HomeMy WebLinkAboutOrd. 1619-2021 (21-226)City of South San Francisco P.O. Box 711 (City Hall,
lip
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1619-2021
File Number: 21-226 Enactment Number: ORD 1619-2021
ORDINANCE ADOPTING CHAPTER 10.58 OF THE
MUNICIPAL CODE TO REQUIRE THE SAFE
STORAGE OF FIREARMS INA RESIDENCE.
WHEREAS, having a loaded or unlocked gun in the home is associated with an increased risk
of gun -related injury and death; and
WHEREAS, according to a 2008 report published in the New England Journal of Medicine,
living in a home where guns are kept increased an individual's risk of death by homicide by between
40% and 170%; and
WHEREAS, a 2004 national study determined that the presence of guns in the home increased
an individual's risk of death by homicide by 90%; and
WHEREAS, firearm injuries have a significant public health impact; and
WHEREAS, according to a 2015 study, researchers conservatively estimate that gun violence
costs the American economy at least $229 billion every year, including $8.6 billion in direct expenses
such as those for emergency and medical care; and
WHEREAS, in California, the direct costs of hospital use for firearm assault injuries alone was
estimated at $87.4 million in 2010, and 65% of these costs were borne by taxpayers; and
WHEREAS, children are particularly at risk of injury and death from firearms when firearms
are not safely secured in their own homes or in homes they visit, and according to national data, children
and young adults (24 years of age and under) constitute 38% of all firearm deaths and non-fatal injuries;
and
WHEREAS, more than 75% of guns used in suicide attempts and unintentional injuries of
children and young adults (0-19 year of age) were stored in the residence of the victim, a relative, or a
friend; and
WHEREAS, 89% of accidental shooting deaths among children occur in the home, and most
of these deaths occur when children are playing with an unsecured loaded gun in their parents' absence;
and
WHEREAS, applying trigger locks or using lock boxes when storing firearms in the home
reduces the risk of firearm injury and death; and
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File Number. 21-226 Enactment Number: ORD 1619-2021
WHEREAS, keeping a firearm locked when it is not being carried ensures that it cannot be
accessed and used by others without the owner's knowledge or permission, and this simple measure
significantly decreases the risk that the gun will be used to commit suicide, homicide, or inflict injury,
whether intentionally or unintentionally; and
WHEREAS, safe storage measures have a demonstrated protective effect in homes with
children and teenagers where guns are stored; and
WHEREAS, more local community action is needed to prevent gun violence; and
WHEREAS, in San Mateo County, there have been 301 gun -related deaths over the past 10
years; and
WHEREAS, according to data collected in 2018 by the Citizens for a San Mateo County Gun
Buy Back from participants at two separate gun buy back events, a majority of respondents reported
"hiding [the gun] in a discrete location" and/or "keeping it unloaded" as a safety measure, even though
these methods are not generally considered safe storage. A large number of respondents (27% in May
2018 and 60% in December 2018) reported that they surrendered the firearms for "safety reasons," and
nearly half of respondents indicated that they did not know how to properly store an inherited firearm;
and
WHEREAS, safe storage ordinances are in effect in at least 14 California municipalities,
including Belvedere, Berkeley, Los Angeles, Moraga, Morgan Hill, Oakland, Orinda, Palm Springs, San
Francisco, San Jose, Santa Cruz, Sunnyvale, Saratoga, and Tiburon; and
WHEREAS, the County of San Mateo Board of Supervisors recently adopted an ordinance
adding chapter 3.54 of the San Mateo County Ordinance Code to require the safe storage of firearms;
and
WHEREAS, the City Council wishes to adopt South San Francisco Municipal Code Chapter
10.58 to provide specific requirements for safe storage of firearms in a residence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO
DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the
Ordinance by this reference.
SECTION 2. Adoption of Title 10, Chapter 58
The City Council hereby adopts Chapter 10.58 ("Firearm Safe Storage") of Title 10 of the South San
Francisco Municipal Code to read as follows:
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File Number: 21-226
Chapter 10.58 FIREARM SAFE STORAGE
10.58.010 Findings and Purpose.
10.58.020 Definitions.
10.58.030 Safe storage of firearms in a residence required.
10.58.040 Penalty.
10.58.050 Amount of Civil Penalties.
10.58.010 Findings and Purpose.
Enactment Number: ORD 1619-2021
The city council finds and determines that:
1. Firearm injuries have a significant public health impact; and
2. Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used
by others without the owner's knowledge or permission, and this simple measure significantly
decreases the risk that the firearm will be used to commit suicide, homicide, or inflict injury,
whether intentionally or unintentionally.
The purpose of this chapter is to require the safe storage of firearms in a residence.
10.58.020 Definitions.
a) "Firearm" means a firearm as defined in California Penal Code, Section 16520.
b) "Locked Container" means a Locked Container, as defined in California Penal Code, Section
16850, listed on the California Department of Justice Bureau of Firearms roster of approved
firearm safety devices. For purposes of this chapter, a Locked Container does not include a bag
or other container made of fabric or other penetrable material, such as a regular purse, backpack,
or gym bag.
c) "Residence" means any structure intended or used for human habitation, including but not
limited to houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room
occupancy units, time shares, recreational vehicles, and other vehicles where human habitation
occurs.
d) "Trigger lock" means a trigger lock that is listed on the California Department of Justice's roster
of approved firearms safety devices and that is identified as appropriate for that firearm by
reference to either the manufacturer and model of the firearm or to the physical characteristics of
the firearm that match those listed on the roster for use with the device under Penal Code section
23635.
10.58.030 Safe Storage of firearms in a residence required.
a) Except when carried on the person, no person shall keep a Firearm in any Residence unless the
Firearm is stored in a Locked Container or is disabled with a Trigger Lock.
b) To encourage reporting of lost or stolen Firearms, a person who complies with California Penal
Code section 25250 by reporting the loss or theft of a Firearm they own or possess to a local law
enforcement agency within five days from the time they knew or reasonably should have known
the Firearm had been lost or stolen shall not be subject to a civil penalty for violation of
subsection (a).
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File Number. 21-226
10.58.040 Penalty.
Enactment Number: ORD 1619-2021
A violation of this section shall be subject to enforcement through civil penalties, as provided herein.
a) Civil Penalties. The city may pursue any civil remedies available under the law.
b) Separate Offense. Each violation shall be deemed a distinct and separate offense. Payment of a
penalty shall not excuse or discharge any continuation or repeated occurrence of a violation.
10.58.050 Amount of Civil Penalties
The amount of a penalty imposed for any violation of this Chapter shall be a warning for a first violation,
$100.00 for a second violation within twelve (12) months, $200 for a third violation within twelve (12)
months, and $500.00 for fourth and additional violations within twelve (12) months. If the City
establishes a free trigger lock program, the City will provide a trigger lock with the warning for a first
violation.
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a
summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is
scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance,
the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of
the full text of this Ordinance
Introduced at a regular meeting of the City Council of the City of South San Francisco held the
10th day of March 2021.
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File Number: 21-226
Enactment Number. ORD 1619-2021
At a meeting of the City Council on 3/24/2021, a motion was made by Councilmember Nicolas,
seconded by Councilmember Coleman, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by
Govea Acosta, City Clerk
Mark Addiego, Mayor "
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