Windsor Municipal Code Art. 17 Small Arms Device

As used in this section:

Posted land shall mean where signs forbidding trespass, shooting or hunting are displayed along all exterior boundaries at intervals of not more than one thousand seven hundred fifty (1,750') feet apart and at the entrance of all roads and trails entering such land.

Small arm device shall mean any pistol, revolver, gun, rifle or any caliber, shotgun of any gauge, air gun, BB gun, blow gun, slingshot, longbow, crossbow, or any weapon or instrument which throws or propels bullets, pellets or missiles of any kind by means of explosive powder, compressed or forced air or gas, springs, elastic rubber or like substance or force.

(Ord. No. 92-22 § 2 (part))

a. Except as otherwise provided by law, any person who discharges a small arm device as defined herein within or into a public park, posted campground, or posted publicly owned utility right-of-way or flood control channel within the Town of Windsor, shall be guilty of a misdemeanor punishable by fine not exceeding five hundred ($500.00) dollars or by imprisonment not exceeding six (6) months or both. In addition, any person found guilty of such offense whose offense causes destruction of or damage to public or private property shall pay to the owner of such property the full cost of replacement or repair thereof.

b. This article shall not apply to persons exempt from its provisions by State or local law.

(Ord. No. 92-22 § 2 (part))

a. No minor under the age of twelve (12) years may be in possession of a small arms device in the Town of Windsor unless such minor is accompanied by his parent, guardian or a responsible adult.

b. No minor over the age of twelve (12) years and under the age of fourteen (14) may be in possession of a small arms device in the Town of Windsor unless such minor (1) is accompanied by his/her parent, guardian or a responsible adult or (2) is on the private property of his/her parent or guardian and has on his/her person both the dated written permission of his/her parent or guardian to be in possession of the small arm device and one (1) of the following (i) a valid California Hunting License, or (ii) a California Hunter's Safety Certificate, or (iii) if in possession of a spear gun, a valid California Fishing License.

c. No minor over the age of fourteen (14) years and under the age of eighteen (18) years may be in possession of a small arms device in the Town of Windsor unless such minor (1) is accompanied by his/her parent, guardian or a responsible adult, or has on his/her person and dated written permission of his/her parent or guardian to be in possession of the small arms device and one (1) of the following: (i) a valid California Hunting License, or (ii) a California Hunter's Safety Certificate, or (iii) if in possession of a spear gun, a valid California Fishing License.

d. No minor in possession of a small arms device may be on private property in the Town of Windsor unless such minor is accompanied by the owner or controller of such property or is in possession of the dated written consent of the owner or controller of such property.

e. For purposes of this section, the term "responsible adult" shall mean a person over eighteen (18) years of age in immediate possession of (1) a valid California Hunting License, or (2) a California Hunter Safety Certificate or (3) a California Fishing License if the small arms device which is possessed by the minor is a speargun.

f. Violation of this section is a misdemeanor and shall be punishable on first offense by a fine of one hundred ($100.00) dollars and on each subsequent offense by a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.

(Ord. No. 92-22 § 2 (part))

Any parent or guardian who permits or suffers a minor in his care and custody to violate any provisions of this article shall be guilty of a misdemeanor punishable on first offense by a fine of one hundred ($100.00) dollars and on any subsequent offense by a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars. Any such parent or guardian shall be liable for any damages suffered by third persons or agencies by reason of violation of this section by the minor to the full extent provided by State law.

(Ord. No. 92-22 § 2 (part))

a. Any person who discharges any small arms device within one hundred fifty (150) yards of any building, dwelling house, camp or other place where human beings inhabit, assemble, frequent or pass, excepting publicly maintained roads, the one hundred fifty (150) yard area being hereby declared a "safety zone" is guilty of a misdemeanor and is punishable by imprisonment in the County Jail for not more than one (1) year or by a fine not exceeding one thousand ($1,000) dollars or by both such fine and imprisonment. As used in this section "inhabited" means currently being used for dwelling purposes, whether occupied or not.

b. The provisions of this section shall not apply to:

1. Police Officers or persons summoned by Police Officers to assist in making arrests or preserving the peace, or members of the Armed Services of the United States, the National Guard, or the State Guard, or persons employed by the County, State or by the United States to destroy predatory animals, birds or pests, while such persons are acting in the lawful discharge of their duties.

2. Persons using or firing small arms devices in the lawful defense of self, third parties, or livestock or other property of the user.

3. Persons discharging or firing small arms devices or causing them to be discharged or fired at a lawfully established firing, shooting or target range with consent of the owner or person in charge of any such firing, shooting or target range.

4. Owners or employees of a lawfully established business to sell or repair small arms devices who test discharge or fire such devices into bullet traps.

5. Persons who have asked for and received in writing the consent of all owners and inhabitants of buildings, dwelling houses, camps or other places within the declared safety zone.

6. Persons using a small arms device as a necessary tool during construction or modification of any structure pursuant to a valid building permit issued by the Town of Windsor.