ORDINANCE NO. 1151

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY AMENDING TITLE 5, CHAPTER 22 OF THE SIMI VALLEY MUNICIPAL CODE RELATING TO AND , AND BOW AND ARROW RANGES

WHEREAS the City recognizes that airsoft and paintball gaming was not envisioned when the regulations regarding firearms were written, and further recognizes that a bow and arrow target range may be established with approval by the Planning Commission; and

WHEREAS the City desires to adopt regulations to allow paintball and airsoft gaming activities in the City; and

WHEREAS pursuant to the provisions of Section 15061(b)(3) of the California Environmental Quality Act, the project is exempt from CEQA and a Notice of Exemption was prepared.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Title 5, Chapter 22 of the Simi Valley Municipal Code, attached hereto as Exhibit A, is hereby amended.

SECTION 2. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

SECTION 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED and ADOPTED this 7th day of December 2009.

Attest:

/s/ /s/ Wendy K. Zimmerman Paul Miller, Mayor of the City of Assistant City Clerk Simi Valley, California

Approved as to Form: Approved as to Content:

/s/ /s/ Tracy M. Noonan, City Attorney Mike Sedell, City Manager

/s/ Peter Lyons, Director Department of Environmental Services

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EXHIBIT A

Chapter 22 WEAPONS

5-22.01 Firearm defined. For the purposes of this chapter, "firearm" shall mean and include rifle, , , revolver, bow and arrow, or any air, gas, or spring weapon, or any other device from which any shot, , or projectile is discharged by force of gunpowder, pressure, or other explosive, including any projectile which carries or contains its own fuel and is propelled by reaction. (§ 5211-1, S.V.M.C., as amended by § 1, Ord. 455, eff. December 10, 1980)

5-22.02 Use restricted. Except as otherwise provided in this chapter, it shall be unlawful to shoot, fire, or discharge any firearm within or outside the City limits such that any shot, bullet, or projectile passes within 300 yards of any person, building, vehicle, or structure within the City limits. (§ 5211, S.V.M.C., as amended by § 1, Ord. 455, eff. December 10, 1980)

5-22.03 Exemptions: Public officers. The provisions of Section 5-22.02 of this chapter shall not apply to any peace officer acting in his official line of duty. (§ 5211-2, S.V.M.C.)

5-22.04 Exemptions: Protection of life, property, and predatory animals. The provisions of Section 5-22.02 of this chapter shall not prohibit the discharge of any firearm when necessary to protect a human life or to destroy or kill any predatory or dangerous animal while defending oneself or another person against an immediate threat of great bodily harm. (§ 5211-3, S.V.M.C., as amended by § 1, Ord. 455, eff. December 10, 1980)

5-22.07.1 Exemptions: Air, gas, or spring weapon: Supervised safety training. The provisions of Section 5-22.02 of this chapter shall not prohibit the use of any air, gas, or spring weapon in conjunction with any safety training program which is organized, supervised, and conducted by any law enforcement agency, national or state firearms ownership or safety organization, or adult-supervised youth organization qualified as a nonprofit organization pursuant to Internal Revenue Code Section 501; provided, that the discharge of any such weapon in the course of such training shall not occur within 300 feet of any inhabited dwelling or between the hours of 10:00 p.m. and 6:00 a.m.; and further provided that any adult who is supervising the program shall be physically present and possess a basic firearms safety certificate or be exempt therefrom pursuant to Penal Code Section 12081(e)(1) through (11) inclusive. (§ 1, Ord. 890, eff. May 15, 1997)

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5-22.07.2 Exemptions: Airsoft Guns and Paintball Guns and Gaming. (a) The provisions of Section 5-22.02 of this chapter shall not prohibit the use of an Airsoft Gun or Paintball Gun in an established and permitted shooting area, which is located in an enclosed building, for target practice and/or airsoft and paintball gaming under adult supervision. This use and associated improvements shall require approval of a Conditional Use Permit per S.V.M.C. Title 9, Chapter 9-26, Section 9-26.030. (b) Airsoft Gun Defined: For the purposes of this chapter, “Airsoft Gun” is defined as any gun, rifle, or pistol which discharges pellets that are powered by compressed gas, spring-action, or an electrically powered gearbox. (c) Paintball Gun Defined: For the purposes of this chapter, “Paintball Gun” is defined as any gun, rifle, or pistol which discharges a plastic ball of “paint” that is designed to break upon impact, and that is powered by compressed gas, spring-action, or an electrically-powered gear box. (d) Airsoft and Paintball Gaming Defined: For the purposes of this chapter, “Airsoft and Paintball Gaming” is defined as a group of individuals who voluntarily participate in goal- oriented play in which players shoot at each other with Airsoft or Paintball Guns. This activity shall be under the supervision of an adult who has the authority and responsibility to enforce specified rules and to end a game in the interest of safety.

5-22.07.3 Exemptions: Nerf-type guns. (a) Nerf-type guns are exempt from the provisions of this Chapter. (b) Nerf-type Gun Defined: For the purposes of this chapter, “Nerf-type Gun” is defined as any gun, rifle, or pistol which discharges styrofoam darts that are powered by compressed gas or spring-action.

5-22.08 Shooting ranges: Use. The provisions of Section 5-22.02 of this chapter shall not be construed to prohibit the establishment or maintenance of any pistol, rifle, or target range approved by the City, nor to prohibit the discharge at any target thereon, by any person using such range, of any firearm in or on such range in the event such range is so installed, constructed, safeguarded, equipped, and used so as to adequately prevent any bullet, shot, or missile from being projected beyond the confines of such range. (§ 5211-4, S.V.M.C., as renumbered by § 1, Ord. 261, eff. November 25, 1976)

5-22.09 Shooting ranges: Permits. No range for the shooting of any firearm may be established or maintained without a permit issued by the Council, except for a bow and arrow target practice range. (§ 5211-4.1, S.V.M.C., as renumbered by § 2, Ord. 261, eff. November 25, 1976)

ORD. NO. 1151

5-22.10 Use by minors. It shall be unlawful for any person under eighteen (18) years of age to possess in a public place in the City any firearm, bow and arrow, or air, gas, or spring weapon, except as follows: (a) Under supervision. When such person is in the immediate charge of a parent, guardian, or adult person having the responsibility for the conduct of such person under eighteen (18) years of age; (b) Hunting. When such person is lawfully hunting pursuant to the provisions of the Fish and Game Code of the State; (c) Training. When such person is engaged in marksmanship training or firearm safety training under the supervision of a competent adult instructor at an established range or shooting area; and (d) Dismantled. When such person is carrying a firearm unloaded and either in a dismantled or "take-down" condition, or completely wrapped, or in a carrying case made for the purpose of carrying such firearm. (§§ 5212 and 5212-1 through 5212-4, S.V.M.C., as renumbered by § 3, Ord. 261, eff. November 25, 1976)

5-22.11 Model rockets. Nothing in this chapter or in Chapter 1 of Title 10 of this code shall prohibit the sale, possession or use of model rockets, as defined by California Code of Regulations Title 19, Article 17 inclusive, within the Simi Valley City limits, provided that the requirements of all applicable California State, Ventura County and City of Simi Valley Codes are met, and any applicable regulations of the Simi Valley Recreation and Park District or Simi Valley Unified School District are complied with. (§ 1, Ord. 849, eff. October 26, 1995)

5-22.12 Reporting lost or stolen firearms. (a) Any person residing or doing business in the City, who owns or possesses a firearm, as defined in the Penal Code, shall report the theft or loss of the firearm to the Simi Valley Police Department within seventy-two (72) hours after his or her discovery or knowledge of the theft or loss. (b) Any person residing or doing business in the City, who has experienced the loss or theft of a firearm, as defined in the Penal Code, in the City within the five (5) years prior to September 13, 2007, without the firearm having been recovered during such time, shall report the theft or loss to the Simi Valley Police Department within ninety (90) days of September 13, 2007. (c) Any person who fails to report a lost or stolen firearm pursuant to this section, when the person knew or should have known of the theft or loss, is guilty of a misdemeanor and is punishable as provided in Chapter 2 of Title 1 of this Code. (§ 1, Ord. 1119, eff. September 13, 2007)