HomeMy WebLinkAbout2021-09-13 Ordinance 5530Ordinance No. 5530
Ordinance of the Council of the City of Palo Alto Amending Title 9, Public
Peace, Morals and Safety, of the Municipal Code to Add Chapter 9.07 Requiring
Safe Storage of Firearms in Palo Alto Residences to Prevent Improper Firearm
Access
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Suicides and accidental deaths by firearms are one of the leading - and most
preventable - causes of death in the United States. Nearly 40,000 lives were lost to
firearms in 2017, the most recent year with complete data, and there are indications
the number is rising. Suicides account for 6 out of 10 firearm-related deaths.
B. For non-fatal shootings, the numbers are much higher. According to the Brady
Institute, approximately 114,000 people are shot each year in the US, of which
almost 8,000 are 17 years old or younger.
C. 2020 has seen a record-setting number of firearm purchases, and many of these are
to first-time firearm owners, who may not be familiar with proper safety and storage
practices.
D. A safe storage requirement can help prevent the theft of firearms and may reassure
and protect our public safety personnel.
E. Gun theft is an important way that guns enter the illegal market. Gun owners who
safely store their firearms experience gun thefts at a lower rate than those who do
not. The ATF estimates that about 10-15% of stolen guns are used in subsequent
crimes.
F. Therefore, the City Council is updating the Guns and Explosives Chapter of the Public
Peace, Morals and Safety Code, Chapter 9.07 in Title 9 of the Palo Alto Municipal
Code, to promote the safety of Palo Alto residents, visitors, and public safety
personnel by adopting local legislation that requires the safe storage of firearms in
residences.
DocuSign Envelope ID: 76A4263D-1F3F-4181-80E3-99680AA29C04
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SECTION 2. Title 9 (Public Peace, Morals and Safety) is hereby amended to add
Chapter 9.07 (Safe Storage of Firearms) as follows:
9.07 SAFE STORAGE OF FIREARMS
9.07.010 Definitions
(a) For the purpose of this chapter, "firearm" means a firearm as defined in Section
16520 of the Penal Code of the State of California.
(b) "Locked container" means a Locked Container, as defined in Section 16850 of
the Penal Code of the State of California listed on the California Department of Justice
Bureau of Firearms roster of approved firearm safety devices. For purposes of this
chapter, a Locked Container does not include a bag or other container made of fabric
or other penetrable material, such as a regular purse, backpack, or gym bag.
(c) "Residence" means any structure intended or used for human habitation,
including but not limited to houses, condominiums, rooms, accessory dwelling units,
motels, hotels, single room occupancies, time shares, recreational vehicles, and
other vehicles where human habitation occurs.
(d) "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 Section 23635 of the Penal Code of the
State of California.
9.07.020 Safe Storage of Firearms
Except when carried on the person, no person shall keep a firearm in any residence
unless the firearm is stored in a locked container or is disabled with a trigger lock.
9.07.030 Exception
To encourage reporting of lost or stolen firearms, a person who complies with
Section 25250 of the Penal Code of the State of California by reporting the loss or
theft of a firearm they own or possess to a local law enforcement agency within five
days from the time they knew or reasonably should have known the firearm had been
lost or stolen from their residence where the firearm was improperly stored shall not
be penalized for that violation of section 9.07.020.
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SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED: August 30, 2021
PASSED: September 13, 2021
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
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Subject: Please DocuSign: ORD 5530 Amending Title 9 to Add Chapter 9.07 Requiring Safe Storage of Firear...
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Document Pages: 3 Signatures: 4 Envelope Originator:
Certificate Pages: 2 Initials: 0 Danielle Kang
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250 Hamilton Ave
Palo Alto , CA 94301
Danielle.Kang@cityofpaloalto.org
IP Address: 199.33.32.254
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Danielle.Kang@cityofpaloalto.org
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Molly Stump
Molly.Stump@CityofPaloAlto.org
City Attorney
City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Tom DuBois
tomforcouncil@gmail.com
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Lesley Milton
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City Clerk
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