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HomeMy WebLinkAbout420252 ORDINANCE NO. 420 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING SECTIONS 9.48.031, AND 9.48.032 TO THE IRWINDALE CITY CODE REGARDING THREATS AND ASSAULTS WITH REPLICA FIREARMS. THE CITY COUNCIL OF THE CITY OF IRWINDALE ORDAINS AS FOLLOWS: Section 1. Sections 9.48.033--9.48.032 are hereby added to the Irwindale City Code to read: Section 9.48.031. Replica Firearms and Firearms Definitions. a) As used in Sections 9.48.030, 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 Sections 12001, 12001.5, 12020(d)(1), and 12570 of the State Penal Code. b) For purposes of such sections, 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. Violation of section 9.48.031 -penalty. Section 9.48.032,. 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 firearm is guilty of a misdemeanor. Section 2. The immediate prevention of assaults and threats by means of replica firearms and simulation of firearms is vital to preservation of public safety. By reason of the foregoing, this ordinance shall take effect immediately upon passage hereof. Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published according to law. APPROVED and ADOPTED this 24th day of September, 198 Arthur Tapia, Mayor Ordinance No. 420 ATTEST: &�M� A Deputy City Clerk I, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing ordinance, being Ordinance No. 420, was introduced an an urgency ordinance at a regular meeting of the City Council held on September 24, 1987 and was approved passed and adopted by said Council by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: J. Breceda, R. Diaz, P Tapia None J. Cast ellanos I Deputy City Clerk Miranda, A. 26"