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HomeMy WebLinkAbout1999 084 CC RESO1999 084 CC RESO¹òw @˜MRESO 99-84 OCT 20 1999H%m8 RESOLUTION NO.99-84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A PROCEDURE FOR APPEALING THE CLASSIFICATION OF A FIREARM AS A SATURDAY NIGHT SPECIAL WHEREAS, Section 130.70 of the Baldwin Park Municipal Code hereinafter Municipal Code) requires the Police Chief or his/her designee to compile, publish and maintain a Roster of Saturday Night Specials hereinafter Roster consisting of firearms which said officer classifies as a Saturday Night Special within the meaning of Section 130.70 of the Municipal Code; WHEREAS, Section 130.70 of the Municipal Code requires the Police Chief or his/her designee to publish the Roster on a semi-annual basis and to send a copy of the Roster to every dealer within the City who is license to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California; and WHEREAS, Section 130.70 of the Municipal Code prohibits any wholesale or retail gun dealer from selling, offering or displaying for sale, giving, lending or transferring ownership of any firearm listed on the Roster. NOW THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. Purpose. It if the purpose of the City of Baldwin Park to establish a procedure for appeal of the classification of a firearm as a Saturday Night Special. SECTION 2. Notification of Initial classification. Upon completion of a list of firearms to be placed on the Roster for the first time, the Police Chief or his/her designee shall endeavor to send written notification to: 1) the manufacturer of every firearm on said list, and 2) every dealer within the City who is license to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California. Such notification shall do the following: a. Identify the model number of the firearm which has been classified as a Saturday Night Special within the meaning of Section 130.70 of the Baldwin Park Municipal Code; and b. Advise the recipient that, within ten 10) days of the notice, it may apply for reconsideration of the classification of the firearm as a Saturday Night Special; and BIB] 37175-U01 RESO-U02 99-84-U02 OCT-U02 20-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2335-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 BIB] 37425-U01 1999-U02 084-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 1999 084 CC RESO¹òw @˜MRESO 99-84 OCT 20 1999H%m8 Resolution No.99-84 C. Advise the recipient that the burden of proving a firearm does not constitute a Saturday Night Special within the meaning of Section 130.70 of the Baldwin Park Municipal Code shall be on the recipient. SECTION 3. Reconsideration by Police Chief A. Application. The form and content of an application for reconsideration shall include the following: 1. A sample of the firearm to be reconsidered, along with an affidavit that it is identical to the model(s) intended for sale and/or distribution within the City of Baldwin Park. The sample must be in the post powerful caliber to be offered for sale in this model; 2. All of the following documentation: a) Full blueprints, including complete views of safety mechanisms, whether active or passive. This is to include views of safety devices in armed and disarmed status. b) Safety drop test limits as stated by the manufacturer; c) Materials list and specifications, including tensile strengths of materials used in main assembly frame and action parts; d) Statement of action spring weight rating, and semi-automatic magazine spring specification, if applicable; e) Standard weights of semi-automatic dynamic assembly slide) and grip frame or receiver; 0 Statement of upper safe limit of cartridge momentum with which the firearm is designed to function g) Statement of number and pressure levels of proof cartridges used by manufacturer in safety testing the submitted evaluation piece, along with affidavit that is consistent with production practice. 3. Any fees as may be required by resolution of the City Council for such reconsideration; and 4. Any other evidence which the applicant considers relevant to the firearms' classification as a Saturday Night Special. If the application for reconsideration is found to be deficient, the City Clerk shall BIB] 37175-U01 RESO-U02 99-84-U02 OCT-U02 20-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2335-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 BIB] 37425-U01 1999-U02 084-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 1999 084 CC RESO¹òw @˜MRESO 99-84 OCT 20 1999H%m8 Resolution No.99-84 deliver or mail the applicant, by certified mail, a notice specifying how the application is deficient. If such deficiency has not been corrected within ten 10) calendars days after mailing of such notice by filing with the City Clerk a sufficient amendment to the application, the application shall be deemed to be withdrawn and the application shall be returned to the applicant. B. Evaluation of Submitted Evidence. Upon the timely filing of one or more complete applications for reconsideration, the Police Chief or his/her designee shall evaluate the evidence submitted by the applicant(s). The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a Saturday Night Special within the meaning of Section 130.70 of the Municipal Code. C. Decision. Within twenty 20) calendar days of receiving a timely application for reconsideration, or as soon thereafter as is feasible, the Police Chief or his/her designee shall send written notification to the applicant(s) indicating the outcome of the reconsideration. If the Police Chief or his/her designee determines that the firearm under reconsideration has been properly classified as a Saturday Night Special, then the applicant(s) shall have ten 10) days to appeal such decision to the Chief Executive Officer CEO herein) for the City of Baldwin Park. SECTION 4. Hearing before CEO. A. Appeal Application. The content of an appeal application to the CEO shall include the following: 1. The specific matter being appealed; 2. A statement of the grounds for appeal or how there is error in the decision of the matter being appealed; and 3. Any fees as may be required by resolution of the City Council for such an appeal. If the appeal is found to be deficient, the City Clerk shall deliver or mail the applicant, by certified mail, a notice specifying how the appeal is deficient. If such deficiency has not been corrected within ten 10) calendar days after mailing of such notice by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the application shall be returned to the applicant. B. Time of Hearing. A hearing on an appeal of a classification of a firearm BIB] 37175-U01 RESO-U02 99-84-U02 OCT-U02 20-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2335-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 BIB] 37425-U01 1999-U02 084-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 1999 084 CC RESO¹òw @˜MRESO 99-84 OCT 20 1999H%m8 Resolution No.99-84 as a Saturday Night Special shall be held and action taken on a date and the time set by the CEO following the timely filing of a complete appeal; in no event shall the hearing on appeal take place more than sixty 60) days after the date on which a timely and complete notice of appeal is received unless the applicant requests an extension. C. Burden of proof The burden shall be on the appellant(s) to demonstrate that the firearm does not constitute a Saturday Night Special within the meaning of Section 130.70 of the Municipal Code. D. Decision. The CEO shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the CEO shall, based on the evidence presented, determine whether the firearm constitutes a Saturday Night Special within the meaning of Section 130.70 of the Municipal Code. The decision of the CEO shall be final. SECTION 5. Publication of Roster. After all appeals have been processed, the Police Chief or his/her designee shall place on the Roster those firearms which have been determined to constitute a Saturday Night Special within the meaning of Section 130.70. The Police Chief or his/her designee shall cause the Roster to be published in the following manner: A. Notification of the Rosters completion shall be published at least once in a newspaper of general circulation published and circulated in the City within fifteen 15) days after its completion; B. A copy of the Roster, certified as a true and correct copy thereof, shall be filed in the office of the City Clerk of the City of Baldwin Park; and C. A copy of the Roster, certified as a true and correct copy thereof{ shall be distributed to every dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California. SECTION 6. Date of Effectiveness of Roster. The Roster shall become effective on the fifteenth day after its publication as set forth in Section 5 of this Resolution. SECTION 7. Additions to the Roster. A. Semi-Annual Determination. On a semi-annual basis, the Police Chief or his/her designee shall determine the need to place additional firearms on the roster. Upon identifying one or more firearms as a Saturday Night Special, the Police Chief or his/her designee shall prepare a draft list of BIB] 37175-U01 RESO-U02 99-84-U02 OCT-U02 20-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2335-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 BIB] 37425-U01 1999-U02 084-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 1999 084 CC RESO¹òw @˜MRESO 99-84 OCT 20 1999H%m8 Resolution No.99-84 additions to the Roster. B. Notification of Additions to Roster. In the event that a draft list of firearms to be added to the Roster is prepared, the Police Chief or his/her designee shall endeavor to send written notification in accordance with the provisions of Section 2 of this Resolution. C. Reconsideration by the Police Chief. Any person who the Police Chief or his/her designee notifies pursuant to paragraph B herein, may within ten 10) days of the notice, apply for reconsideration of the classification of that firearm as a Saturday Night Special in accordance with the provision of Section 3 of this Resolution. Upon receiving a timely and complete application for reconsideration, the Police Chief or his/her designee shall reconsider the classification in accordance with the provision of Section 3 of this Resolution. D. Hearing before CEO. Whenever a firearm has been determined to be properly classified as a Saturday Night Special after reconsideration, the applicant may, within ten 10) days of such decision, file an appeal to the CEO in accordance with the provisions of Section 4 of this Resolution. Upon receiving a timely and complete appeal, the CEO shall hold a hearing in accordance with the provisions of Section 4 of this Resolution. E. Additions of Firearms to Roster. After all appeals have been processed the Police Chief or his/her designee shall place on the Roster those additional firearms which have been determined to constitute a Saturday Night Special within the meaning of Section 130.70. The Police Chief or his/her designee shall cause the Roster, as amended to include these additional firearms, to be published in accordance with the provisions of Section 5 of this Resolution. F. Effective Date of Additions to Roster. The addition of new firearms to the Roster shall not operate to preclude the enforcement of the Roster with respect to the firearms previously listed thereon. The publication of the Roster, as amended to include new firearms, shall be effective as to those newly added firearms on the fifteenth day after its publication as set forth in Section 5 of this Resolution. SECTION 8. That the City Clerk shall certify to the adoption of this resolution and enter it into the original book of resolution. BIB] 37175-U01 RESO-U02 99-84-U02 OCT-U02 20-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2335-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 BIB] 37425-U01 1999-U02 084-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 1999 084 CC RESO¹òw @˜MRESO 99-84 OCT 20 1999H%m8 Resolution No.99-84 PASSED AND APPROVED this 20TH day of October, 1999. Mayor Manuel Lozano ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK I, City Clerk/Deputy of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on October 20th, 1999, by the following vote: AYES: COUNCILMEMBERS: Pacheco, Gair, Van Cleave and Mayor Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None BIB] 37175-U01 RESO-U02 99-84-U02 OCT-U02 20-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2335-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05 BIB] 37425-U01 1999-U02 084-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2342-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-84-U05 OCT-U05 20-U05 1999-U05