Avenal Municipal Code Ch. 6 Discharge of Weapons

Sections:

• 4-6.01 Discharge of weapons prohibited.
• 4-6.02 Penalty for violation.
• 4-6.03 Destruction of weapon. 4-6.01 Discharge of weapons prohibited. It is unlawful to fire or discharge, or cause to be fired or discharged within the Avenal City limits, any firearm, rifle, pistol, shotgun, cannon, air rifle, air gun, B.B. gun, pellet gun, gas operated gun, spring gun, slingshot, bow, crossbow, or any other weapon designed to discharge or propel any projectile capable of causing injury; provided, however, the provisions of this section shall not apply to: (a) Peace officers when acting in the line of duty; (b) Persons otherwise lawfully acting to protect life or property;

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 43 (c) Persons so discharging in or upon an educational institution as a curricular activity or a business establishment licensed by the City of Avenal for such purposes; or (d) Any person, firm, partnership or corporation who has obtained a permit from the City of Avenal to discharge one of the above-referenced weapons for an allowable business and/or personal purpose as provided for within this chapter and/or the remaining portions of the Avenal Municipal Code. (Ord. 97-05 (part), 1997) 4-6.02 Penalty for violation. It is unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter, or failing to comply with any of this chapter's requirements, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for a period not exceeding six (6) months, by a fine not exceeding one thousand dollars ($1,000.00), or by both fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this chapter. (Ord. 97-05 (part), 1997) 4-6.03 Destruction of weapon. Any weapon of any nature used in the commission of any misdemeanor as provided within this chapter, shall, upon determination by the Avenal Chief of Police, or his agents, that continued possession of the weapon would be likely to result in endangering the safety of others, be surrendered to the Avenal Chief of Police, or his agent(s). Any weapon surrendered under this section, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, may be: (1) offered by the Avenal Chief of Police, or his agents, for sale at public auction to persons licensed pursuant to California Penal Code Section 12071 to engage in businesses involving any weapon purchased; (2) destroyed by the Avenal Chief of Police, or his agents, so that it can no longer be used as such a weapon; and/or (3) used by the Avenal Chief of Police, or his agent(s), as such Police Department sees fit. Where following confiscation of any weapon under this section the Avenal Chief of Police, or his agents, determines that return of the weapon would not be likely to result in endangering the safety of others, the police department shall notify the owner of the weapon of the procedure for the return of any weapon which has been confiscated. No stolen weapon used in the commission of any misdemeanor as provided within the chapter, shall be sold or destroyed pursuant to this section, unless reasonable notice is given to its lawful owner, if his or her identity and address can be reasonably ascertained. (Ord. 97-05 (part), 1997; Res. No. 2010-64, 10-28-2010)