HomeMy WebLinkAbout596ORDINANCE 596
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 4,
CHAPTER 4 "WEAPONS" OF THE LOS ALTOS HILLS MUNICIPAL CODE
ESTABLISHING REGULATIONS FOR SAFE STORAGE OF FIREARMS IN A
RESIDENCE AND REPORTING LOST OR STOLEN FIREARMS
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally,
regionally, and locally; and
WHEREAS, a Santa Clara County Public Health Department report released in April 2018 states
that 11% of injury deaths in Santa Clara County were due to firearm injuries. On average, there
were 81 deaths per year in the County resulting from firearm injuries from 2012 to 2016; and
WHEREAS, an estimated one in ten adults in Santa Clara County kept a firearm in or around their
home in 2013 through 2014 according to a 2018 Santa Clara County Public Health Department
report; and
WHEREAS, improperly stored or secured firearms may result in accidental firearm injuries or
deaths, particularly in homes with children, and are susceptible to theft; and
WHEREAS, providing for safe storage of firearms in residences, and requiring a firearm owner to
report a stolen or lost firearm, are sensible firearm safety regulations because they are not unduly
burdensome for firearm owners, they aid law enforcement officers in their duties, and they offer
some protection to all members of the community.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as
follows:
Section 1. Adoption.
The Town of Los Altos Hills Municipal Code is hereby amended as set forth in Attachment A.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, subsection,
paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section,
paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15060(c)(2), 15060(c)(3),
and 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant
effect on the environment. As here, where it can be seen with certainty that there is no possibility
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that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Section 4. Publication.
This ordinance shall become effective thirty (30) days from the date of its final passage. Within
fifteen days after the passage of this ordinance, the City Clerk shall cause this ordinance or a
summary thereof to be published once, with the names of those City Councilmembers voting for or
against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED: June 17, 2021
PASSED: August 19, 2021
AYES: Mayor Tankha, Vice Mayor Tyson, Councilmembers Mok, Schmidt and
Swan
NOES: None
ABSTENTIONS: None
ABSENT: None
ATTEST:
a-�A�
Deborah L. Padovan, City Cleric
APPROVEIM, S TO FORM:
Steve Mattas, City Attorney
By: - /� ' 7�
Kavita Tankha, Mayor
Ordinance 596 Page 2
ATTACHMENT A — TITLE 4, CHAPTER 4: WEAPONS
Title 4, Chapter 4 of the Los Altos Hills Municipal Code is amended to adopt the Section set forth
below:
Title 4, Chapter 4, Sections 4-4.06-4-4.07:
4-4.06 Safe Storage of Firearms in a Residence.
a. Except when carried on his or her person, or in his or her immediate control and possession,
no person shall keep a firearm (as defined in California Penal Code 16520 or as amended)
in any residence in Los Altos Hills owned or controlled by that person unless the firearm is
stored in a locked container (as defined in California Penal Code 16850 or as amended) or
the firearm is disabled with a safety device that is listed on the California Department of
Justice's roster of approved firearm safety devices.
b. The violation of this Section is hereby declared to be unlawful and shall constitute a
misdemeanor, and shall be subject to the following fines:
(1) A fine not exceeding two hundred and fifty dollars ($250.00) and for a first
violation;
(2) A fine not exceeding five hundred dollars ($500.00) for a second violation, within
one year.
(3) A fine not exceeding seven hundred and fifty dollars ($750.00) for a third violation,
within one year.
(4) A fine not exceeding one thousand dollars ($1,000.00) for a fourth violation, within
one year.
Each violation shall be deemed a distinct and separate offense. In addition, violations of this
chapter shall be subject to any administrative, civil, or criminal enforcement remedies
available under the law and/or the Municipal Code including cost -recovery provisions
under Section 1-2.04. The Town may enforce the violation of this chapter by means of civil
enforcement through a restraining order, a preliminary or permanent injunction or by any
other means authorized by law. Where it is necessary for the Town to file a civil action in
court to obtain compliance with this chapter, the court may, in its discretion, assess a civil
penalty based on factors outlined in Municipal Code section 1-2.05(a) against the violating
parties in the event the Town is the prevailing party.
4-4.07 Reporting Lost or Stolen Firearms.
a. Any person who owns or possesses a firearm (as defined in California Penal Code 16520 or
as amended) shall report the theft or loss of the firearm to Santa Clara County Sheriff's
office within forty-eight (48) hours of the time he or she determined or reasonably should
have known that the firearm had been lost or stolen, whenever: (1) that person resides in the
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Town of Los Altos Hills; or (2) the theft or loss of the firearm occurs in the Town of Los
Altos Hills.
b. The violation of this Section is hereby declared to be unlawful and shall constitute a
misdemeanor, and shall be subject to the following fines:
(1) A fine not exceeding two hundred and fifty dollars ($250.00) and for a first
violation;
(2) A fine not exceeding five hundred dollars ($500.00) for a second violation, within
one year.
(3) A fine not exceeding seven hundred and fifty dollars ($750.00) for a third violation,
within one year.
(4) A fine not exceeding one thousand dollars ($1,000.00) for a fourth violation, within
one year.
c. Each violation shall be deemed a distinct and separate offense. In addition, violations of this
chapter shall be subject to any administrative, civil, or criminal enforcement remedies
available under the law and/or the Municipal Code including cost -recovery provisions
under Section 1-2.04. The Town may enforce the violation of this chapter by means of civil
enforcement through a restraining order, a preliminary or permanent injunction or by any
other means authorized by law. Where it is necessary for the Town to file a civil action in
court to obtain compliance with this chapter, the court may, in its discretion, assess a civil
penalty based on factors outlined in Municipal Code section 1-2.05(a) against the violating
parties in the event the Town is the prevailing party.
Title 4, Chapter 4 of the Los Altos Hills Municipal Code is amended to revise the Section set forth
below with additions in underline:
4-4.05 Public nuisances—Confiscation.
Any instrument, device, or article used or possessed in violation of the provisions of this
chapter, except for violations under Sections 4-4.06 and 4-4.07 is hereby declared to be a public
nuisance and may be confiscated and possessed by any police officer of the Town or County and
delivered to the custody of the Chief of Police. The Chief of Police may return, upon such
conditions as he or she deems desirable for the public welfare, any such instrument, device, or
article to the person from whose possession it was taken or may retain the same and destroy it
unreturned after sixty (60) days.
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