Item 8-A

City Council Meeting: 02-16-99 Santa Monica, California

TO: Mayor and City Council

FROM: City Attorney

SUBJECT: Ordinance Repealing One Chapter and Various Sections of the Santa Monica Municipal Code Relating to the Waiting Period for the Sale of Rifles, Replica Firearms, and the Sale and Possession of Firearms, Knives and Other Devices by Minors

Introduction

At its meeting on February 2, 1999, the City Council introduced for first reading an ordinance repealing Municipal Code provisions relating to the waiting period for the sale of riles, replica firearms, and the sale and possession of firearms, knives and other devices by minors because state law now covers these areas. The attached ordinance is now presented to the City Council for adoption.

Recommendation

It is respectfully recommended that the accompanying ordinance be adopted.

PREPARED BY: Marsha Jones Moutrie, City Attorney

Barry Rosenbaum, Senior Land Use Attorney

Claudia Thompson, Legal Admin. Staff Assistant

_______________________________________________________________

ORDINANCE NUMBER ____

(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA REPEALING ONE CHAPTER AND

VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL

CODE RELATING TO THE WAITING PERIOD FOR THE

SALE OF RIFLES, REPLICA FIREARMS, AND THE SALE

AND POSSESSION OF FIREARMS, KNIVES AND OTHER

DEVICES BY MINORS

WHEREAS, various provisions of the Santa Monica Municipal Code relating to the waiting period for the sale of rifles, replica firearms, and the sale and possession of firearms, knives and other devices by minors are now regulated by state law,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Sections 3.24.040, 3.24.050, 3.24.060, and 3.24.070, and Chapter 3.32 of the Santa Monica Municipal Code, are hereby repealed in their entirety.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:

_________________________

MARSHA JONES MOUTRIE

City Attorney