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3/24/81
ORDINANCE NO. NS-1584
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 10-149 OF THE
SANTA ANA MUNCIPAL CODE TO PROVIDE FOR
RETENTION AND DISPOSITION OF AN ILLEGALLY
DISCHARGED FIREARM WITHIN THE CITY LIMITS.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION I: Section 10-149 of the Santa Ana
Municipal Code is amended to read as follows:
Sec. 10-149. Weapons; discharge of firearms.
(a) No person, except in self defense, shall
discharge, or cause or allow the discharge of any rifle,
shotgun, pistol, revolver, or any other firearm, or any
airgun, gas gun, or any other weapon which emits a projectile
as a result of pressure at the breech, unless, said person
has first obtained permission in writing from the chief of
police, and then only in compliance with all the conditions
contained in said permission. This section does not apply
to any peace officer in the discharge of his duty.
(b) A weapon of any nature used in violation of
Section 10-149(a) is, upon a conviction of the defendant, a
nuisance.
(c) Upon conviction of defendant any weapon
described in subdivision (a) or (b) shall be surrendered to
the chief of police of the City of Santa Ana. The chief of
police to whom the weapons are surrendered, except upon the
certificate of a judge of a court of record, or of the City
Attorney of Santa Ana that the retention thereof is necessary
or proper to the ends of justice, may annually, between tl~e
1st and 10th days of July, in each year, offer the weapons,
wbich the officers in charge of them consider to have value
with respect to sporting, recreational or collection purposes,
for sale at public auction to persons licensed under federal
law to engage in business involving any weapon purchased.
If any weapon has been stolen and is thereafter recovered
from the thief or his transferee,, or is used in such a
manner as to constitute a nuisance pursuant to subdivision
(a) or (b) without the prior knowledge of its lawful owner
that it would be so used, it shall not be so offered for
sale but shall be restored to the lawful owner, as soon as
its use as evidence has been served, upon identification of
the weapon and proof of ownership.
(d) If, under this section, a weapon is not of
the type that can be sold to the public, generally, or is
not sold pursuant to subdivision (c), the weapon shall,
between the 1st and 10th days of July, next succeeding, be
destroyed so that it can no longer be used as such weapon.
(e) This section shall not apply to any firearm
in the possession of the Department of Fish and Game or
which was used in the violation of any provision of law, or
regulation thereunder, in the Fish and Game Code.
OI{DINANCE NO. NS-1584
PAGE ~WO
(f) NO stolen weapon shall be sold or destroyed
pursuant to subdivisions (c) or (d) unless reasonable notice
is given to its lawful owner, if his identity and address
can be reasonably ascertained.
SECTION 2: If any section, subsection, sentence,
clause, phrase or portioD of this ordinance is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance
nor the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
vi¢lations were committed prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation
thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED this 18th day of May , 19~1,
by the following vote:
AYES: COUNCILMEN: Acosta, Bricken, Griset, Luxembourger, McGuigan,
Serrato
NOES: COUNCII~EN: Markel
~SENT: COUNCII2~EN: None
ATTEST:
~PROVED AS TC FORM:
J. CO~PER,~ty Attorney