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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. ~ ~ 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