Mammoth Lakes Municipal Code Ch. 9.20 Firearms

(a) There are certain areas within the Town in which the discharge of firearms should be prohibited for the preservation of the public peace, health and safety. There are other areas where, to preserve the public peace, health and safety, it is necessary to prohibit the discharge of firearms other than bows and arrows and other than shotguns or front-loading muzzle pistols and rifles. These latter areas fall partly within the Town and partly within the County.

(b) It is the intent of the Town Council that certain zones be designated wherein it will be prohibited to discharge firearms, including bows and arrows and shotguns, and certain other zones where it will be prohibited to discharge firearms other than bows and arrows and other than shotguns or front-loading muzzle pistols and rifles.

(Prior Code, § 10.64.010; Code 1990, § 9.08.010; Ord. No. 86-25, § 1, 1986)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Firearm means any shotgun, rifle, pistol, crossbow, compressed air gun, pellet gun and BB gun, pistol or revolver from which shot, bullets or missiles are discharged by compressed air, explosive or combustible material, capable of propelling any shot, bullet or missile.

Peace officer means any such officer within the laws of the State, duly constituted, acting in the official line of duty.

(Prior Code, § 10.64.020; Code 1990, § 9.08.020; Ord. No. 86-25, § 1, 1986)

(a) It is unlawful for any person, other than a peace officer as defined in Section 9.20.020, to shoot, fire or discharge any firearm, or bow and arrow, in the Town territory lying within the boundaries described in this section, except when it may be necessary so to do to protect life or property or to destroy or kill any predatory or dangerous animal.

(b) The boundaries of the Town territory wherein the prohibition of this section applies are set forth on the map, attached to the ordinance from which this chapter is derived as Exhibit A and on file in the Town Clerk's office, and legally described as follows:

Beginning at the east ¼ corner of Section 25, Township 3 South, Range 27 East, M.D.B. & M.; thence west to the east ¼ corner of Section 25, Township 3 South, Range 26 East; thence continuing west along said line of intersection to a point of intersection with the Mono County and Madera County line; thence southerly and easterly along said line to a point of intersection with the north line of Section 20, Township 4 South, Range 27 East, M.D.B. & M.; thence east along the north line of Section 20 to the northeast corner of Section 20; thence southerly to the west ¼ corner of Section 22; thence east to the center of Section 22; thence north to the center of Section 15; thence west to the west& frac14; corner of Section 15; thence north to the northwest corner of Section 15; thence northeast to the center of Section 10; thence east to the center of Section 12; thence north to the south ¼ corner of Section 36, Township 3 South, Range 27 East; thence east to the southeast corner of Section 36; thence north to the point of beginning.

(Prior Code, §§ 10.64.030, 10.64.040; Code 1990, §§ 9.08.030, 9.08.040; Ord. No. 86-25, § 1, 1986; Ord. No. 96-15, § 1, 1996)

Nothing contained in this chapter shall be construed, nor shall this chapter as a whole be construed, to limit or otherwise influence or alter the applicable laws of the State, now or hereinafter in effect within the boundaries hereof.

(Prior Code, § 10.64.070; Code 1990, § 9.08.070; Ord. No. 86-25, § 1, 1986)

The following persons and entities shall be exempt from the provisions of this chapter:

(1) Any peace officer acting within such officer's official capacity;

(2) Any officer, employee or agent of the State Department of Fish and Wildlife acting in an official capacity;

(3) Any officer, employee or agent of the United States Forest Service acting in an official capacity;

(4) Any person or entity who has received a permit from the Town Police Department to operate a firearms range;

(5) Any officer, employee, agent, or person acting with permission of the Animal Control Department of the Town acting in an official capacity;

(6) Any officer, employee, agent or person acting with a permit, other than a hunting license, issued by the State Department of Fish and Wildlife for the destruction of a wild or vicious animal.

(Prior Code, § 10.64.080; Code 1990, § 9.08.080; Ord. No. 86-25, § 1, 1986; Ord. No. 96-02, § 1, 1996)

(a) Any person who violates any of the provisions of this chapter shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such person, and may be punished accordingly.

(b) Any provision or requirement of this chapter, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon the third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the Town Attorney or any deputy district attorney, upon showing by the enforcing agency of the seriousness of the particular alleged violation.

(Prior Code, § 10.64.090; Code 1990, § 9.08.090; Ord. No. 86-25, § 1, 1986)