Ordinance 3269CITY OF ALAMEDA ORDINANCE NO. 3269
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
PROVISIONS TO SECTION 4-32 (FIREARMS AND WEAPONS) OF
ARTICLE V (FIREARMS AND EXPLOSIVES) OF CHAPTER IV
(OFFENSES AND PUBLIC SAFETY), REQUIRING SAFE STORAGE
OF FIREARMS
WHEREAS, gun violence and gun injuries have a significant adverse effect on public
health and safety; and
WHEREAS, stolen firearms contribute to higher rates of crime and gun violence; and
WHEREAS, unsecured firearms raise the risk of injuries from wrongful firearm
discharges, including suicides and accidental discharge; and
WHEREAS, trigger locks and lockboxes for the home storage of firearms reduce the
chance of stolen firearms and wrongful discharge of firearms; and
WHEREAS, improperly secured firearms contribute to a higher risk of stolen firearms
and wrongful discharge of firearms; and
WHEREAS, trigger locks and lockboxes do not prevent firearms from being easily
accessed in case of emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
ORDAIN AS FOLLOWS:
Section 1. Section 4-32 (FIREARMS AND WEAPONS) of Article V {FIREARMS AND
EXPLOSIVE) of Chapter IV (OFFENSES AND PUBLIC SAFETY) of the Alameda
Municipal Code is amended, as follows (in redline; otherwise no change):
4-32-FIREARMS AND WEAPONS.
4-32.1 -Definitions.
Firearm means any device, designed to be used as a weapon or modified to be
used as a weapon, from which is expelled through a barrel a projectile by the force of
an explosion or other form of combustion.
Residence means any structure intended or used for human habitation, including
but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room
occupancy units, time shares, and recreational and other vehicles where human
habitation occurs.
Locked container means a secure container that is fully enclosed and locked by
a padlock, key lock, combination lock, or similar locking device as defined by California
Penal Code Section 16850, as amended from time to time or is listed on the California
Department of Justice Bureau of Firearms roster of approved firearm safety devices.
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 California Penal Code Section 23635, as may be amended from time to
time.
4-32.2 -Use of Firearm in City.
Unless otherwise lawful, no person shall fire, discharge, or cause to be fired or
discharged, any firearm within the limits of the City.
4-32.3-Safe Storage of Firearms in a Residence.
No person shall keep a firearm within any residence or upon any residential
premises, unless the firearm is stored in a locked container or disabled with a trigger lock
within a residence.
This provision shall not apply when the firearm is carried on the person of an
individual in accordance with all applicable laws.
4-32.4-Exception for Reporting Theft or Loss.
A person who owns or possesses a Firearm who reports to the Alameda Police
Department that a Firearm was stolen or lost within 24 hours of the time they knew or
reasonably should have known that the firearm had been stolen or lost shall not be subject
to administrative citations for violation of Section 4-32.3.
4-32.5 -Projectile Weapons Prohibited.
No person shall discharge upon any public street or place in the City any gun, by
means of which any missile is projected by a spring, bow, or compressed air, or use
slingshots, slings, bows, or any other implement whereby stones, beans, shot, pebbles,
or other substance are projected.
4-32.6-Penalties for Violations.
Notwithstanding Section 1-5 and subject to subsection 4-32.4, violations of this section
shall carry the following penalties:
a. Any person violating any provision of this section may be subject to administrative
citations. The fine for such violations shall be two hundred fifty ($250.00) dollars
for the first offense, a fine of five hundred ($500.00) dollars for a second offense
within a one (1) year period and a fine of one thousand ($1 ,000.00) for a third
offense within a one (1) year period.
b. Any person violating any provision of this section, except for subsection 4-32.3,
shall be guilty of an infraction which shall be punishable by a fine not exceeding
two hundred fifty ($250.00) dollars, or a misdemeanor, which shall be punishable
by a fine not exceeding one thousand ($1 ,000.00) dollars per violation, or by
imprisonment in the County jail for a period not exceeding six (6) months, or by
both such fine and imprisonment.
Section 2. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance, for any reason,
is held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council of the City
of Alameda hereby declares that it would have passed this ordinance, and each section,
subsections, clause, or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases are declared to be invalid and
unconstitutional.
Section 3: IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effectuate this Ordinance.
Section 4: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is exempt from
review under the California Environmental Quality Act (CEQA) pursuant to the following,
each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project)
and Section 15061 (b)(3) (no significant environmental impact).
Section 5: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
Attest
Lara Weisiger, City Cl
******
I, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 17th day of March, 2020, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft-5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 18th day of March, 2020.
APPROVED AS TO FORM:
n Shen, City Attorney
ity of Alameda
City of Alameda