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HomeMy WebLinkAboutTC Ord 1966-04-11 (3) ORDINANCE NO. 53 AN ORDINANCE OF THE CITY OF TIBURON PROHIBITING THE USE AND CARRYING OF FIREARMS WITHIN THE CITY OF TIBURON The City Council of the City of Tiburon does ordain as follows: Section 1. FIREARM DEFINED. The tenn "firearm" sha II mean any gun, pistol, revolver, r~tl~, automatic pistol or rifle, shotgun or any other weapon of a similar nature. The term "firearm" shall not mean "air rifle," "B-B gun,""air pistol," or "air gun", or similar in- strument from or by which any bullet, shot, B-B, or similar missile may be projected. Section 2. No person shall discharge any firearm within the City of Tiburon. Section 3. TRESPASS WITH FIREARM. No person shall possess any firearm on or upon any lands belong~ng to or occupied by another un- less he has in his possession the written permission of the owner of said lands or his agent or person in lawful possession thereof. Section 4. EXCEPTIONS. The provisions of this ordinance shall not apply to: a) Any peace officer or persons summoned by peace officers to assist in n~king an arrest or in preserving the peace, or to any person who is a member of the armed services of the United States, the National Guard, or the State Guard, or to any person employed by the County, State, or by the United States to destroy predatory ani- mals, birds, or pests, while such persons are acting in a lawful dis- charge of their duties. b) Guards or messengers of common carriers, banks and other financial institutions while actually eQployed in and about the ship- ment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value. c) Members of any bona fide club or organization organized for the principal purpose of practicing shooting at targets upon es- tablished target ranges, while such members are using any firearm upon such target ranges, or while going to or coming from such ranges. Nothing herein shall be deemed to authorize the use of any property in the City as a target range without the specific approval of the City Council. d) Licensed hunters while going to or returning from a hunting expedition~. Section 5. PENALTY. Any person violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in the sum of Five Hundred Dollars ($500.00) or impr~sonment in the County Jail for a period of six (6) months or both such fine and imprisonment. Section 6. SEPARABILITY. If any section, subsection, sentence, clause or phrase of this ord~nance is for any reason held to be inva- lid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the re- maining portions of the ordinance. The City Council of the City of Tiburon, State of California, hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more other sections, subsections, clauses or phrases be declared invalid or unconstitutional. 1. 3/22/66 Section 7. NUISANCE DECU'l.RED - CONFISCATION. Any firearm dis- charged or possessed 1n v101at10n of th1s ordinance shall be deemed a public nuisance and shall be surrendered imnediately to the Chief of Police. Annually, the Chief of Police shall destroy or cause to be destroyed such firearms unless the City Council shall by resolu- tion provide for the disposal of such firearms in Some other lawful manner. Section 8. EFFECTIVE "DATE. This ordinance is to take effect and be in torce at the exp1rat10n of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on 11 April , 1966, by the follow- ing vote: AYES : NOES : Councilmen: ELLINWOOD, HANNAHS, HOFFMIRE, PARNELL, STRAWBRIDGE Councilmen: NONE ABSENT: Coun c i !men: NONE 4~ r.J, ~ GORDON W. STRAWBRIDG Mayor of the City of Ti uron ATTEST: (\/) "~" I~ ~EN~," CJ.ty 3/23/66 Clerk 3.