Ventura Municipal Code Ch. 6.211 Security Measures for Ammunition Retailers

A. This chapter is enacted for the purpose of ensuring that retailers who sell ammunition are required to take proper precautions to ensure that ammunition is not stolen from their retail establishment by “smash and grab” or “ram raiding” crimes whereby the perpetrator uses a motor vehicle to crash into the retail establishment after hours and is able to quickly take a significant amount of ammunition before law enforcement can arrive. The city has experienced at least one such smash and grab at a retailer selling ammunition, thus allowing ammunition to be in the hands of those who have not gone through the appropriate background checks.

B. On November 8, 2016, California voters approved Proposition 63, “The Safety for All Act of 2016,” which specifically allows local government to “adopt ordinances that impose additional … requirements in regard to the sale or transfer of ammunition.” This provision is found in Section 9 of Proposition 63, while an uncodified section of The Safety for All Act of 2016, it is nonetheless a valid and effective provision and serves as the authority for the city council to adopt this chapter. (Ord. No. 2017-006, § 1, 3-20-17)

“Ammunition” means any cartridge or encasement containing a bullet or projectile, propellant, or explosive charge, and a primer that is used in the operation of a firearm.

“Ammunition vendor” means any person, firm, corporation, dealer, or any other business enterprise that is engaged in the retail sale or transfer of any ammunition; or that prepares for such conduct of business as evidenced by the securing of applicable federal, state, or local licenses; or that holds itself out as engaged in the business of selling or otherwise transferring any ammunition. (Ord. No. 2017-006, § 1, 3-20-17)

A. Secured Facility. Every business engaged in the sale or transfer of ammunition within the city shall meet the requirements of a “secured facility” pursuant to Section 17110 of the California Penal Code.

B. Vehicle Impact Protection Devices Required. In addition to the requirements of this section, vehicle impact protection devices, as defined and described herein, shall be required adjacent to the ammunition vendor’s warehouse doors, glass windows, and/or other doors and entrances, where a motor vehicle can impact and gain unauthorized entry to the ammunition vendor’s business. (Ord. No. 2017-006, § 1, 3-20-17)

A. Required vehicle impact protection devices shall take the form of bollards, as defined and provided below:

1. Bollards, posts, and guard posts shall comply with all of the following requirements:

a. Constructed of steel or other material not less than four inches in diameter.

b. Spaced so that a motor vehicle with a width of four feet may not make physical contact with the ammunition vendor’s warehouse doors, glass windows, and/or other doors and entrances without first striking a bollard, post, or guard post. The city’s planning division may approve minor deviations to these spacing requirements to accommodate site conditions.

c. Set with the top of the post not less than three feet and not greater than four feet above finished grade.

d. Located between the vehicle parking spaces or drive aisle and the ammunition vendor’s warehouse doors, glass windows, and/or other doors and entrances.

e. Such bollards or posts shall be black, grey, safety yellow, bronze, stainless steel, concrete finish or similar color, as approved by the planning division, as applicable.

f. The color and design of the bollards or posts shall be consistent throughout each shopping center, unless otherwise approved by the planning division.

g. Bollards or posts shall be properly maintained, including no visible rust or corrosion, and be kept in uniform alignment. Use of protective or decorative sleeves is permitted. (Ord. No. 2017-006, § 1, 3-20-17)

A. In the event the terms of this chapter or the application to any ammunition vendor would cause a parking lot to not comply with a provision of federal or state law or another provision of this code, city staff shall apply this chapter in a manner to carry out the provisions of both federal and state law and the other provisions of this code.

B. When there is an irreconcilable conflict between the provisions of this chapter and the provisions of federal or state law or other provisions of this code, the provisions of federal and state law and the other provisions of this code shall prevail over the provisions of this chapter, but only to the extent necessary to avoid a violation of those other laws or code provisions. If the planning division determines that the provisions of federal or state law or the other provisions of this code prevail over the provisions of this chapter with respect to the location of an ammunition vendor on a particular lot or parcel, the planning division shall provide the owner of that lot or parcel with such determination in writing within 10 calendar days of the date of their determination. (Ord. No. 2017-006, § 1, 3-20-17)

The planning division may approve minor modifications to the vehicle impact protection standards contained in this chapter to accommodate for the location of above ground or underground utilities or other existing or planned features of the development, provided the modifications achieve the same protections as intended by this chapter. (Ord. No. 2017-006, § 1, 3-20-17)

A business licensed under this chapter and already operating prior to the implementation of this chapter shall have the vehicle impact protection devices installed on or before the end of the twelfth month following the effective date of the ordinance adopting this chapter. (Ord. No. 2017-006, § 1, 3-20-17)

The city council may by resolution establish the amount of any fees necessary to carry out the purposes of this chapter. (Ord. No. 2017-006, § 1, 3-20-17)