Los Altos Hills Municipal Code Ch. 4 Weapons

Note: Prior ordinance history: Ord. 15.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Missile

means the article projected from a missile projector.

Missile projector

means any instrument or device of any kind, character, or description which throws, discharges, propels, or hurls bullets or missiles of any kind to any distance from such instrument or device by means of elastic force, air pressure, vacuum, or any explosive force.

(§ 1, Ord. 208, eff. May 4, 1973)

Except as otherwise provided in this chapter, no person shall transport any missile projector in, or discharge any missile projector in, or discharge any missile into the Town without first having applied for and obtained a written permit therefor from the Chief of Police. The Chief of Police shall, except as otherwise specifically directed by the Council, be the sole judge as to the desirability or necessity for issuing such permit which shall, in his or her judgment, be for the protection of the applicant or in the furtherance of the public welfare. Such permits shall only be issued upon the payment of a fee in an amount to be set by resolution and shall be upon such conditions and for such terms as the Chief of Police may determine.

(§ 1, Ord. 208, eff. May 4, 1973; § 5, Ord. 328, eff. October 6, 1989)

Except as otherwise provided in this chapter, no person shall use or transport any missile projector in the Town other than in accordance with the following regulations:

(a) No missile projector may be discharged except upon the owner's premises.

(b) No missile projector shall be discharged by any person other than one then in possession of a current State hunting license or a valid Hunter Safety Course Certificate.

(c) No missile projector shall be transported within the Town unless such missile projector is so mechanically disassembled as to be inoperative.

(d) No missile shall leave the premises of the user or cross any path or other public easement or right-of-way.

(§ 1, Ord. 208, eff. May 4, 1973)

The provisions of this chapter shall not apply to the following:

(a) Any peace officer or person summoned by peace officers to assist in making an arrest or preserving the peace and any person who is a member of the armed services of the United States, the National Guard, or the State Guard while such persons are acting in the lawful discharge of their duties; and

(b) Any person acting in the lawful defense of person or property.

(§ 1, Ord. 208, eff. May 4, 1973)

Any instrument, device, or article used or possessed in violation of the provisions of this chapter, except for violations under Sections 4-4.06 and 4-4.07, is hereby declared to be a public nuisance and may be confiscated and possessed by any police officer of the Town or County and delivered to the custody of the Chief of Police. The Chief of Police may return, upon such conditions as he or she deems desirable for the public welfare, any such instrument, device, or article to the person from whose possession it was taken or may retain the same and destroy it unreturned after 60 days.

(§ 1, Ord. 208, eff. May 4, 1973; § 1, Ord. 596, eff. September 18, 2021)

(a) 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 California Penal Code Section 16520 or as amended) in any residence in Los Altos Hills owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code Section 16850 or as amended) or the firearm is disabled with a safety device that is listed on the California Department of Justice's roster of approved firearm safety devices.

(b) The violation of this section is hereby declared to be unlawful and shall constitute a misdemeanor, and shall be subject to the following fines:

(1) A fine not exceeding $250 and for a first violation;

(2) A fine not exceeding $500 for a second violation, within one year;

(3) A fine not exceeding $750 for a third violation, within one year;

(4) A fine not exceeding $1,000 for a fourth violation, within one year.

(c) Each violation shall be deemed a distinct and separate offense. In addition, violations of this section shall be subject to any administrative, civil, or criminal enforcement remedies available under the law and/or the Municipal Code including cost recovery provisions under Section 1-2.04. The Town may enforce the violation of this section by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law. Where it is necessary for the Town to file a civil action in court to obtain compliance with this section, the court may, in its discretion, assess a civil penalty based on factors outlined in Municipal Code Section 1-2.05(a) against the violating parties in the event the Town is the prevailing party.

(§ 1, Ord. 596, eff. September 18, 2021)

(a) Any person who owns or possesses a firearm (as defined in California Penal Code Section 16520 or as amended) shall report the theft or loss of the firearm to Santa Clara County Sheriff's office within 48 hours of the time he or she determined or reasonably should have known that the firearm had been lost or stolen, whenever: (1) that person resides in the Town of Los Altos Hills; or (2) the theft or loss of the firearm occurs in the Town of Los Altos Hills.

(b) The violation of this section is hereby declared to be unlawful and shall constitute a misdemeanor, and shall be subject to the following fines:

(1) A fine not exceeding $250 and for a first violation;

(2) A fine not exceeding $500 for a second violation, within one year;

(3) A fine not exceeding $750 for a third violation, within one year;

(4) A fine not exceeding $1,000 for a fourth violation, within one year.

(c) Each violation shall be deemed a distinct and separate offense. In addition, violations of this section shall be subject to any administrative, civil, or criminal enforcement remedies available under the law and/or the Municipal Code including cost recovery provisions under Section 1-2.04. The Town may enforce the violation of this section by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law. Where it is necessary for the Town to file a civil action in court to obtain compliance with this section, the court may, in its discretion, assess a civil penalty based on factors outlined in Municipal Code Section 1-2.05(a) against the violating parties in the event the Town is the prevailing party.

(§ 1, Ord. 596, eff. September 18, 2021)