Belvedere Municipal Code Ch. 9.60 Discharge of Weapons, Firearms and Fireworks

DISCHARGE OF WEAPONS, FIREARMS AND FIREWORKS

Sections:

• 9.60.010 Firearm defined.

• 9.60.020 Air rifles and other missile-projecting devices—Discharge prohibited.

• 9.60.030 Air rifles and other missile-projecting devices—Discharge deemed public nuisance—Disposal.

• 9.60.040 Firearms—Discharge prohibited.

• 9.60.050 Firearms—Possession on lands belonging to another prohibited when.

• 9.60.060 Firearms—Exceptions to regulations.

• 9.60.070 Firearms—Deemed public nuisance when—Destruction authorized when.

• 9.60.080 Fireworks—Discharge prohibited without permit—Exceptions.

For the purposes of Sections 9.60.040 through 9.60.070, the term “firearm” means any gun, pistol, revolver, rifle, automatic pistol or rifle, shotgun, or any other weapon of a similar nature. The term “firearm” shall not mean “air rifle,” “BB gun,” “air pistol” or “air gun,” or similar instrument described in Section 9.60.020 of this chapter. (Ord. 77-11 § 3(E), 1977.)

No person shall discharge within the City any air gun, air rifle, BB gun, air pistol, or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind by means of the elastic force of air or any explosive substance, nor shall any person make, use or have in his or her possession any slingshot or other instrument or device by which missiles of any kind or description are hurled or projected, nor shall any person use any of said objects to the danger or annoyance of any person or to the injury of any property. (Ord. 77-11 § 1, 1977.)

Any object mentioned in Section 9.60.020 which is discharged or used in violation of this chapter shall be deemed a public nuisance and shall be surrendered immediately to the City Manager-Police Administrator. Annually, the City Manager-Police Administrator shall destroy or cause to be destroyed such objects unless the City Council shall, by resolution, provide for the disposal of such objects in some other lawful manner. (Ord. 77-11 § 2, 1977; Ord. 76-3 § 1, 1976.)

No person shall discharge any firearm within the City. (Ord. 77-11 § 3(A), 1977.)

No person shall possess any firearm on or upon any lands belonging to or occupied by another unless he has in his possession the written permission of the owner of such lands or his agent or person in lawful possession thereof. (Ord. 77-11 § 3(B), 1977.)

The provisions of this Section and Sections 9.60.010, 9.60.040, 9.60.050 and 9.60.070 shall not apply to the following:

A. Any peace officer or person summoned by peace officers to assist in making an arrest ox 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 animals, birds or pests, while such persons are acting in a lawful discharge of their duties;

B. Guards or messengers of common carriers, banks or other financial institutions, while actually employed in and about the shipment, transportation or delivery of any money, treasure, bullion, bonds or other things of value;

C. Members of any bona fide club or organization organized for the principal purpose of practicing shooting at targets upon established target ranges, while such members are using any firearm upon such target ranges, or while going to or coming from such ranges. Nothing in the Sections cited above 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. (Ord. 77-11 § 3(C), 1977.)

Any fireman discharged or possessed in violation of Sections 9.60.010, and 9.60.040 through 9.60.060 shall be deemed a public nuisance and shall be surrendered immediately to the City Manager-Police Administrator. Annually, the City Manager-Police Administrator shall destroy or cause to be destroyed such firearms unless the City Council shall by resolution provide for the disposal of such firearms in some other lawful manner. (Ord. 77-11 § 3(D), 1977; Ord. 76-3 § 1, 1976.)

No person shall discharge within the City any fireworks, as defined in the Health and Safety Code, or any cannon, anvil, bomb, or firecracker of any kind or description unless a permit is first issued by the City Council; provided, however, this Section shall not prohibit the use of a starting pistol or similar device when used in a boating race or contest on navigable waters. (Ord. 77-11 § 4, 1977.)