Ordinance Number 607ORDINANCE NO. 607
USE OF REPLICA FIREARMS (URGENCY)
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING SECTION 5-14.03 TO
CHAPTER 14 OF TITLE 5 OF THE MUNICIPAL CODE (REPLICA
FIREARMS)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Section 5-14.03 entitled "Replica Firearms" is hereby added to Chapter 14,
"Weapons" of Title 5 "Public Welfare" of the Municipal Code to read as follows:
"Section 5-14.03. Replica Firearms.
"No person, except in the defense of him or herself, of property, or of others,
shall draw, exhibit or brandish a replica firearm in a rude or threatening
manner and cause another to reasonably feel threatened thereby.
"As used in this section, the term "replica firearm" shall include any device or
object made of plastic, wood, metal or any other material which has the
appearance of a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine
gun, rocket launcher, or any other firearm as that term is used under the
provisions of Penal Code Sections 12001, 12001.5, 12020(d)(10), and 12570
sufficient to lead a reasonable person to believe that it is an actual operable
firearm. Further, the meaning of the term firearm shall be the same as the
meaning of that term under the State Dangerous Weapons Control laws and
shall include air rifles, pellet guns, or BB guns."
SECTION 2. Urgency Findings.
There has been a recent sudden increase in the use of replica firearms to
frighten and intimidate the people of this city on streets, freeways and other private and
public property. Immediate steps must be taken to prevent the escalation of violent acts
resulting therefrom. Therefore, an urgency ordinance is necessary to protect the health,
safety and general welfare of the community.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force immediately.
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SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
1987.
ATTEST:
PASSED, APPROVED, AND ADOPTED this20th day of October ,
MA
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 607 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on Se"tember 29 , 1987 , and adopted
at a meeting held on October 20 , 1987, by the folow
ling vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
(SEAL)
MARY AN ANOV E R, CITY CLERK-
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