Modesto Municipal Code Art. 11 Firearm Ranges and Firearms

No person, firm, corporation, organization or association shall engage in, carry on, maintain, operate, or cause to be engaged in, carried on, maintained or operated, a pistol and/or rifle range in the City of Modesto without first having secured a permit from the Chief of Police of the City of Modesto in accordance with the requirements of this article and without complying with the rules and regulations contained and authorized herein pertaining to the operation of pistol and/or rifle ranges.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

Applications for a permit for a pistol and/or rifle range shall be submitted to the Chief of Police. The City Council may by resolution adopted from time to time fix an annual permit fee which shall accompany the application. The permit issued shall be for a term of one (1) year from the date of issuance subject to renewal and payment of the annual permit fees. Applications shall be filed on forms supplied by the Modesto Police Department, which applications shall contain the following information:

(a) The name, residence address and telephone number of the applicant. If the applicant is a partnership, the name, residence address and telephone number of each partner. If the applicant is a corporation, the name, residence address and telephone number of each director, each officer and the general manager.

(b) The applicant's date of birth, automobile driver's license number, weight, height, color of eyes and hair. If the applicant is a partnership, the date of birth, automobile driver's license number, weight, height, color of eyes and hair of each partner. If the applicant is a corporation, the date of birth, automobile driver's license number, weight, height, color of eyes and hair of each director, officer and the general manager.

(c) The name under which the pistol and/or rifle range is proposed to operate and the business address and telephone number of the proposed pistol and/or rifle range.

(d) The character and caliber of firing devices and cartridges to be utilized, the engineered building and site construction plans, the type of firing range equipment to be utilized, and such other information which describes or illustrates the conditions within which the pistol and/or rifle range is to be operated.

(e) The name and address of each firearms regulatory agency which has issued a firearms license or permit to the applicant, and the number of each license and/or permit held by the applicant and the expiration date thereof.

(f) The name of each city, county and state, including the specific addresses therein, in which the applicant has been engaged in, or has operated, a pistol and/or rifle range within the last five (5) years. If the applicant is a partnership, such information shall be provided for each partner. If the applicant is a corporation, such information shall be provided for each director, each officer and the general manager.

(g) A statement of all felonies and misdemeanors for which the applicant has been convicted within the last five (5) years, immediately preceding the date of application. If the applicant is a partnership, such information shall be provided for each partner. If the applicant is a corporation, such information shall be provided for each director, each officer and the general manager.

(h) Such other information as the Chief of Police may deem necessary to investigate and evaluate the qualifications of each applicant. All applications shall be signed by the applicant under penalty of perjury. If the applicant is a partnership, the application shall be signed by at least one (1) of the partners. If the applicant is a corporation, the application shall be signed by at least two (2) of the directors.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

(a) The Chief of Police shall conduct an investigation of each applicant and business establishment to be operated as a pistol and/or rifle range.

(b) If the Chief of Police finds from an investigation of the application and of the business premises that the applicant is of good moral character and that a pistol and/or rifle range may be operated without danger to the public peace, health or safety, the Chief of Police shall issue a permit, specifying the character and caliber of the firing devices and cartridges permitted; but if he finds that the applicant is not a person of good moral character, or that a pistol and/or rifle range cannot be operated as applied for without endangering the public peace, health or safety, he may deny the application, in whole or in part.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

Any applicant whose application is denied in whole or in part shall have the right to receive a notice in writing which specifies the reasons for the denial and shall have the right to file a written appeal to the City Council pursuant to the provisions of Chapter 4 of Title 1 of this Code.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

A permittee shall not operate or permit to be operated a pistol and/or rifle range unless said permit is posted in a conspicuous place during the operation of the pistol and/or rifle range. A permittee shall produce and exhibit the same when applying for renewal thereof and whenever requested to do so by any Peace Officer.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

(a) If it appears to the Chief of Police that any permittee is operating a pistol and/or rifle range in violation of any of the provisions of this article, or that a permit was obtained by misrepresentation, the permit may be revoked.

(b) Whenever it appears to the Chief of Police or his authorized representative that a permittee is operating a pistol and/or rifle range in violation of any of the provisions of this article in a manner that poses an immediate threat to the public's safety, he shall have the authority to summarily suspend the permit and any further operation of the pistol and/or rifle range. The suspension order issued under this subsection shall also constitute a notice of proposed revocation. A summary suspension of a permit shall continue in effect until it is either canceled by the Chief of Police or until final determination of the proposed revocation of the permit is made, whichever is sooner.

(c) Any permittee who operates a pistol and/or rifle range after summary suspension of a permit, or after revocation of a permit, is guilty of a misdemeanor.

(d) Any permittee whose permit is revoked may not apply for a permit to operate a pistol and/or rifle range in the City of Modesto for a period of one (1) year from the date of such revocation.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

(a) Whenever the Chief of Police orders the revocation of a permit to operate a pistol and/or rifle range, written notice of such action shall be given either by personally serving it on the permittee or by depositing it in the United States mail. Notice shall be directed to the permittee at the address given on the application and shall set forth the reasons for the proposed revocation. The notice shall further state that the permittee shall have ten (10) days from the date of the notice to request, in writing, a hearing before the Chief of Police to determine whether the permit should be revoked.

(b) Whenever the Chief of Police also orders the summary suspension of a permit to operate a pistol and/or rifle range, written notice of such action shall be given by personally serving a copy on the person in charge of the pistol and/or rifle range and either by personally serving a copy on the permittee or by depositing a copy in the United States mail.

(c) The Chief of Police shall provide a hearing within twenty (20) days after receipt of a written request from the permittee, at which hearing the permittee may present oral or written evidence of why the permit should not be revoked. Notice of the time and place of such hearing shall be given to the permittee by depositing it in the United States mail at least ten (10) days before the hearing to the address given in the application.

(d) If after the hearing, the permit is revoked, written notice shall be given the permittee within twenty-five (25) days of the close of the hearing. Notice of revocation shall be given by deposit in the United States mail.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

Any permittee whose license is revoked under this article shall have the right to receive a notice in writing of the revocation and to file a written appeal to the City Council pursuant to the provisions of Chapter 4 of Title 1 of this Code.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

No permittee shall operate a pistol and/or rifle range before 9:00 a.m. or after 12:00 midnight of any day.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

All pistol and/or rifle ranges, equipment, facilities and property shall be open to inspection by members of the Police Department, Fire Department, Health Department and/or Building Inspection Division of the City.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

Attendance at any pistol and/or rifle range shall be limited to the occupancy of the room in which such range is operated, as determined by the Fire Department and Building Inspection Division of the City in accordance with applicable codes, laws and regulations.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

No pistol and/or rifle range shall be operated in violation of any law or in any manner that shall constitute a public nuisance.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

Sale, possession, consumption or use of any intoxicating beverages in or upon the premises of the pistol and/or rifle range is prohibited.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)

(a) It shall be unlawful for any person to fire or discharge any pistol, gun, rifle, firearm, cannon, anvil loaded with powder, bow, air gun or any other device whereby shot, bullets or other dangerous missiles are discharged or projected, within the City of Modesto. Provided, however, that any person may, in or upon his own premises, shoot dangerous animals where necessary for the protection of life or property. And further provided, that cannon or anvils may be discharged pursuant to the written permission of the Chief of Police.

(b) Provided, however, that nothing herein contained shall prohibit or prevent maintaining, operating and/or carrying on a pistol and/or rifle range where firing devices and cartridges are of a character and caliber approved by the Chief of Police and for which a permit has been issued pursuant to the provisions of this article.

(Added by Ord. 2212-C.S., § 1, 10-26-83)

Except as otherwise provided herein, every violation of this article shall be an infraction.

(Added by Ord. 2212-C.S., § 1, effective 10-26-83)