HomeMy WebLinkAboutORD 1189ORD 1189 $Í ;¢f4 ž ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK AMENDING TITLE XIII GENERAL OFFENSES) OF THE
BALDWIN PARK MUNICIPAL CODE BY THE REPEAL OF SECTION
130.70 SATURDAY NIGHT SPECIALS-SALE PROHIBITED) WHICH
PROHIBITS THE SALE OF CERTAIN FIREARMS AND THE REPEAL OF
SECTION 130.71 SALE OF AMMUNITION CLIPS AND SIMILAR
DEVICES PROHIBITED) WHICH PROHIBITS THE SALE OF CERTAIN
FIREARM DEVICES
WHEREAS, the City Council adopted Ordinance No. 1148 on November 3,1999,
which added Section 130.70 Saturday Night Specials-Sates Prohibited) to TITLE XIII
GENERAL OFFENSES) of the Baldwin Park Municipal Code.
WHEREAS, the City Council adopted Ordinance No. 1149 on November 3.1999,
which added Section 130.71 Sate of Ammunition Clips and Similar Devices Prohibited)
to TITLE XIII GENERAL OFFENSES) of the Baldwin Park Municipal Code.
WHEREAS, the City Council adopted Ordinance No. 1148 and Ordinance
No. 1149 in a desire to reduce handgun-related crimes; eliminate the self-inflicted
injuries and fatalities caused by the use of poor quality firearms which fail to meet
minimum safety requirements; and make the City's neighborhoods and businesses as
safe as possible.
WHEREAS, the City Council recognized that at the time it adopted Ordinance
Nos. 1148 and 1149, the California State Legislature had not expressly or impliedly.
preempted the area of firearm and firearm device sales and therefore the City of
Baldwin Park was not preempted from adopting an ordinance that prohibited the sale of
hand guns known as Saturday Night Specials, or an ordinance prohibiting the sale of
firearm devices.
WHEREAS, the City Council finds that as a result of its adoption of Ordinance
No. 1148, along with the adoption of similar ordinances by numerous other municipalities
and counties in the State of California, the California State Legislature adopted Penal
Code Section 12125, et seq. Unsafe Handguns) which prohibits the manufacture.
importation and sale of certain unsafe handguns.
WHEREAS, the City Council also finds that as a result of its adoption of
Ordinance NO. 1149. along with the adoption of similar ordinances by numerous other
municipalities and counties in the State of California, the California State Legislature
adopted Penal Code Section 12020(a)(2), et. seq. which prohibits the manufacture.
importation, sale, supply or possession of certain weapons and explosives of certain
firearm devices.
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ORD 1189 $Í ;¢f4 ž Ordinance No. 1189
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WHEREAS, the City Council finds that as a result of the adoption of the
aforementioned legislation by the State of California. Baldwin Park Municipal Code
Sections 130.70 and 130.71 Saturday Night Specials-Sale Prohibited) have served
their purpose and are no longer necessary.
BASED ON THE FOREGOING FACTS AND FINDINGS. THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. That TITLE XIII GENERAL OFFENSES) of the Baldwin Park
Municipal Code is hereby amended by repealing Section 130.70 Saturday Night
Specials-Sale Prohibited) in its entirety.
SECTION 2. That TITLE XIII GENERAL OFFENSES) of the Baldwin Park
Municipal Code is hereby amended by repealing Section 130.71 Sate of Ammunition
Clips and Similar Devices Prohibited) in its entirety.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
ordinance, causing it to be posted and published as required by law and it shall be
effective thirty 30) days after its adoption.
PASSED. APPROVED, AND ADOPTED this 2nd day of July 2002.
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ORD 1189 $Í ;¢f4 ž Ordinance No. 1189
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
ss,
I, Rosemary M. Ramirez, Chief Deputy City Clerk, of the City of Baldwin Park. do
hereby certify that the foregoing Ordinance was introduced at a regular meeting of the
City Council held June 19, 2002 and was adopted by the City Council at its regular
meeting held on July 2, 2002 by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Bill Van Cteave, Linda Gair, Ricardo Pacheco.
Mayor Pro Tern Marten Garcia and Mayor
ManuelLozano
None
None
None
ROSEMARYTB^RAMIREZ. CMC
Chief Deputy City Clerk
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