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City Council Staff Report
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DATE: September 21, 2016 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1899
RELATING TO FIREARMS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1899.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and adopt Ordinance
No. 1899, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 11.16 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO FIREARMS."
STAFF ANALYSIS:
On September 7, 2016, Ordinance No. 1899 was introduced for first reading, as noted
below:
ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only;
and 2) Introduce on first reading Ordinance No. 1899, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 11.16 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO FIREARMS," amending the ordinance
by deleting the comma in Section 11.16.045 after the word container, appending
Section 11.16.050 with "or trunk," and removing the phrase "and each day or portion
thereof' in Section 11.16.060(a)(2).
Motion Councilmember Kors, seconded by Councilmember Roberts and carried
3-2 on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, and Mayor Moon.
NOES: Councilmember Foat and Mayor Pro Tern Mills.
ABSENT: None.
ITEM NO. I'/
ADOPTION OF ORDINANCE NO. 1899
September 21, 2016
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
ames Thompson David H. Ready,
City Clerk City Manager
/kdh
Attachments:
Ordinance No. 1899
02
ORDINANCE NO. 1899
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 11.16 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO FIREARMS.
City Attorney's Summary
This Ordinance amends the City's existing provisions of the
Palm Springs Municipal Code relating to weapons by
imposing certain requirements related to firearms including:
1) reporting to police, within 48 hours, known loss or theft of
a firearm, 2) storing firearms in residences in a locked
container or disabling them with a trigger lock when not in
the owner's immediate possession; and 3) requiring
concealed weapon licensees to safely store firearms when
left in automobiles.
SECTION 1. Chapter 11.16 of the Palm Springs Municipal Code, previously
titled, "Weapons," is amended in its entirety to read:
Chapter 11.16 Firearms
11.16.005 Definitions.
"Concealed carry licensee" means a person licensed or otherwise authorized to
carry a concealable firearm pursuant to California Penal Code Section 26150 et seq.
"Firearm" means any device, designed to be used as a weapon, from which is
expelled through a barrel, a projectile by the force of any explosion or other form of
combustion.
"Locked Container' means a secure container that is fully enclosed and locked
by a padlock, key lock, combination lock, or similar locking device as defined by
California Penal Code Section 16850. For purposes of this Chapter, it also includes a
lock box that is listed on the California Department of Justice Bureau of Firearms roster
of approved firearm safety devices. For purposes of this Chapter, it does not include a
bag or other container made of fabric or other penetrable material, such as a regular
purse, backpack, or gym bag.
"Residence" means any structure intended or used for human habitation,
including but not limited to, houses, condominiums, rooms, motels, and time-shares. For
purposes of this ordinance, it also includes a garage which is enclosed within or located
adjacent to such a structure and which is not open to the public.
03
Ordinance No. 1899
Page 2
11.16.010 Shooting Without Permit.
It is unlawful for any person except a "peace officer" as defined in Sections 830
et seq., of the Penal Code of California, as may be amended from time to time, in the
performance of duties or a person acting in self-defense or in defense of others, within
the city of Palm Springs, to discharge any cannon, firearm, air-gun, or any instrument of
any kind, character, or description which throws or projects bullets or missiles of any
kind, to any distance, by means of explosion, combustion, release of compressed air or
gas, or otherwise, without first having obtained a permit to do so granted by the Chief of
Police; or to make or use, any slingshot in any manner causing danger to or annoyance
of any person or injury to property.
11.16.020 Shooting permit—Application—Granting—Denial.
Application for such permission shall be made in writing to the Chief of Police
who shall grant such permission only if the Chief of Police determines that a substantial
public interest or a compelling private need will be served thereby, and also that the
shooting, if permitted cannot foreseeably result in any injury, disturbance, annoyance or
hazard to any person or result in any damage to property other than that of the
permittee, and further that it will in no way unnecessarily jeopardize or seriously menace
the public peace, health or safety. In any case where the Chief of Police grants a permit,
the Chief of Police may attach whatever conditions and terms as in his or her opinion
are necessary or appropriate in order to carry out the objectives stated in this Section.
No permittee exercising the privilege granted by any such permit, shall fail, refuse, or
neglect to strictly comply with all conditions and terms the Chief of Police may have
attached thereto.
11.16.030 Shooting Permit—Exemptions.
Sections 11.16.010 and 11.16.020 shall not apply to any peace officer, either
federal, state, county, or municipal, acting in line of duty, or engaged in target practice
at any range regularly established for such officers, nor to the operators or patrons of
any shooting gallery, skeet club or target range holding a permit from the city building
inspector and city business license for the conduct thereof.
11.16.040 Duty to Report Theft or Loss of Firearms.
Any person who owns or possesses a firearm (as defined in Penal Code Section
16520 or as amended) shall report the theft or loss of the firearm to the Police
Department of the City of Palm Springs within forty-eight (48) hours of the time he or
she knew or reasonably should have known that the firearm had been stolen or lost,
whenever: (1) the person resides in the city of Palm Springs; or (2) the theft or loss of
the firearm occurs in the City of Palm Springs.
04
Ordinance No. 1899
Page 3
11.16.045 Safe Storage of Firearms.
Except when carried on his or her person, or in his or her immediate control and
possession, no person shall keep a firearm (as defined in Penal Code Section 16520 or
as amended) in any residence owned or controlled by that person unless the firearm is
stored in a locked container or the firearm is disabled with a trigger lock that is listed on
the California Department of Justice's list of approved firearms safety devices.
11.16.050 Safe Storage of Firearms in an Unattended Automobile Required.
It is unlawful for persons, including those licensed or otherwise authorized to
carry a concealable firearm pursuant to California Penal Code Section 26150 et seq., to
leave a concealable firearm or ammunition in an unattended automobile within the City
of Palm Springs in a public right of way unless the firearm or ammunition is stored in a
locked container or trunk.
11.16.060 Penalties and Remedies.
(a) A violation of any provision of this Chapter shall be subject to enforcement
through criminal prosecution and/or civil remedies as provided herein.
(1) A person who violates this Chapter shall be guilty of a
misdemeanor punishable pursuant to the provisions of Section 1.01.160 of
this Code and each day or portion thereof that a person maintains and/or
continues such violation to continue shall constitute a separate and
subsequent offense as provided in Section 1.01.150 of this Code.
(2) The City may assess civil penalties in the amount of one thousand
dollars ($1,000.00) per violation that a person maintains and/or continues
such violation to continue shall constitute a separate and subsequent
offense as provided in Section 1.01.150 of this Code.
(b) Remedies under this Chapter are cumulative and not exclusive. They are
in addition to and do not supersede or limit other administrative, civil, and/or criminal
remedies provided under state or federal law, or other provisions of the Palm Springs
Municipal Code. The City may seek an order for the award of attorney's fees.
SECTION 2. In the event that any California statute adopted or referred to in this
Chapter is amended or succeeded by another enactment of the California Legislature,
such amendments shall be deemed automatically adopted as part of this Chapter as if
fully set forth herein unless the City Council amends this Chapter to provide otherwise.
SECTION 3. If any provision of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction within the State of California,
such decision shall not affect the validity of the remaining provisions. The City Council
05
Ordinance No. 1899
Page 4
declares that it would have adopted the remaining provisions irrespective of the
provisions, sections, sentences, clauses, or words declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 21ST DAY OF SEPTEMBER, 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Urgency Ordinance No. 1899 is a full, true and correct copy, and was introduced at a
regular meeting on the 7`h day of September, 2016, and adopted at a regular meeting of
the Palm Springs City Council on the 215t day of September, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
09
Cindy Berardi
From: Timothy Sigle <timsiglemaui@gmail.com>
Sent: Tuesday, September 20, 2016 5:29 PM
To: Geoff Kors; Robert Moon; Ginny Foat; Chris Mills;JR Roberts
Cc: Me Tim Sigle; CityClerk
Subject: Please watch this one minute video and Please Vote Yes on LE. SECOND READING AND
ADOPTION OF ORDINANCE NO. 1899 RELATING TO FIREARMS:
Hi Palm Springs Council and Mayor,
Before the Vote I would like the council and Mayor to watch this video on the bottom left of page in the link below.
Please see how easy a lock gun box works and unlocks with just one Finger swipe.
Remember if a robber or intruder gets to your gun before you he or she can use it on you if they get to this box only you
can open it and have the upper hand.It has 3 ways to unlock as well.
Please vote yes to pass the Gun safety laws. Ginny Foat I would be happy to buy this for you so you would be safe and
not break any new laws that may pass Wednesday night or in the future. I respect you wanting a gun for safety lets just
make sure you are safe with it around your house.
Please Vote Yes on
I.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1899 RELATING TO FIREARMS:
RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1899,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,AMENDING CHAPTER 11.16 OF THE
PALM SPRINGS MUNICIPAL CODE,RELATING TO FIREARMS."
https://www.amazon.com/dp/BOOEXQW672/ref=psde 4200861 t3 BOOIC601KA
Sentry Safe Biometric Quick Access Pistol Safe Model#QAPIBE
1 Y�r✓l �. �,
glae/ilo
Jay Thompson
From: Joanne Bruggemans
Sent: Wednesday, September 21, 2016 11:32 AM
To: Jay Thompson
Subject: FW: Comments regarding pending anti-gun ordinance
From: Dennis Williams [mailto:cfammiCalvahoo.com]
Sent: Wednesday, September 21, 2016 10:44 AM
To: Joanne Bruggemans
Subject: Comments regarding pending anti-gun ordinance
Dear Ms. Bruggemans,
I have been a resident of Palm Springs since 2006 and am a proud owner of firearms and value
greatly my second amendment rights. I am unable to attend today's public comment session of the
reading of this proposed city ordinance and wish to strongly voice my opposition to this action. I fail
to see how this proposed ordinance will have any effect whatsoever on the actions of criminal
elements of our society. This proposed ordinance is redundant to existing California law.
Fact: As a responsible gun owner, the safe-keeping of my firearms is solely at my discretion and my
responsibility. A firearm locked away in a storage cabinet inside my personal residence is not an
effective process for individual and family protection. I do not support any such ordinance that would
impede my ability to instantly react to a perceived or real threat to my family. Please stay out of
responsible gun owners private lives.
Sincerely,
Dennis Williams
760-898-4349
i
Jay Thompson
From: Joanne Bruggemans
Sent: Wednesday, September 21, 2016 11:34 AM
To: Jay Thompson
Subject: FW: Oppose
From: John Wilkey [mailto:wilkman1(cbdc.rr.coml
Sent: Wednesday, September 21, 2016 11:10 AM
To: Joanne Bruggemans
Subject: Oppose
As Citizens of Palm Springs, we ask the Council to Oppose the anti--gun ordinance
that you will be discussing today.
John @ Judy Wilkey
2427 Casitas Way
Palm Springs Ca. 92264
This email has been checked for viruses by Avast antivirus software.
www.avast.com
t
Jay Thompson
From: Joanne Bruggemans
Sent: Wednesday, September 21, 2016 10:23 AM
To: Jay Thompson
Subject: FW: Our second amendment rights: OPPOSE city council proposal
From: sunnisunps [mailto:sunnisunps@aol.com]
Sent: Wednesday, September 21, 2016 10:22 AM
To: Joanne Bruggemans
Subject: Fwd: Our second amendment rights: OPPOSE city council proposal
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: sunnisunps <sunnisunps@,aol.com>
Date: 9/21/16 10:19 AM (GMT-08:00)
To: "Joanne. bruggemans@palmsprings. ca. gov" <ioanne.brueeemansC ,palmspring.ca.gov>
Subject: Our second amendment rights: OPPOSE city council proposal
OPPOSE THIS ANTI GUN ORDINANCE. This proposal is redundant with California state law and does
nothing to address the real issue which is that of criminals that already have illegal guns. Law abiding citizens
with state-issued gun permits should not be the ones being penalized.
Sent from my Verizon, Samsung Galaxy smartphone
t
Jay Thompson
From: Joanne Bruggemans
Sent: Wednesday, September 21, 2016 10:21 AM
To: Jay Thompson
Subject: FW: Second Amendment Rights
From: Athalyn Husemann [mailto:corviscodyC.aaol.ccm]
Sent: Wednesday, September 21, 2016 10:19 AM
To: Joanne Bruggemans
Subject: Second Amendment Rights
I STRONGLY oppose the Palm Springs City Council's attempt to stifle my Constitutional right to own and bear
arms AS WRITTEN in the Second Amendment of the Constitution of the United States.
If any council member, should they even own a fire arm, care to ask an intruder to stand by while they unlock
their stored firearm and remove the trigger lock,then so be it. "Here's your sign." Go for it. Fine. Improve the
gene pool. But by god, leave my Second Amendment rights alone.
Sent from AOL Mobile Mail
Get the new AOL app: mail.mobile.aol.com
i
Jay Thompson
From: Joanne Bruggemans
Sent: Wednesday, September 21, 2016 9:54 AM
To: Jay Thompson
Subject: FW: Anti-gun ordinance
FYI
-----Original Message-----
From: lyndalS08@gmaii.com [mailto:Iynda1808@email.com]
Sent:Tuesday,September 20, 2016 4:58 PM
To:Joanne Bruggemans
Subject: Anti-gun ordinance
As a voter and resident in the city of Palm Springs, I urge you to OPPOSE the anti-gun ordinance on September 21, 20161
Thank you,
Lynda Dest
Sent from my iPad
t
Cindy Berardi
From: <azzmanOO8@outlook.com>
Sent: Tuesday, September 20, 2016 9:34 PM
To: Joanne Bruggemans
Subject: Hello
Follow Up Flag: Follow up
Flag Status: Completed
I OPPOSE the up coming Palm Springs area anti-gun ordinance.
1
Cindy Berardi
From: Michael Soubirous <msoubirous@me.com>
Sent: Wednesday, September 07, 2016 2:48 PM
To: Joanne Bruggemans
Subject: Gun Control Proposal
Follow Up Flag: Follow up
Flag Status: Completed
Thank you Ms. Bruggemans for passing my comment along to the City of Palm Springs Mayor and City Council.
Honorable Mayor and Honorable City Council:
Please abandon your proposal for city-specific gun control ordinances.
State law provides sufficient safeguards-simply enforce them.
Please consider using your power and political leverage as a city council to encourage our Governor and state legislature
to provide funding for our penal system.AB 109 has been disastrous to our state's overall livability and personal
security.
Thank you!
Sincerely,
Michael Soubirous
Riverside County resident
t
Cindy Berardi
From: russell cordell <cordell_r@msn.com>
Sent: Tuesday, September 20, 2016 5:57 PM
To: Joanne Bruggemans
Subject: Anti gun ordinance
Follow Up Flag: Follow up
Flag Status: Completed
Please forward my response to the city council members, voicing my opposition to the proposed ordinance to
lost, stolen and storage of firearms. We have never had any firearm problems in my 40 years as a resident of
Palm Springs area and this does not consider the needs of the citizens.
Thank You
Russell Cordell
Palm Springs,CA
t
Cindy Berardi
From: Joe Corbett <joecorbett@earthlink.net>
Sent: Wednesday, September 21, 2016 1:18 PM
To: Joanne Bruggemans
Subject: Anti-gun Ordinance
I OPPOSE the anti-gun ordinance you are considering. Where do these 2nd Amendment destroying people come from ?
Why did you change your phone number? Were you getting too many calls opposing the ordinance ? !!!
Joe Corbett
Palm springs Resident
1
Cindy Berardi
From: Rod Steel <redlinecalamaridrz@gmail.com>
Sent: Friday, September 16, 2016 1:56 PM
Cc: Joanne Bruggemans; Robert Moon; Geoff Kors; 1R Roberts
Subject: OPPOSE Gun Control Ordinance
Follow Up Flag: Flag for follow up
Flag Status: Completed
I am an active, registered voter and I strongly OPPOSE the proposed gun control ordinance amending Chapter
11.16 of the Palm Springs Municipal Code as related to firearms. Please OPPOSE this ordinance.
There are numerous problems with the proposed ordinance that put the city and our citizens at risk. The
ordinance conflicts with state law and is invalid. The ordinance will not reduce or prevent crime. A similarly
flawed ordinance has failed miserably in San Francisco and resulted in violent crime that is twice the national
average. I urge you to strongly oppose this gun control ordinance.
Thank you
r
Cindy Berardi
From: robert katsock <rkatsockl@gmail.com>
Sent: Wednesday, September 21, 2016 12:05 PM
To: Joanne Bruggemans
Subject: I oppose the proposed gun control ordinance
I am in opposition to any 2nd amendment infringement such as the gun control ordinance being proposed by the
NRA notice that I have received concerning Palm Springs ordinance to be read at Sept. 21, 2016 after 6 pm.
Concealed carry permit holders, police officers, FBI or other federal officers should not be so
restricted. Additionally, weapons not in control of the owner, although should not be loaded, should not have
a law concerning this matter. Safety does dictate that while transporting a weapon it should not be loaded but
having a law concerning this matter would possibly only indulge officers to possibly violate property search and
seizure laws wherein personal property could be taken when found in violation of this law. If the city council is
trying to limit gun related violent crimes it should be noted that most often it is the criminal that is shot dead at
which time criminal prosecution costs are extremely reduced.
Having a weapon locked or safely stored is up to the gun owner to control. Someone stealing a firearm either
loaded or not has the intention to commit further illegal acts. Having it in a locked box or vault would actually
serve notice to a thief that something of value is in the box and would possibly ensure the loss of that weapon
wherein if one is hidden then more difficulty in finding that weapon would be presented to the thief.
I have renter insurance and home owner insurance and would like to indicate that a police report would have to
be filled out concerning the loss of any property which would include loss of a firearm -- making the ordinance
for reporting a firearm theft not justifiable.
Anyway recent news worthy events seem to indicate a lack of respect of law enforcement officers and
legislating more laws to enforce would not improve any relations with those officers. Although I am not an
advocate of open carry of firearms such as that in Arizona, I would like to add that the Phoenix murder rate
dropped significantly possibly because of that. First responders to criminal acts might be concealed carry
permit holders or open carry individuals in the case of Arizona. These first responders run the risk of also
getting shot possibly in the back by any rapid response team.
Training in firearm safety is more important than gun control and the council should work toward that
end. Pistol and rifle ranges are a good place to learn gun control.....at least it was for me when I was in the
military. Knowledge of a persons limitations, a firearms potential or lack thereof, and operating in variety of
conditions (stress and weather related) should be the foremost in any training regimen.
t
Cindy Berardi
From: Joanne Bruggemans
Sent: Wednesday, September 21, 2016 3:53 PM
To: Cindy Berardi; Kathie Hart
Subject: FW: YOU STUPID BUNCH OF ASSHOLES
From: RANDY SCOTT [randyOlscott@gmail.com]
Sent: Friday, September 16, 2016 2:58 PM
To: Joanne Bruggemans; Robert Moon; Geoff Kors; JR Roberts
Subject: YOU STUPID BUNCH OF ASSHOLES
Public servent idiots,
Why do you believe that strangling the people that defend themselves is going to make anything better? Why
are you and other government officials so hell bent on taking away the citizens of the United States
constitutional rights? Do you think this is going to make the bad guys lock their weapons too ?? You bunch of
pompous, self righteous, liberal assholes. You will be judged. One day you will pay for your crimes against the
people you are supposed to look out for.
RANDY SCOTT
9o9-838-8888
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 R E C E I y E D
760-778.4578/Fax 760-7784731 ,l { .T ,Dv P A L H S P R 1 H l `
State Of California ss: 2'I� OCT _3 AM IQt 35
County of Riverside
JAHLS TH9 MP"")i `
CITY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001615337
1 am over the age of 18 years old,a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
panel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates, to wit:
Newspaper: The Desert Sun
9/28/2016
No 1393:
AN DIORID NANCCE OF THECICITY OF
AMEN NGP AP'f E O CALIFORNIA
I acknowledge that I am a principal clerk of the D CH R I.116 F THEPALM SPRINGS MUNIOPAL CODE,
printer of The Desert Sun, printed and RELATING TO flI EARMS
Ciin 0a ey n Su
published weekly in the City of Palm Springs, Mis.ordm Id amend:Pal ri ex.
Min on$of the Palm Springs
County of Riverside, State of California.The Mun opal Code relating i weapons
by imposing certain reeIpng-1)ontsep re-
Desert Sun was adjudicated a Newspaper of loran to firearms Induding:pTeport-
Ing to police, whhin qg hours,
general circulation on March 24, 1988 by the known loss w mare m e flreeg
Superior Court of the County of Riverside, lock stwin fireamn in resid )
ences in rm; z
ed container or d;sconce them
w(th a trigger lock when ot
State of California Case No. 191236. owner's imm n the
ediate posse n n;pn i and
3)requirissneeggffeeconcealed weapoh licen-
I�eft�in autannb;Bore 6reame when
s.
STATE OF CALIFORNIA�N I
COUNIYOFRIVERSIDE )u.
CRY OF PALM SPRINGS)
I declare under penalty of perjury that the I, JAMES THOMPSO,L CRy Clerk of
the city of Palm Springs,hereby car.
foregoing Is true and Correct. Executed On "Nut Ordinance No.IS he N a full,
true and correct copy,and was intro-
this 28th slay"of SE EMBER, 2016 in Palm 7th oat a regular meetiny on the
ad prep atfa rye tberZ016, and
Sprin , CaIlfOrnla. Palm Springs C'rety9ular Council or thef21A
owing September. 2616, by the fol-
AYES: Councilmember Kor,,
Coundlmamber Roberts,
NOES. . and Mayor Moon
Councilmember Foah and
—� ABSENT: None Pro Tom Mill,
ABSTAIN: None
JAMES TNOMPSON,CITY CLERK
_ (�jryty of Palm Springy�,,California
iL6RsIrt1:9/2B/z016
Declarant r1
1 �
CITY OF PALM SPRINGS
NOTIFICATION
0
City Council
Meeting Date: September21, 2016
Subject: Ordinance No. 1899
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
September 28, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
ul-6z
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary and Ordinance was posted at City
Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the
Office of the City Clerk on September 27, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIVED
760-778-4578/Fax 760-778-4731 ;'; i OF PALM S P R I N G
State Of California as: 2016 OCT -3 AM 10: 35
County of Riverside
JA CITY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001615337
1 am over the age of 18 years old, a citizen of
the United States and not a party to,or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper: The Desert Sun
9/28/2016
No 1393:
I acknowledge that I am a principal clerk of the ORDINANCE No.18g
AN ORDINANCE OF THE-&Y OF
printer of The Desert Sun, printed and PALM SPRINGS,CAIIFORNIA,
AMENDING CHAPTER 11.16 of THE
published weekly In the City Of Palm Springs, PALM SPRINGS MUNK:IPAL CODE,
RELATING TO FIREARMS
County of Riverside, State of California. The City Attorneys Sommeryy
This Ordinance amends the Clry's ez-
Desert Sun was adjudicated a Newspaper of M��9�'P:°°c�Ooderorei 1e phi Spring,
general circulation on March 24, 1988 b the by lm g s r s
9 Y posing certain rreeqquirements re-
IatedtofirearmsIndu Ing:1)mport-
Superior Court of the County of Riverside, ing to poll,, within ae hour,
known Lots M theft of a firearm;21
State of California Case No. 191236. it'keg nreamns in residences m a
container or disabling them
with a trigger lock when not in the
owner's Immediate pome%lon; and
3)requiring concealed weapon licen-
sees to safely store firearms when
left in automobiles.
I declare under penalty of perjury that the STATEOFCAUFORNIAI )
COUNTY OF RIVERSIDE )as
foregoing is true and correct. Executed on CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of
this 28th day of t:M6ER, 2876 in Palm the city of Palm Springs,hereby cer-
tify that Ordinance No-1899 N a full,
Springs, C rnia*Declarant
true daytoarcSe copy,and meeting
du day of regular
September on the
and
he
Palm Springs City Council on the 210
day of September. 2016, by the foi-
lowing vote:
AYES: Councilmember Kom,
Councilmembw Roberts,
NOES: CodMiawr Mo nMayor Pro Tem milkan0
ABSENT: NoneABSTAIN: None
JAMES THOMPSON,CITY CLERK 0, of Pahn Sennggs,California
Pu hM•gI}B/2p16
ORDINANCE NO. 1899
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 11.16 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO FIREARMS
City Attorney's Summary
This Ordinance amends the City's existing provisions of the Palm Springs Municipal
Code relating to weapons by imposing certain requirements related to firearms
including: 1) reporting to police, within 48 hours, known loss or theft of a firearm;
2) storing firearms in residences in a locked container or disabling them with a trigger
lock when not in the owner's immediate possession; and 3) requiring concealed weapon
licensees to safely store firearms when left in automobiles.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1899 is a full, true and correct copy, and was introduced at a regular
meeting on the 7th day of September, 2016, and adopted at a regular meeting of the
Palm Springs City Council on the 21 st day of September, 2016, by the following vote:
AYES: Councilmember Kors, Councilmember Roberts, and Mayor Moon
NOES: Councilmember Foat, and Mayor Pro Tern Mills
ABSENT: None
ABSTAIN: None
MES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1899
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 11.16 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO FIREARMS.
City Attorney's Summary
This Ordinance amends the City's existing provisions of the Palm Springs
Municipal Code relating to weapons by imposing certain requirements
related to firearms including: 1) reporting to police, within 48 hours, known
loss or theft of a firearm; 2) storing firearms in residences in a locked
container or disabling them with a trigger lock when not in the owner's
immediate possession; and 3) requiring concealed weapon licensees to
safely store firearms when left in automobiles.
SECTION 1. Chapter 11.16 of the Palm Springs Municipal Code, previously
titled, "Weapons," is amended in its entirety to read:
Chapter 11.16 Firearms
11.16.005 Definitions.
"Concealed carry licensee" means a person licensed or otherwise authorized to
carry a concealable firearm pursuant to California Penal Code Section 26150 et seq.
"Firearm" means any device, designed to be used as a weapon, from which is
expelled through a barrel, a projectile by the force of any explosion or other form of
combustion.
"Locked Container' means a secure container that is fully enclosed and locked
by a padlock, key lock, combination lock, or similar locking device as defined by
California Penal Code Section 16850. For purposes of this Chapter, it also includes a
lock box that is listed on the California Department of Justice Bureau of Firearms roster
of approved firearm safety devices. For purposes of this Chapter, it does not include a
bag or other container made of fabric or other penetrable material, such as a regular
purse, backpack, or gym bag.
"Residence" means any structure intended or used for human habitation,
including but not limited to, houses, condominiums, rooms, motels, and time-shares. For
purposes of this ordinance, it also includes a garage which is enclosed within or located
adjacent to such a structure and which is not open to the public.
Ordinance No. 1899
Page 2
11.16.010 Shooting Without Permit.
It is unlawful for any person except a "peace officer ' as defined in Sections 830
et seq., of the Penal Code of California, as may be amended from time to time, in the
performance of duties or a person acting in self-defense or in defense of others, within
the city of Palm Springs, to discharge any cannon, firearm, air-gun, or any instrument of
any kind, character, or description which throws or projects bullets or missiles of any
kind, to any distance, by means of explosion, combustion, release of compressed air or
gas, or otherwise, without first having obtained a permit to do so granted by the Chief of
Police; or to make or use, any slingshot in any manner causing danger to or annoyance
of any person or injury to property.
11 .16.020 Shooting permit—Application—Granting—Denial.
Application for such permission shall be made in writing to the Chief of Police
who shall grant such permission only if the Chief of Police determines that a substantial
public interest or a compelling private need will be served thereby, and also that the
shooting, if permitted cannot foreseeably result in any injury, disturbance, annoyance or
hazard to any person or result in any damage to property other than that of the
permittee, and further that it will in no way unnecessarily jeopardize or seriously menace
the public peace, health or safety. In any case where the Chief of Police grants a permit,
the Chief of Police may attach whatever conditions and terms as in his or her opinion
are necessary or appropriate in order to carry out the objectives stated in this Section.
No permittee exercising the privilege granted by any such permit, shall fail, refuse, or
neglect to strictly comply with all conditions and terms the Chief of Police may have
attached thereto.
11 .16.030 Shooting Permit—Exemptions.
Sections 11.16.010 and 11.16.020 shall not apply to any peace officer, either
federal, state, county, or municipal, acting in line of duty, or engaged in target practice
at any range regularly established for such officers, nor to the operators or patrons of
any shooting gallery, skeet club or target range holding a permit from the city building
inspector and city business license for the conduct thereof.
11.16.040 Duty to Report Theft or Loss of Firearms.
Any person who owns or possesses a firearm (as defined in Penal Code Section
16520 or as amended) shall report the theft or loss of the firearm to the Police
Department of the City of Palm Springs within forty-eight (48) hours of the time he or
she knew or reasonably should have known that the firearm had been stolen or lost,
whenever: (1) the person resides in the city of Palm Springs; or (2) the theft or loss of
the firearm occurs in the City of Palm Springs.
Ordinance No. 1899
Page 3
11.16.045 Safe Storage of Firearms.
Except when carried on his or her person, or in his or her immediate control and
possession, no person shall keep a firearm (as defined in Penal Code Section 16520 or
as amended) in any residence owned or controlled by that person unless the firearm is
stored in a locked container or the firearm is disabled with a trigger lock that is listed on
the California Department of Justice's list of approved firearms safety devices.
11 .16.050 Safe Storage of Firearms in an Unattended Automobile Required.
It is unlawful for persons, including those licensed or otherwise authorized to
carry a concealable firearm pursuant to California Penal Code Section 26150 et seq., to
leave a concealable firearm or ammunition in an unattended automobile within the City
of Palm Springs in a public right of way unless the firearm or ammunition is stored in a
locked container or trunk.
11.16.060 Penalties and Remedies.
(a) A violation of any provision of this Chapter shall be subject to enforcement
through criminal prosecution and/or civil remedies as provided herein.
(1) A person who violates this Chapter shall be guilty of a
misdemeanor punishable pursuant to the provisions of Section 1.01.160 of
this Code and each day or portion thereof that a person maintains and/or
continues such violation to continue shall constitute a separate and
subsequent offense as provided in Section 1.01.150 of this Code.
(2) The City may assess civil penalties in the amount of one thousand
dollars ($1,000.00) per violation that a person maintains and/or continues
such violation to continue shall constitute a separate and subsequent
offense as provided in Section 1.01.150 of this Code.
(b) Remedies under this Chapter are cumulative and not exclusive. They are
in addition to and do not supersede or limit other administrative, civil, and/or criminal
remedies provided under state or federal law, or other provisions of the Palm Springs
Municipal Code. The City may seek an order for the award of attorney's fees.
SECTION 2. In the event that any California statute adopted or referred to in this
Chapter is amended or succeeded by another enactment of the California Legislature,
such amendments shall be deemed automatically adopted as part of this Chapter as if
fully set forth herein unless the City Council amends this Chapter to provide otherwise.
SECTION 3. If any provision of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction within the State of California,
such decision shall not affect the validity of the remaining provisions. The City Council
Ordinance No. 1899
Page 4
declares that it would have adopted the remaining provisions irrespective of the
provisions, sections, sentences, clauses, or words declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 215T DAY OF SEPTEMBER, 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1899 is a full, true and correct copy, and was introduced at a regular
meeting on the 71h day of September, 2016, and adopted at a regular meeting of the
Palm Springs City Council on the 21 st day of September, 2016, by the following vote:
AYES: Councilmember Kors, Councilmember Roberts, and Mayor Moon.
NOES: Councilmember Foat, and Mayor Pro Tern Mills.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
