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HomeMy WebLinkAbout15r q V ORDINANCE No. 15 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS DEFINING THE TERMS PIISSILE PROJECTORS AND MISSILE, REGULALING THE USE THEREOF AND PRESCRIBING PENALTIES. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION 1: DEFINITION For the purpose of this Ordinance, "Missile Projector" is defined as "any instrument or device of any kind, character or description which throws, discharges, propells or hurls bullets or missiles of any kind to any distance from such instrument or device by means of elastic force, air pressure, vacuum or any explosive force". "Missile" is the article projected from any missile projector as herein defined. SECTION 2: DISCHARGE PROHIBITED No person shall discharge any missile projector in or any missile into the limits of the Town of Los Altos Hills, except as hereinafter provided, without first having applied for and obtained a written permit therefor from the Chief of Police of the Town of Los Altos Hills. The Chief of Police shall, except as specifically directed by the City Council of the Town of Los Altos Hills, be the sole judge as to the desirability or necessity for issuing such permit which must in his judgment be for the protection of the applicant or in furtherance of public welfare. Such permits shall only be issued upon payment of a $1.00 fee and shall be upon such conditions and for such terms as the Chief of Police may determine. SECTION �: FIRECRACKER AND FIREWORKS No person or entity shall sell or expose for sale fire- crackers, fireworks or torpedoes of any nature whatsoever within the Corporate limits of the Town of Los Altos Hills except on Permit therefor specifically granted by the City Council of the Town of Los Altos Hills. Such permit shall only be granted when deemed advisable for the public welfare and for such terms and such condition as may be fixed and upon the payment of a fee of $1.00 SECTION 4: POSSESSION OF CERTAIN PROPELLING DEVICES It shall be unlawful for any person under the age of 18 years to have in his possession on any street, alley, or public place within the Corporate limits of the Town of Los Altos Hills any instrument or device of any nature which may throw, discharge, propell or hurl bullets or missiles of any kind to any distance from such instrument or device by means of elastic force, air pressure or vacuum or any explosive force. SECTION 5: EXCEPTIONS The provisions of this Ordinance shall not apply in the following cases: (a) Any person lawfully hunting pursuant to the Laws of the State of California (b) Any person discharging any missile on his own land or in the company of or with the written permission of the owner of such land or his agent, or the person in law- ful possession thereof, provided that the firing of said missile is accomplished in such manner that the projectile does not leave said property. (c) Any peace officer or person summoned by peace officers to assist in making an arrest or preserving the peace and any person who is a member of the Armed Services of the United States, the National Guard or the State Guard while such persons are acting in the lawful dis- charge of their duties. (d) Any person acting in.the'lawful 'defense of.phrson or proporty� SECTION 6e CONFISCATION Any instrument or device or article used or possessed in violation of the provisions of this ordinance is hereby declared to be a public nuisance and may be confiscated and possessed by a police officer of the Town of Los Altos Hills or Sheriff of County of Santa Clara and delivered to the custody of the Chief of Police of said Town of Los Altos Hills. The Chief of Police of the Town of Los Altos Hills may return, upon such conditions as he deems desirable for public welfare, any such instrument, device or article to the per- son from whose possession it was taken or may retain the same and destroy it unreturned after 60 days. SECTION 7: OTIiER PENALTIES In addition to the provision of Section 6, any person violating any provision of this ordinance shall be guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine not to exceed $300.00 or by imprisonment in detention facilities as used by the Town of Los Altos Hills for a period of 30 days or by both such fine and imprisonment. SECTION 8: SEVERABILITY The invalidity, if any, of any article, section, paragraph, sentence or clause of this ordinance shall not invalidate any other article, section, paragraph, sentence or clause of this ordinance. The City Council of the Town of Los Altos Hills hereby declares that it would have passed this ordinance and each article, section, paragraph, sentence and clause thereof, irrespective of the fact that any article, section, paragraph, sentence or clause thereof be delcared invalid. SECTION 9: EFFECTIVE DATE This ordinance shall be posted in 3 public places in the. Town of Los Altos Hills and take effect 30 days from and after the date of its passage. PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the Town of Los Altos Hills on the 16 day of September , 1957, by the following vote: AYES: Bledsoe, Hoefler, Mayor Treat NOES: None ABSENT: Fowle, Rothwell SIDNEY W. TREAT ayor ATTEST: PAULMAN ity ark j 1m vy btlk -2-