Marin County Municipal Code Ch. 6.32 Air Rifles

AIR RIFLE. The term "air rifle" is defined as any air rifle, B-B gun, air pistol or air gun, or similar instrument from or by means of which any bullet, shot, B-B or similar missile may be projected.

STRUCTURE. The term "structure" is defined as any building, residential or otherwise, used, normally used or available for use by human beings for purposes of inhabitation or business.

STREET. The term "street" is defined as any state highway, county highway, city street or public roadway used by the public or available to the public for use.

PERSON. The term "person" is defined as one under the age of eighteen years.

(Ord. 1219 § 1, 1962)

It shall be unlawful for any person to discharge an air rifle within five hundred feet of any structure or street.

(Ord. 1219 § 2, 1962)

The provisions of this chapter shall not be applicable:

(a) When said person is in the immediate charge and presence of a parent, guardian or adult person having responsibility for the conduct of such person.

(b) When said person is lawfully hunting pursuant to the provisions of the California Fish and Game Code and has in his possession a valid hunting license issued as prescribed in said code.

(c) When the discharge occurs at a bona fide shooting gallery, target range, fun club, educational institution or military institution, organized, operated and supervised by adult personnel.

(d) When said person is engaged in the necessary defense of his person or property.

(Ord. 1219 § 3, 1962)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding the sum of five hundred dollars or by imprisonment in the county jail of Marin County for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 1219 § 4, 1962)

Any air rifle discharged in violation of this chapter shall be deemed a public nuisance and shall be surrendered immediately to the sheriff of the county of Marin. Annually, the sheriff shall destroy or cause to be destroyed such air rifles unless the board of supervisors shall by resolution provide for the disposal of such air rifles in some other lawful manner.

(Ord. 1219 § 5, 1962)

If any section, provision, sentence, clause or phrase is for any reason declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this chapter, or the chapter as an entity, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of such section, sentence, clause or phrase.

(Ord. 1219 § 6, 1962)