Chapter 9.76
9.76.010 Prohibited
It is unlawful for any person, or persons, other than a police officer acting in his or her official
line of duty, to shoot, fire or discharge or for any person, firm or corporation to cause or permit to
be shot, fired or discharged within the corporate limits of the City any rifle, shotgun, pistol,
revolver or other firearm, or any air gun, air pistol, or air rifle, or any other weapon which emits a
projectile that may cause bodily harm as a result of pressure exerted at the breach, with the
following exceptions:
A. When it may be necessary to do so to protect life or property;
B.
Businesses with a permitted land use entitlement and
written approval by the Police Chief;
C. Any police training exercise that has received the prior authorization of the Police Chief;
er
D. Firearm exhibitions, competitions or similar special events which have first received a
permit in writing for such purposes issued by the Police Chief -.;.or
E. Children's toys.
14-4513/115669