ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AMENDING CHAPTER 9.24 (DANGEROUS WEAPONS) OF THE EAST
PALO ALTO MUNICIPAL CODE BY AMENDING ARTICLE I (GENERAL PROVISIONS); AMENDING ARTICLE II (DISCHARGE AND
POSSESSION OF FIREARMS); AND ADDING A NEW ARTICLE V
(FIREARMS STORAGE)
WHEREAS, gun violence and gun injuries have a significant adverse effect on public health and safety; and
WHEREAS, specifically, the month of January 2023 has already proved to be the deadliest month for mass shootings in California in at least a decade; to date, 27 people have been killed in five mass shootings in January alone, along with another 20 having sustained injuries from such shootings; and
WHEREAS, stolen firearms contribute to higher rates of crime and gun violence; and
WHEREAS, unsecured firearms raise the risk of injuries from wrongful firearm discharges, including suicides and accidental discharge; and WHEREAS, trigger locks and lockboxes for the home storage of firearms reduce the chance of stolen firearms and wrongful discharge of firearms; and WHEREAS, improperly secured firearms contribute to a higher risk of stolen firearms and wrongful discharge of firearms; and
WHEREAS, as noted by Everytown and Moms Demand Action, trigger locks and lockboxes do not prevent firearms from being easily accessed in case of emergency; and WHEREAS, on March 21, 2023, after staff’s report, public comment, and deliberation the Council made minor amendments, noted herein, the City Council of the City of East Palo waived the first reading and introduced the Ordinance; and WHEREAS, on April 4, 2023, staff published a report that included additional evidence in the record, as noted therein, including evidence supporting a public comment stating that a safe storage ordinance does not negate the ability of the gun owner to use the firearm for self-defense and a clarification that the proposed ordinance would not apply to those carrying a firearm in compliance with applicable law, including lawful concealed carry, when used in self-defense within the home (Penal Code Section 198.5), etc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council finds that all the foregoing recitals are true and correct and incorporated herein by reference. Based thereon, the City Council hereby finds that the Ordinance is in the public interest.
SECTION 2. ARTICLE I OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article I (GENERAL PROVISIONS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.010 - Definitions.
For the purposes of this chapter, certain terms, phrases and words shall be construed as follows:
"Dangerous weapon" means and includes, but shall not be limited to the following: Any knife with a blade three inches or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm. “Firearm” means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.
“Locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device as defined by California Penal Code Section 16850, as amended from time to time or is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. "Public place" means and includes, but shall not be limited to, the following: Any public street, way, sidewalk, alley, public park, beach, recreational area, school, public building or place of public resort, any place where an athletic event, dance or other such gathering to which the public or a number thereof are admitted, and any place where alcoholic beverages are sold.
“Residence” means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room occupancy units, time shares, and recreational and other vehicles where human habitation occurs.
"Switch-blade knives" means and includes, but shall not be limited to, the following: All spring-blade knives, snap-blade knives, or other similar knives of which any blade thereof, regardless of length, is released automatically by a spring mechanism or other mechanical device, or is released by any type of mechanism whatsoever. “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices, and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635, as may be amended from time to time.
SECTION 2. ARTICLE II OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article II (DISCHARGE AND POSSESSION OF FIREARMS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.060 -– Definitions[RESERVED.].
"Firearms" means a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, BB gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
SECTION 3. ADDING A NEW ARTICLE V (FIREARMS STORAGE)
The City Council hereby amends Chapter 9.24 of the East Palo Alto Municipal Code to add a new Article V (Firearms Storage) as set forth below (in redline; otherwise, no change):
9.24.190 – Safe Storage of Firearms in a Residence.
No person shall keep a firearm within any residence or upon any residential premises, unless the firearm is stored in a locked container or disabled with a trigger lock within a residence. This provision shall not apply when the firearm is carried on the person of an individual in accordance with all applicable laws.
9.24.200 – Exception for Reporting Theft or Loss.
A person who owns or possesses a Firearm who reports to the East Palo Alto Police Department that a Firearm was stolen or lost within 24 hours of the time they knew or reasonably should have known that the firearm had been stolen or lost shall not be criminally prosecuted for violation of 9.24.200.
9.24.210 – Penalties for Violations.
Notwithstanding Chapter 1.14 (Administrative Remedies) and subject to Section
9.24.200, violations of this section shall carry the following penalties:
a. Any person violating any provision of this section may be subject to administrative citations. The fine for such violations shall be two hundred fifty ($250.00) dollars for the first offense, a fine of five hundred ($500.00) dollars for a second offense within a one (1) year period and a fine of one thousand ($1,000.00) for a third offense within a one (1) year period.
b. Any person violating any provision of this section shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty ($250.00) dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand ($1,000.00) dollars per violation, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378. Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.
SECTION 5: IMPLIED REPEAL.
Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
SECTION 6. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its adoption.
SECTION 8. PUBLICATION.
The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
This Ordinance was introduced at the March 21, 2023 meeting of the City Council of the City of East Palo Alto.
PASSED AND ADOPTED this 4th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney