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HomeMy WebLinkAbout4A-10 ORDINANCE NO. 4A-10 AN ORDINANCE REGULATING THE SALE OF GUNS OR OTHER SIMILAR INSTRDNENTS TO MINORS AND THEIR POSSESSION BY MINORS, AND AMENDING ORDINANCE NO. 4-A BY MAKING CERTAIN .ADDITIONS TO ~THE SANTA CLARA COUNTY ORDINANCE CODE THEREIN ADOPTED BY REFERENCE The City Council of th~ City of Saratoga does hereby ordain as follows: SECTION l: .S. ECTION 1.1: It shall be unlawful for any person to sell or give to any minor in the ;City of Saratoga under the age of 18 years, without the Written consent of his or her parent or guardian, any rifle, gun, pistol, revolver, air rifle, BB gun or other similar instrument from which or by means of which any bullet shot or other missile of any kind may be projected, and it shall be further unlawful for any such minor to use or possess any such rifle, gun, pistol, revolver, air rifle, BB g~n or other similar instrument from or by means of which ~any bullet shot or other missile of any kind may be projected. without the written consent of such parent or guardian~ carried on the person of. such minor at such .time of possession or use of any such instruments. SECTION 1.~: Upon arrest of any person for violation of the above section, the Sheriff's department of the'C0unty of Santa Clara is authorized ~to confiscate and impound any such instrument as hereinabove defined in the.possession~ of the person arrested and. to held the same as evidence', which said instrument shall be returned to such person upon the dismissal .of all charges against him or upon a final judicial determinatibn that such person was not guilty. If any such person i~ convicted of a violation of this ordinance, such instrument theretofore impounded by the Sheriff's office and which instrument was used in the violation for which such person was convicted, the same shall be forfeited to the City of Saratoga'. S~ECTION 2: SECTION 2.1: SectiOn 1 of OrdinanCe ~-A of the City of Saratoga is amended by adding to Title 8, "PUBLIC SAFETY" of the Santa Clara County Ordinance Code therein adopted by reference, the above. set forth section to~be known as Article 1~ thereof. SECTI.0N ~: SECTION .~.l: Violation. of this ordinance shall be a misdemeanor~ and in the case of a person violating the provisions concerning the sale of such instruments to minors without their parent or guardian'~ written consent, the fine shall be not less than $2~.00. SECTION ~: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court. of competent jurisdiction to be invalid~ such decision shall not affect the validity of the remaining portions of'this ordi~a~ce. The City Council of the City of Saratoga hereby declares that~,it would have. passed this ordinance ,and each section~ subsection~"sen- tence, clause and phrase thereof, 'irrespective of the fact that any one or more sections~'subsections~ sentences, clauses or phrases be held invalid or unconstitutional.~ This ordinance was regularly introduced and after the waiting time required by law was thereafte~ passed and adopted this 6th day of August , 1958 by the following Vote: AYES: Brazil, Glennon, Jepsen, La~gwill, Rosasco NOES: None ~AYOR The above and foregoi g is a ATTEST~ ~ . copy Of Ordinance ~/c~ true and correct - i which has been / ; published accorffing to law. -~ ~;%" ~ ~" DePuty City cle k ~ ' ' ~ ~ - / -2-