HomeMy WebLinkAbout1999 084 CC RESO1999 084 CC RESO¹òw @˜ M RESO 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
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1999 084 CC RESO¹òw @˜ M RESO 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
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1999 084 CC RESO¹òw @˜ M RESO 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
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1999 084 CC RESO¹òw @˜ M RESO 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
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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.
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1999 084 CC RESO¹òw @˜ M RESO 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
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