HomeMy WebLinkAboutOrdinance 358 - storage of firearmsORDINANCE NO. 358
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADDING
CITY CODE ARTICLE 6-35 REGARDING STORAGE OF FIREARMS
The City Council of the City of Saratoga finds that:
1. Firearm injuries have a significant adverse public health and safety impact nationally,
regionally, and locally.
2. A Santa Clara County Public Health Department report released in April 2018 state that
11% of injury deaths in Santa Clara County were due to firearms injuries. On average,
there were 81 deaths per year in the County resulting from firearm injuries from 2012 to
2016.
3. An estimated one in 10 adults in Santa Clara County keep a firearm in or around their
home in 2013 through 2014 according to a 2018 Santa Clara County Public Health
Department report.
4. Improperly stored or secured firearms may result in accidental firearm injuries or deaths,
particularly in homes with children, and are susceptible to theft.
5. In the City of Saratoga, 17 firearms were reported as stolen between 2014 and 2017.
6. Providing for safe storage of guns in homes is one strategy for preventing accidental
shootings and theft.
7. The City Council of the City of Saratoga held a duly noticed public hearing on November
7, 2018, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
The City Council of the City of Saratoga does ordain as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Attachment A.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section,
sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Page 1
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15060(c)(2),
15060(c)(3), and 15061(b)(3). CEQA applies only to projects which have the potential of causing
a significant effect on the environment. As here, where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on November 7, 2018 and was adopted
by the following vote on November 21, 2018.
COUNCIL MEMBERS:
AYES: Mayor Mary -Lynne Bernald, Vice Mayor E. Manny Cappello, Council Members
Howard A. Miller, Emily Lo
NOES:
ABSENT:
ABSTAIN: Council Member Rishi Kumar
ATT
Deb.ie r schneider
INTERIM CITY CLERK
APPROVED AS TO FORM:
,
Richard Taylor
CITY ATTORNEY
SIGNED:
Mary-Bernald
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE: /(7 it —lc)
DATE:
lAitk\tb
Page 2
Attachment A — Article 6-35 Firearms
Chapter 6 of the Saratoga Municipal Code is amended to adopt the Article set forth below:
Article 6-35 — Firearms.
6-35.010 Storage of Firearms in a Residence.
Except when carried on his or her person, or in his or her immediate control and possession, no
person shall keep a firearm (as defined in California Penal Code 16520 or as amended) in any
residence in Saratoga owned or controlled by that person unless the firearm is stored in a locked
container (as defined in California Penal Code 16850 or as amended) or the firearm is disabled
with a safety device that is listed on the California Department of Justice's roster of approved
firearm safety devices.
6-35.020 Violations.
The violation of any provision contained in this Article is hereby declared to be unlawful and
shall constitute an infraction, subject to the penalties as prescribed in Chapter 3 of this Code. In
order to encourage reports to law enforcement agencies of lost or stolen firearms, a person who
files a report with a law enforcement agency notifying the agency that a firearm has been lost or
stolen shall not be subject to any code enforcement proceeding for any alleged violation of
section 6-35.010 above.
1002722.3
Page 3