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HomeMy WebLinkAboutOrd 360-1955 AN ORDINAlqCE OF THE CITY OF ~OUT]~ SAN FRANClS~(~ ~KING IT ~~ ~ DIVERGE FI~R~ OR .... ".~ ~ER ~N5 WI~IN THE LI~IT8 OF SAID CI~, P~VIDING ~LTIES ~R VIO~TIONS, A~ REP~LING O~INANCES N~. 27, 22~, A~ 270.. ~e City Council of the City of 5outh San ~ancisco does ordain as follo~: Section 1. It shall hereafter ~ unlawful for any ~rson or ~rsons, within the eor~te liaits of the City of South Ban ~aacis~, to discharge any pistol, revolver, ~n, rifle (of any cali~r), cannon, anvil, or aa~ other ~fi~reara, and aim any air,n, ~B ~n, blow ~n, sling-shot, ~w, or any instrument of any kind~ character, or description which thro~ or projects bullets, or aissiles of any kind to a~ distance, by means of ~wder or any explosive substance, or by means of the elastic force of air, ~b~r, or steel springs, or by any other means; or in any ~nner to use the sa~ to the danger or annoyance of any ~rson or injury to property ex,pt in lawful defense of a person or persons, or of property. Section 2. It shall be unlawful for any person or persons to carry any ~a~n, as defined in Section 1 of this ordinance, any- where within the corporate liaits of the Cily of South San ~aeisco, unless, such ~rson or ~rsons shall carry the wea~n unloaded, with the breech or mgazine o~n, or the main ~rts of the ~apon broken do~ and separated. Section 3. .This ordinance shall not apply to, nor prohibit, the discharging of firearas over, into, or along the ~ters of the ~y of San ~ancisco provided that there shall at all rises ~ full ~iance with the provisions of the "Fish and ~me Code" of the State of California and all other applicable laws and regulations. Section 40 The City Council of~u~ San Francisco ~y, upon ~itten application being made, grant persission for the location of pistol, skeet, or archery ranges within s~ld City, upon which pistol, skeet, or archery ranges it ~ay be lawful to discharge revolvers, pistols, shotguns, or bows subject to such regulations as said City Council ~ay establish. Section 5o Any and all weaposs, as hereinbefore defined, used and employed by any person in violation of this ordinance shall be seized by the authorized law enforcem®nt officer and shall be confiscated and disposed of in the ~anner hereinafter specified. After seizure, all weapons shall re~ain t~th~ e~stody of the Police Depart- ment until a forfeiture has been declared, or a release has bees ordered, by the court having Jurisdiction in the ~attero In those cases in which the court with Jurisdiction finds that the weapon vas used in violation of this ordinance, all individual property rights in the weapon shall be de&lared for~ited. If the reasonable value of any forfeited weapon, as estimted by the Chief of Police, the Captain of Police, or the Police Sergeant on duty, does not exceed the sum of Ten Dollars ($10.00), the Police Department is authorised te destroy such weapon, or cause it to be destroyed, to such extent that it shall be wholly and entirely useless and ineffective for the purPOSe for which it vas designed or construet~. However, if such reasonable value of any forfeited weapon exceeds the sum of Ten Dollars ~10.00), the same shall re~ain in the custody of the Police Department and thereafter be sold to the highest bidder at a public auction te be conducted by said Department on a business day between the hours of 9:00 a.m. and 5~00 F-m. at a public place in the City within one (1) year from the date of forfeiture. Before any such sale is con- ducted, notice thereof must be given by posting in at least ~kz~e (3) public places within the City, at least ten (10) days before the date of the sale, a written notice ~ontaining a brief description of the veaponn to be sold and stating the ti~e and the place of the public auction. It ~ay be specified in the n~tice that any and all bids may be rejected, as the police officer conducting the sale shall in his sound discretion so decide. N~ ~ember of the Police Department shall beemae a purchaser at such sale, or be interested in any purchase thereat. Ail ~oney received by the police Department, through the public sale of said weapons, shall be deposited with the City Clerk of the City for distribution into the general fund. All weaponS which may remain unsold after 1he conduct of a public auction as provided for in'~:this section shall be destroyed by the Police Department, unless the Chd~f thereof shall, in his discretion, determine to retain such weapons in the custody of said Nlice Department for the purpose of offering the same for sale at a subsequent public auction to be held hereunder. Section 6. The following ordinances, and any and all other ordinances or parts of other ordinances in conflict herewith are hereby repealed: Ordinance No. 27 entitled:'AN ORDINANCE MAKING IT UNLAWFUL TO DISCHARGE FIREARMS OR OTHER ARMS WITHIN CERTAIN LIMITS OF THE CITY OF SOUTH SAN FRANCISCO, AND PROVIDING FOR A PENALTY FOR VIOLATIOK', which ordinance vas adopted by the Board of Trustees of the City of South San Francisco on the 23rd day of August, 1909; Ordinance No. 223 entitled: "AN ORD~BINCE PROHIBITING THE DISCHARGING OF BIFLES, REVOLVERS OR PISTOLS IN TWE CITY OF SOUTH SAN FRANCISCO OVER OR UPON THE ~TERS OF THE BAY OF SAN FRANCISCO;, passed and adopted on the 1Sth day of ~ay, 1942; and Ordinance No. 270 entitled: "AN ORDINANCE AI~ENDING ORDINANCE NO. 223 OF THE CITY OF SOUTH SAN I~NCISCO', passed and adopted on the 15,~h day of December, 1~47. Section 7. Any person or persons violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Ten Dollars ($10o00) or more than Three Hundred Dollars ($300.00), or by imprisomaent for a period mdt:~ezceeding thirty (30) days, or by both such fine and i~prisonment. Section 8. This ordinance shall be published once as required by law and shall take effect and be in force on and after the expiration of thirty (30) days from its adoption. Introduced this 7 day of Harch, 1955. o o