HomeMy WebLinkAboutOrdinance for Adopt #1 10-07-87 · ,, _, . NO.'i
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DATE: SEPTENBER 28, 1987
TO: WILLIAM A HUSTON, CITY MANAGER
FROM: POLICE DEPARTMENT
SUBJECT: EMERGENCY OROINANCE - BRANOISHING'OF REPLICA FIREARMS
Recommendation:
That Council adopt the proposed emergency ordinance regarding the
brandishing or threatening display of replica firearms.
Background:
There have been numerous incidents regarding the brandishment or
threatening display of replica firearms throughout the state and
county. To address this issue, Assembly Bill 295 was passed and
takes effect on January l, 1988. Several local governments,
including the County of Orange, have passed emergency ordinances
in the interim.
The attached proposed emergency ordinance is similar'to the County
of Orange's ordinance. It presents an interim enforcement tool
for 'officers confronted by such situations prior to January l,
1988~
C: R. THAY~XR
Chief of ~olice
CRT: dh
1 ORDINANCB NO. 994
2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADDING SEC-
3 TION 6202 TO CHAPTER 2 0F ARTICLE 6 OF THE
TUSTIN CITY CODE REGARDING THE BRANDISHING OR
4 THREATENING DISPLAY OF REPLICA FIREAt~S
5
6 The City Council of the City of Tustin, California, does
ordain.as follows:
?
Section 1: Section 6202 is added to Chapter 2 of Article
8 6 of the Tustin City Code to read as follows:
9 "6202 THREATS WITH REPLICA FIREARMS
10 (a) Definition. The term replica firearm
shall include any device or object made of
11 plastic, wood, metal or any other material
which has the appearance of a pistol, re-
12 volver, shotgun, sawed-off shotgun, rifle,
machine gun, rocket launcher, or any other
13 firearm as that term is used under the provi-
sions of Sections 12001, 12001.5, 12020 (d)
14 (10), and 12570 of the State Penal Code suf-
ficient to lead a reasonable person to be-
15 lieve that it is an actual operable firearm.
The meaning of the term firearm shall be the
16 same as the meaning of that term under the
State Dangerous Weapons Control laws and
17 shall include air rifles, pellet guns or BB
. guns.
18
(b) Every person who, except in the defense
19 of him or herself, of property or of others,
draws, exhibits or brandishes a replica fire-
20 arm in a rude, angry or threatening manner,
and causes another to reasonably feel
21 threatened thereby, is guilty of a mis-
demeanor."
Section 2: There has been a recent sudden increase in
23 the use of replica firearms to frighten and intimidate the people
of this City on streets, freeways and other private and public
24 property. Immediate steps must be taken to prevent the escalation
of violent acts resulting therefrom. This is an urgency ordinance
25 necessary to protect the health, safety and general welfare.
26 Section 3: This Ordinance shal be in full force and
effect upon its passage and, before the expiration of fifteen (15)
27 days after the passage thereof, shall be published once in The
Tustin News, a newspaper published in the City of Tustin, together
28 with the names of the members of the City Council voting for or
1 against the same.
2 PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on day of
3 , 1987.
4
5 May o r
6
ATTEST:
?
8
City Clerk
9
SDA:cj :D: 09/30/87 (C290)
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