2010-72 - regulation of discharge of firearms ORDINANCE NO. 2010-72
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE REPEALING
RIVERSIDE COUNTY ORDINANCE NO. 514 AND ADDING CHAPTER 11.25 TO THE
MENIFEE MUNICIPAL CODE TO REGULATE THE DISCHARGE OF FIREARMS AND BB
GUNS WITHIN CITY LIMITS
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS.
Section 1. Chapter 11.25 is added to the Menifee Municipal Code to read as follows:
Chapter 11.25
Regulations Regarding Discharge of Firearms and BB Devices
Section
11.25.010 Definitions
11.25.020 Prohibition on Rifles and Pellet Guns
11.25.030 Regulation of Discharge of Firearms
11.25.040 Exceptions
11.25.050 Violation — Penalty
11.25.010 Definitions
As used in this Chapter, the following words and phrases shall have the meanings set
out here.
(a) "BB device' shall mean any instrument that expels a projectile, which projectiles
are limited to bird or buck shot for purposes of this Chapter, such as a BB gun
or air gun, not exceeding 6mm caliber, through the force of air pressure, gas
pressure, or spring action, or any spot marker gun, but explicitly excludes a pellet
gun.
(b) "Firearm" shall mean and include any device, designed to be used as a weapon,
from which a projective is expelled through a barrel by the force of any explosion or
other form of combustion; such devices include but not limited to a cannon, gun,
pistol, revolver, automatic pistol, rifle, shotgun or pellet gun.
(c) 'Rifle" shall mean a shoulder weapon with a rifled bore or rifled artillery
piece, as distinguished from a smooth bore shotgun.
(d) 'Rifle slugs" are the projectiles shot through a smooth bore weapon such as a shot
gun.
Ordinance No. 2010-72
Discharge of Firearms within City Limits
11.25.020 Regulation of Rifles, Rifle Slugs and Pellet Guns
It shall be unlawful and a violation of this Code for any person to shoot or discharge any
rifle, pellet gun or other weapon firing rifle slugs within the boundaries of the City of Menifee.
11.25.030 Discharge of Firearms or BB Devices
It shall be unlawful and a violation of this Code for any person to shoot or discharge any
firearm or BB device (as defined herein) in the following areas, unless otherwise exempted
pursuant to the provisions of this Chapter:
(a) Within 150 yards of the boundaries of any area or building used as a school, day
care center, public campground, public trail, public park or church, whether or not
occupied;
(b) Within 300 yards of any public or private highway, road or street;
(c) Within 300 yards of any building other than those set out in (a) above, or any house
or dwelling, whether or not occupied, without the prior written consent of the owner or
occupant;
(d) Within 300 yards of any corral, paddock, feed yard, dairy barn or other farm building
where cattle, horses, sheep or other animals are raised, milked, fed, trained, housed
or confined, without the written consent of the owner or occupant of the property;
(e) Where the owner of public or private property has posted signage prohibiting
discharge of firearms or BB devices.
11.25.040 Exceptions
This Chapter shall not apply to the following:
(a) The discharging of a firearm or BB device used in lawfully hunting pursuant to a valid
hunting license during hunting season, provided that this exemption shall not apply to Section
11.25.020 (a) above;
(b) Any peace officer, member of the armed services or animal control officer while
acting in the lawful discharge of his/her duties;
(c) Any person in the lawful defense of himself or herself, another person or his/her real
or personal property;
(d) Discharging a firearm or BB device in an approved and properly permitted area or at
an established shooting, firing or target range, gun or hunting club;
(e) Discharging a firearm in accord with all conditions of a valid depredation permit
issued to the shooter by the United States Fish and Wildlife Services or other permitted agency
for the control of vectors, and subject to additional conditions imposed by the City to protect
public health and safety.
(f) Discharging a firearm to euthanize an injured animal on the person's own property.
2
Ordinance No. 2010-72
Discharge of Firearms within City Limits
(g) Discharging a firearm or BB device (i) outdoors within the boundaries of one's own
property, provided that the property is at least 1/2 acre and there is no violation of Section
11.25.020 as to adjacent property; or (ii) at a properly constructed indoor home range on such
property;
(h) Paint guns.
11.25.050 Violation — Penalty
(a) Any person violating any provision of this Chapter shall be deemed guilty of an
infraction for the first two violations of this Chapter unless otherwise prosecuted as a
misdemeanor by the City Attorney. Thereafter, the third and any subsequent violation shall
constitute a misdemeanor, punishable by a fine not exceeding $1000 and/or six months in jail.
Such person shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of the provisions of this Chapter occurred.
(b) The provisions of this Chapter also may be enforced by administrative citation or any
other means legally available to the City. Violation of this Chapter shall be a public nuisance.
Section 2. Effective Immediately
This ordinance shall be effective immediately as it is necessary to address health, safety
and welfare issues arising during the current hunting season.
PASSED, APPROVED AND ADOPTED this 2"d day of March, 2009.
0440 G) qev:�:-
Wallace
W. Edgerton, Mayor
Attest:M M n�
Lu
Kathy Bennett, City Clerk
Approved as to form:
Elizab h Martyn, City Attorne
3
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
John V.Denver
Councilmember
Darcy Kuenzi STATE OF CALIFORNIA )
Councilmember COUNTY OF RIVERSIDE ) ss
Scott A.Mann CITY OF MENIFEE )
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2010-72 was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Menifee on the February 16,
2010, and that thereafter, said Ordinance was duly adopted by the City Council of
the City of Menifee at a meeting thereof held on the March 2, 2010 by the following
vote:
Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Noes: None
Absent: None
Abstain: None
d&Lurt—
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
w w.cityofinenifee.us