Humboldt County Municipal Code Ch. 5 Discharge of Firearms

Sections: Findings and Purpose. Authority. Provisions Supplementary to State Law. Area Affected. Definitions. Shooting Prohibited. Shooting Prohibited - Exceptions. Penalty. Firearms Confiscation and Disposal. 915-1. Findings and Purpose. The Board of Supervisors finds that the beaches and dunes located in the Mad River beach area are being used by hunters and others who are discharging firearms. These same areas are also used by members of the public for other recreational purposes, including swimming, fishing, picnicking, hiking, running, and horseback riding. In close proximity to these beaches and dunes are located occupied dwellings. (Ord. 1828, § 2, 4/19/88) The Board finds that the discharge of firearms in this area is unnecessary, and interferes with other lawful uses of the land. Because of the proximity of occupied dwellings to the beaches and dunes, and the presence of other recreational users, the discharge of firearms in this area poses a serious hazard to public health and safety. In order to promote the health, safety, and welfare of the inhabitants of this County, the Board finds it necessary to prohibit the unnecessary discharge of firearms in public places in the Mad River beach area. (Ord. 1828, § 2, 4/19/ 1988) 915-2. Authority. Pursuant to the authority in § 25840 of the Government Code, the County of Humboldt establishes the following restrictions on the unnecessary firing and discharge of firearms. (Ord. 1828, § 2, 4/19/1988)

915-3. Provisions Supplementary to State Law. The provisions of this chapter are not intended to conflict with, but shall supplement, all laws of the State of California relating to the use and discharge of firearms. (Ord. 1828, § 2, 4/19/1988) 915-4. Area Affected. The provisions of this chapter shall be operative in the unincorporated area of the County within the zone described in § 915-6. (Ord. 1828, § 2, 4/19/1988) 915-5. Definitions. (a) “Firearm” for purposes of this chapter, means any device designed to be used as a weapon, from which a projectile may be expelled by the force of any explosion, or other form of combustion. (Ord. 1828, § 2, 4/19/1988) (b) “Public Place” means any area open to common, or general use, participation or enjoyment, including, but not limited to, such areas as beaches, parks, parking areas, roadways, trails and other areas which are open and accessible to the public. (Ord. 1828, § 2, 4/19/1988) 915-6. Shooting Prohibited. Except as provided in Section 915-7, no person shall fire or discharge, or cause to be fired or discharged, any firearm on, into, or over any public place, including waterways, located in the following areas: (a) Within the zone circumscribed as follows (shown on map in Figure 1): Beginning at the terminus of Mad River Road (Co.Rd.No. 4L680) at the point that said road enters the Humboldt County Mad River County Park; Thence, southerly and westerly along the easterly and southerly boundaries of Mad River Park to the southwest corner of the Mad River Park; Thence, West to the low water mark of the Pacific Ocean; Thence, northerly along the low water mark of the Pacific Ocean to the westerly prolongation of the South line of the Humboldt County Clam Beach Park; Thence, easterly along the south line of Clam Beach Park to the east line of the Humboldt County Hammond Trail (formerly known as the Hammond Railroad Right-of-Way);

Thence, southerly along the east line of the Hammond Trail to the centerline of Hiller Road (County Road No. C3L080); Thence, West, South, and East along the centerline of Hiller Road (Co.Rd.No. C3L080), Ocean Drive (Co.Rd.No. C3L080), and School Road (Co.Rd.No. C3L070) to the east line of Section 1, Township 7 North, Range 1 West, Humboldt Meridian, said line being the eastline of Fischer Avenue (Co.Rd.No. 4L830); Thence, South along said east line and the prolongation there of across the Mad River to the centerline of Mad River Road (Co.Rd.No. 4L680); Thence, northerly and westerly along the centerline of Mad River Road to the point of beginning. Figure 1.

(b) Within the area shown on the map in Figure 2: Figure 2. (Ord. 1828, § 2, 4/19/1988; Ord. 2676, § 1, 6/22/2021) 915-7. Shooting Prohibited - Exceptions. The provisions of §915-6 shall not apply to any of the following: (a) To police, peace officers or person in the military service in the discharge of their duties and using reasonable care; (Ord. 1828, § 2, 4/19/1988) (b) To persons using firearms in necessary self-defense; (Ord. 1828, § 2, 4/19/1988)

(c) To the discharging or firing of firearms at a legal firing, shooting or target range; (Ord. 1828, § 2, 4/19/1988) (d) To the discharging or firing of fireworks not otherwise proscribed by law; (Ord. 1828, § 2, 4/19/1988) (e) To persons who have obtained prior authorization pursuant to a resolution of the Board of Supervisors. (Ord. 1828, § 2, 4/19/1988) 915-8. Penalty. Except as expressly provided elsewhere, any person who violates any provisions of this chapter shall be guilty of a misdemeanor. (Ord. 1828, § 2, 4/19/1988) 915-9. Firearms Confiscation and Disposal. (a) Any firearm fired or discharged in violation of the provisions of this chapter is, upon a conviction of the defendant, or upon a juvenile court finding that a violation of this chapter was committed by the juvenile, a nuisance, and may be surrendered to the Sheriff of Humboldt County. The Sheriff, except upon the certification of a judge of a court or record, or of the District Attorney of Humboldt County, that the preservation thereof is necessary or proper to the ends of justice, may annually offer the weapons for sale at public auction. If a weapon is not of the type that can be sold to the public, generally, or is not sold pursuant to this section, the weapon shall be destroyed, unless the Board of Supervisors shall by resolution, upon recommendation of the Sheriff, provide for and direct disposal of such weapon in a lawful manner other than by destruction. (Ord. 1828, § 2, 4/19/1988) (b) If any weapon surrendered pursuant to subsection (a) of this section has been stolen and is thereafter recovered from the thief or his/her transferee, it shall not be offered for sale or destroyed but shall be restored to the lawful owner thereof, as soon as its use as evidence has been served, upon his or her identification of the weapon and proof of ownership. No stolen weapon shall be sold or destroyed pursuant to this section unless reasonable notice is given to its lawful owner, if his/her or identity and address can be reasonably ascertained. Figure 1.

(Ord. 1828, § 2, 4/19/1988)

§ 915.5-1. § 915.5-2. § 915.5-3. § 915.5-4. § 915.5-5. § 915.5-6. § 915.5-7. § 915.5-8.