Pinole Municipal Code Ch. 9.20 Discharging Firearms

* For statutory provisions on dangerous weapons, see Penal Code § 12000 et seq.; for statutory provisions on the discharge of firearms, see Penal Code § 246.

It is unlawful for any person to discharge any firearm, air gun, air rifle, or other gun or device discharging by the use of powder, air, or springs, any bullet or shot of any kind, or sling-shot, in the city of Pinole except:

A. On any pistol, skeet, trap, or rifle range, the location of which has been approved by the chief of police of the city of Pinole; or

B. In certain designated areas which have been approved by the chief of police for hunting of migratory game birds; or

C. Peace officers as defined in Section 830 of the California Penal Code and acting within the scope of their official duties. (Ord. 378 § 2, 1978).

It is unlawful for any juvenile under the age of eighteen years to carry any firearm, air gun, air rifle, or other gun or device discharging by use of powder, air, or springs, any bullet or shot of any kind, or any sling or sling-shot in the city of Pinole unless the juvenile is a licensed hunter while engaged in hunting, or while going to or returning from licensed hunting, or approved pistol, skeet, trap, or rifle range. (Ord. 378 § 3, 1978).

Fifteen days prior to designating certain areas for pistol, skeet, trap, or rifle ranges or for hunting of migratory game birds, the chief of police shall publish notice in a newspaper of general publication that is circulated in the city of Pinole, of “Intention to designate areas for pistol, skeet, trap, or rifle ranges or for hunting of migratory game birds.” Such notice shall describe the area and the nature or use that is to be permitted and that interested persons may communicate their objections in writing to the Chief of Police, City Hall, Pinole, California, prior to the date set forth in the notice. Not less than five days after the date for submitting objections, the Chief of Police shall publish notice designating areas for pistol, skeet, trap, or rifle ranges, or for hunting of migratory game birds by posting the notice at the City Hall. (Ord. 378 § 4, 1978).

Any person aggrieved by the decision of the Chief of Police in approving or disapproving certain areas for pistol or rifle ranges or for hunting may appeal to the City Council for a hearing within fifteen days from the date of such decision. Such appeal must be made in writing, delivered to the City Clerk, and the appellant shall set forth all the reasons for which it is claimed that the action of the chief of police is improper. After receipt of the written appeal, the City Clerk shall set the matter for hearing before the City Council and shall give the appellant at least seven days notice of the time and place of such hearing. The City Council may affirm, modify or reverse the action of the chief of police and its decision shall be final and conclusive. (Ord. 378 § 5, 1978).

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail of the county of Contra Costa for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 378 § 7, 1978).