ORDINANCE NO. ____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA AMENDING SECTION 9.25.050 OF THE GLENDALE
MUNICIPAL CODE, 1995, PERTAINING TO EXEMPTIONS TO THE
BAN ON THE POSSESSION OF FIREARMS AND AMMUNITION ON
CITY PROPERTY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1.Legislative Findings
A. On March 19, 2013, the Council adopted Ordinance No. 5794 which added Chapter 9.25 of the Glendale Municipal Code, 1995, relating to possession and sale of firearms and ammunition on City property.
B. In adopting Ordinance No. 5794, the Council set forth its legislative purpose, as described in Glendale Municipal Code Section 9.25.010, to:
1. Protect public safety by protecting vulnerable populations― a high number of people who congregate at sensitive places such as city buildings, city playgrounds, city community centers, and other city public facilities;
2. Enable the public to visit the city’s properties, buildings, and facilities (“city properties”) without fear of endangerment from gun violence or accidental injuries; and
3. Prevent city properties from being used to subsidize activities that can endanger public safety and health.
C. In adopting Ordinance No 5794, the Council made legislative findings as set forth in Glendale Municipal Code Section 9.25.020, which findings the Council finds remain true and which are incorporated herein by reference.
D. In adopting this Ordinance, the Council is adding individuals and locations who are exempt from the ban on the possession of firearms on City property, in part to comply with United States Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, et al. (2022) 142 S. Ct. 2111.
E. The Council finds that this Ordinance makes minor amendments to the exemption provisions of Section 9.25.050 and, as amended, the provisions of Chapter
9.25 continues to serve the legislative purposes set forth in Glendale Municipal Code Section 9.25.020.
SECTION 2. Section 9.25.050 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:
9.25.050 Exceptions—Ban on possession.
Section 9.25.040 does not apply to the following:
A. A peace officer, retired peace officer, or person assisting a peace officer when authorized to carry a concealed weapon or a loaded firearm under California law or under 18 U.S.C. § 926B or § 926C, or any successor legislation.
B. A member of the armed forces when on duty.
C. Any person bringing a firearm onto city property in order to exchange or transfer or relinquish it to the Glendale Police Department, in compliance with any Glendale Police Department operated or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms from the public.
D. A military or veteran’s organization carrying unloaded weapons while parading.
E. Individuals delivering firearms and ammunition as authorized by California or federal law, to or from the Glendale Police Department.
F. A guard or messenger of a common carrier, bank, or financial institution, or an armored vehicle guard when authorized by applicable California or federal law to carry the firearm and when engaged in the exercise of official duties on city property.
G. A person who is lawfully at and using the city’s target range in accordance with its rules and applicable law.
H. An honorably retired federal officer or agent of a federal law enforcement agency, when authorized to carry a concealed or loaded weapon under California or federal law.
I. A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded firearm and when engaged in the exercise of official duties on city property.
J. A security officer appointed by a sheriff or police chief for the protection of government property under applicable California or federal law.
K. An officer authorized to transport prisoners under applicable California or federal law.
L. An authorized participant in a motion picture, television, film or video production, or musical or theatrical production when the participant lawfully uses an unloaded firearm as part of that production.
M. Individuals with validly issued concealed carry weapon (“CCW”) permits as it pertains to possession on City-owned open spaces, parks, the Glendale Civic Auditorium, parking lots and playgrounds, but, as it pertains to playgrounds, only when the CCW permit holder is in the company of their minor children, or other children they are there to care for or supervise, at the playground. “Playground”, as used herein, shall mean, refer and relate to City-owned property where a child play structure is present.
Individuals with CCW permits not caring for or supervising children shall not be permitted to possess firearms or ammunition in a playground or within a fifty (50) foot radius surrounding a playground, however to the extent that the fifty (50) foot radius renders a surrounding park inaccessible, the Ordinance shall not apply for the limited purpose of allowing such CCW permit holders access to the surrounding park. Nothing in this subdivision (M) shall be construed to authorize or permit conduct that violates any state law regarding the possession of firearms in or local government property that is legally in effect.
SECTION 3.Compliance with California Environmental Quality Act The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and, therefore, an environmental review is not required under Section 15061(b)(3)[no possibility exists that the activity in question may have a significant effect on the environment] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and would otherwise be exempt under Section 15301 of the CEQA Guidelines [operation of existing public or private structures and facilities].
SECTION 4.Severability
This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
Adopted by the Council of the City of Glendale, California on the _____ day of ______________________, 2023.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance No. ______ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _____ day of ____________, 2023, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
______________________________
City Clerk