HomeMy WebLinkAboutOrd. No. 1987-820ORDINANCE NO. 820
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 9.95 TO THE
LAKE ELSINORE MUNICIPAL CODE, RELATING TO
THE PROHIBITION OF THE BRANDISHING OF
REPLICA OR FACSIMILE FIREARMS.
WHEREAS, the brandishing of replica or facsimile firearms in
a threatening manner with the intent to frighten and/or in the
presence of any public safety officer engaged in the performance
of his or her duties represents a significant threat to the public
health, safety and welfare; and,
WHEREAS, said brandishing of replica or facsimile of
firearms is not presently considered in the Lake Elsinore
Municipal Code; and,
WHEREAS, the City Council for the City of Lake Elsinore
desires to make brandishing of replica or facsimile of firearms
unlawful;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
HEREBY ORDAINS AS FOLLOWS:
1. That the foregoing Recitals are true and correct.
2. Chapter 9.95 is hereby added to the City of Lake Elsinore
Municipal Code to read as follows:
Chapter 9.95
REPLICA FIREARMS
Section 9.95.020 Brandishina. Except in self-defense, no
person shall draw, exhibit, or brandish a replica or facsimile of
a firearm or simulate a firearm in a rude, angry, or threatening
manner, with the intent to frighten, vex, harass, or annoy any
other person.
Section 9.95.030 Brandishina a Replica Firearm in the
Presence of a Public Safety Officer. No person shall draw,
exhibit, or brandish a replica or facsimile of a firearm or
simulate a firearm in the presence of a peace officer,
firefighter, emergency medical technician or paramedic engaged in
the performance of his or her duties, and the person committing
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Ordinance No. 820
such brandishing knows or has such reason to know that such police
officer, firefighter, emergency medical technician, or paramedic
is engaged in the performance of his or her duties.
Section 9.95.040 Definitions. The following terms shall
have the following definitions for the purposes of this Chapter.
A. "Firearm" shall have the same meaning as the term
"firearm" under the Dangerous Weapons Control Law
of the State of California.
B. "Replica or facsimile of a firearm" shall mean any
device or object made of plastic, wood, metal, or
any other material which is a replica, facsimile,
or toy verson of, or is otherwise recognizable as,
a pistol, revolver, shotgun, sawed-off shotgun,
rifle, machine gun, rocket launcher, or any other
firearm as used in this section, "replica or
facsimile of a firearm" shall include, but is not
limited to, toy guns, movie props, hobby models
(either in kit form or fully assembled), starter
pistols, air guns, inoperative firearms, or any
other device which might reasonably be perceived
to be real firearm.
INTRODUCED AND PASSED UPON FIRST READING THIS 10th day of
November, 1987, upon the first roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
DOMINGUEZ, MATSON, WINKLER,
STRIGOTTE
VERMILLION
NONE
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS 24th
day of November, 1987 upon the following roll call vote:
AYES: CoUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER,
STRIGOTTE
NOES: COUNCILMEMBERS: VERMILLION
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Ordinance No. 820
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
~~
N J. RI OTTE YOR
CITY OF LAKE ELSINORE
ATTEST:
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f
,'
VICKI ~,YN E KASAD, CITY CLERK
CITY GF' KE ELSINORE
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPER, I Y ATTORNEY
CITY OF LAKE ELSIN RE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance had its first reading
on November 10, 1987, and had its second reading on November 24, 1987,
and was passed by the following vote:
AYES: COUNCILMEMBERS:
CITY OF
(SEAL)
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
DOMINGUEZ, MATSON, WINKLER,
STRIGOTTE
VERMILLION
NONE
NONE
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 820, of said Council, and that the same
has not been amended or repealed.
DATED: November 25, 1987
CLERK
CITY OF
(SEAL)
ELSINORE