DATE:
September 26, 2023
CATEGORY:
Consent
DEPT.:
City Attorney’s Office
TITLE: Firearm Safety Ordinances
(Second Reading)
RECOMMENDATION
1. Adopt an Ordinance of the City of Mountain View Amending Chapter 18 of the Mountain View City Code to Add Article II “Firearm Dealers” to Impose Local Permit Requirements on Firearm Dealers Operating Within the City of Mountain View, to be read in title only, further reading waived (Attachment 1 to the Council report) . (First reading: 6 ayes, 0 nays, 1 absent)
2. Adopt an Ordinance of the City of Mountain View Amending Chapter 36, Zoning, of the Mountain View City Code to Add Firearms and Ammunition Retailing as a Prohibited Home Occupation Use, to be read in title only, further reading waived (Attachment 2 to the Council report). (First reading: 6 ayes, 0 nays, 1 absent)
SUMMARY
On September 12, 2023, the City Council introduced two ordinances that do the following:
• Require firearm dealers to obtain an annual permit from the Mountain View Police Department (MVPD);
• Impose locational restrictions on firearm dealers:
— 250 feet from schools, daycares, and parks; and
— Compliance with applicable zoning regulations; and
• Prohibit firearm dealers from operating as home occupations (Attachments 1 and 2).
This is a second reading of the ordinances. If adopted, the ordinances become effective on October 26. Existing firearm dealers woul d be required to apply for a permit with MVPD by
Firearm Safety Ordinances (Second Reading)
September 26, 2023
January 24, 2024. Any firearm dealers operating as home occupations would be required to cease operation one year after the effective date, October 26, 2024.
If adopted, staff will send special notices to all existing firearm dealer businesses to inform them of the requirements for compliance with the ordinances.
FISCAL IMPACT
Fiscal impacts will be limited to staff time required for preparation, investigation, and processing of applications, enforcement, and prosecution.
ALTERNATIVES
1. Do not adopt the ordinances.
2. Provide other direction.
PUBLIC NOTICING
Agenda posting and a special notice was sent directly to existing firearm dealers in the City. The ordinance was published at least two days prior to adoption in accordance with City Charter Section 522.
Prepared by:
Diana Fazely
Assistant City Attorney
Jennifer Logue
City Attorney
Approved by:
Audrey Seymour Ramberg
Assistant City Manager
DF-JL/6/CAM
013-09-26-23CR
203459
Attachments: 1. Ordinance Amending Chapter 18 of the Mountain View City Code
2. Ordinance Amending Chapter 36 of the Mountain View City Code