Ordinance No. 972
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ORDINANCE NO. 972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON AMENDING THE CODE OF THE CITY OF
VERNON BY ADDING SECTIONS 17.1-2 AND 17.1-3
TO CHAPTER 17 OF SAID CODE RELATING TO
THREATS AND ASSAULTS WITH REPLICA FIREARMS,
DECLARING THE URGENCY THEREOF, AND THAT IT
WILL TAKE IMMEDIATE EFFECT
WHEREAS, the problem of realistic toy weapons has become
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increasingly serious and these weapons have reportedly been used
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in incidents on the freeways and, just recently, television con-
sumer reporter David Horowitz was threatened on the air with what
turned out to be a toy weapon: and
WHEREAS, the fear that these weapons create is as real
as if the weapons themselves were real and the penalties for
using these so-called "toys" in a threatening manner should be
the same as if they were real weapons; and
WHEREAS, the City Council of the City of Vernon wishes
to add new Sections 17.1-2 and 17.1-3 to Chapter 17 of the Code
of the City of Vernon, California 1959 to establish as a mis-
demeanor the brandishment of a toy gun in a threatening manner so
as to assist in the uniform enforcement of said law in all of the
jurisdictions in the County of Los Angeles; and
WHEREAS, the administrative staff of the City of vernon
have recommended that
it
is necessary to act quickly and
uniformly to avoid a potential tragedy due to the irresponsible
use of realistic toy weapons: and
WHEREAS, there is an urgency in adopting this ordinance
for the immediate preservation of the public peace, health,
safety, comfort, convenience and general welfare of the City of
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Vernon and its inhabitants.
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS
FOLLOWS:
SECTION 1:
The City Council of the City of Vernon
hereby adds Sections 17.1-2 and 17.1-3 to Chapter 17 of the Code
of the City of Vernon, California 1959 to read as follows:
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Sec. 17.1-2. Replica Firearms and Firearms-
Definitions.
(a)
As used in this Chapter, the term replica
firearm shall include any device or object made of plastic, wood,
metal or any other material which is a facsimile or toy version
of, or is otherwise recognizable as, a pistol, revolver, shotgun,
sawed-off shotgun, rifle, machine gun, rocket launcher, or any
other firearm as that term is used under the provisions of Sec-
tions 12001, 12001.5, 12020(d) (1), and 12570 of the State Penal
Code.
(b)
For purposes of this Chapter, the meaning of
the term firearm shall be the same as the meaning of that term
under the State Dangerous Weapons Control laws and shall include
air rifles, pellet guns or BB guns.
Sec. 17.1-3. Offense.
Every person who, except in self defense, in the
presence of any other person, draws, exhibits or brandishes a
replica firearm or who simulates a firearm in a rude, angry and
threatening manner, or who in any manner, unlawfully uses the
same in any fight or quarrel and causes the victim to reasonably
believe that the person is actually in possession of an operable
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firearm is guilty of a misdemeanor.
Any person convicted of a misdemeanor under the
provisions of the Vernon City Code 1959 shall be punishable by a
fine of not more than Five Hundred and NO/100ths Dollars
($500.00), or by imprisonment in the County Jail for a period not
exceeding six (6) months, or both such fine and imprisonment.
Each day during which any such violation of this
chapter continues shall be deemed and is hereby declared to be a
separate offense.
SECTION 2: This ordinance is hereby declared to be ur-
gently required for the immediate preservation of the public
peace, health, safety, comfort, convenience and general welfare
of the City of Vernon and its inhabitants, and shall take effect
immediately upon its adoption. The following is a statement of
the facts necessitating the urgency:
(a) In order tha t the City of Vernon may im-
mediately provide for the prevention of assaults and threats by
means of replica firearms and simulation of firearms which is vi-
tal for the preservation of the public safety.
SECTION 3: That the City Council of the City of Vernon
hereby urges the State Legislature to pass a similar law
statewide and also requests the Congress of the United States to
enact legislation under the Commerce Clause requiring manufac-
turers to provide safety warnings and distinctive identification
on toy or replica guns.
SECTION 4: That any ordinance or parts of ordinances in
conflict with this ordinance are hereby repealed.
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SECTION 5:
I f any section, subsection, sentence,
clause, or phrase or word of this ordinance is for any reason
held to be void or unconstitutional, such decision shall not af-
feet the validity of the remaining portions of this ordinance; it
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being the intention of the City Council of the City of Vernon to
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adopt and pass this ordinance and each section, subsection, sen-
tence, clause or phrase thereof irrespective of the fact that one
or more of the sections, subsections, clauses, sentences or
phrases thereof may be declared void or unconstitutional.
SECTION 6: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen
(15) days after its passage in accordance with Section 36933 of
the Government Code, in three (3) of the most public places in
the City of Vernon, to wit:
the northwest corner of 38th Street
and Santa Fe Avenue, the northeast corner of Leonis Boulevard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
the City of Vernon, County of Los Angeles, State of California.
APPROVED AND ADOPTED this 22nd day of September, 1987.
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LJS ANGELEE:
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IWJJCE v. M^].I,:I:N1JORS'l', City Clerk of the Ci ty of
5 Ver !lon, (:0 !:'.'reby cor t i!:y tha t the foreqoinq Old inance, being
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C rc~ iniJ.!lcC' No. 972 , was duly Llnd regu lar Iy introduced
7 at a regular meeting of t~e City Council of the City of Vernon,'
held on _~~~tembe_~_ 22, 1987
and thereafter finally adopted
9 3~ a reGular meeting of said City Council held on
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September 22, 1987
, by the following vote:
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NOES:
Councilmen: Malburg, Ybarra, McCormick, Davis
Gonzales
Councilmen: None
lI.YES:
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,\n~,ENT :
Councilmen: None
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Gruce V. Malkenhorst, City Clerk
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