HomeMy WebLinkAboutOrd. 1424-2010ORDINANCE NO. 1424-2010
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO), STATE OF CALIFORNIA
AN ORDINANCE REPEALING SECTION 10.56.020 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE, RELATED TO
THE OPEN CARRY OF FIREARMS.
WHEREAS, in 1955, the City adopted Ordinance No. 360, making it unlawful for any
person to carry a weapon within city limits unless the we~~pon is carried unloaded, with the
breech or magazine open, or the main parts of the weapon broken down and separated; and
WHEREAS, since the City's adoption of said ordinance, courts have interpreted Penal
Code Section 12031(g) to mean that a firearm is loaded. only when an unexpended shell or
cartridge is in the breach, port, cylinder, magazine, or clip, a:nd is in a position to be chambered
or fired; and
WHEREAS, South San Francisco Municipal Code Section 10.56.020 is therefore in
conflict with State law.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby
ordain as follows:
SECTION 1. AMENDMENTS
The City Council hereby repeals South San Francisco Municipal Code Section 10.56.020.
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is
held invalid or unconstitutional, the remainder of this Ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions o:f this Ordinance are severable. The
City Council of the City of South San Francisco hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the
fact that any one or more sections, subsections, subdivisic-ns, paragraphs, sentences, clauses, or
phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers voting
for or against it, in a newspaper of general circulation in tJhe City of South San Francisco, as
required by law, and shall become effective thirty (30) days from and after its adoption.
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Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 10th day of March, 2010.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 24th day of March, 2010 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. (Jarbarino, and :Karyl Matsumoto,
Vice Mayor Kevin Mullin and Ma oy r Mark Ad~diego
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
As Mayor of the City of South San Francisco, I do here
Ordinance this 24th day of March, 2010.
City Clerk
by prove the foregoing