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Ord 0351-REGULATING THE SALE AND USE OF FIREARMS EXPLOSIVES AND AIR RIFLES, PROVIDING FOR. THE DISPOSAL THEREOF.f 6 ORDINANCE No. 351 AN ORDINANCE REGULATING THE SALE AND USE OF FIREARMS EXPLOSIVES AND AIR RIFLES, PROVIDING FOR. THE DISPOSAL THEREOF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. It shall be unlawful for any person to, at any time, fire or discharge, or cause to be fired or discharged, any gun, air rifle, B-B gun, anvil, cannon, rifle, pistol or fire-arm of any kind, or fire or explode, or cause to be fired or exploded, any blank cartridge, bomb, rocket, firecracker, roman candle, squib, torpedo, mine, toreh,or any combustible or explosive device or preparation or fire-works or firecracker of any kind whatsoever, or by whatever name know, within the limits of the Town of Los Gatos, PROVIDED, that the use of fire-works at such public displays of fire-works inside the limits of the Town of Los Gatos as may be given with the joint written consent, first had and obtained, of the Chief of the Fire Department and the Chief of Police, shall not be unlawful. Provided, further however, that if such public display of fire-works is to be held within any public park or other pro- perty under the jurisdiction of the Town Council of the Town of Los Gatos, said Town Council shall have the right to require the posting of any bond or taking out of any insurance that it may deem necessary. Section 2. Any B-B gun or air rifle or fire-arm fired or discharged in the Town of Los Gatos in violation of the provisions of Section 1 of this Ordinance is hereby declared to be a public nusiance, and shall be surrendered to the Chief of Police. The Chief of Police shall annually destroy or cause to be destroyed such fire-arms. Unless (a) the Town Council shall, by direct Resolution, provide for the dis- posal of such fire-arms in a lawful manner other than by destruction thereof, (b) Judge of. the Court of Record or the District Attorney of Santa Clara County furnishes a certificate that the preservation thereof is necessary or proper to the ends of justice. .1. s Section 3. The provisions of this Ordinance shall not apply to or effect Sheriffs, Constables, Marshals, Policemen or other duly appointed peace officers in the discharge of their duties, nor to any other person summoned by any such officer to assist in making arrests or preserving the peace while said person is actually engaged in assisting such officer, nor to members of the Army, Navy or Marine Corps of the United States, nor to the National Guard members, when on duty, nor to organizations which are, by the United States of America, authorized to usesuch fire- arms, nor to members of any lawfully organized club when using said fire- arms for the purpose of practicing shooting at targets upon established target ranges, nor to persons using fire-arms in necessary self-defense, and in a careful manner, nor to persons using fire-arms in a careful manner in a bona fied shooting gallery. Section 4. It shall be unlawful for any person to sell or offer for sale or have in his possession or custody any articles specified in Section l of this Ordinance for the making of pyrotechnical display within the limits of the Town of Los Gatos. Provided that the custody or possession or transportation of fire-works within the limits of the Town of Los Gatos for use at a public display of said fire-works inside the limits of said Town, given with the joint written consent of the Chief of the Fire Department and the Chief of Police of said Town, shall not be unaawful. Section 5. SLING SHOTS. It shall be unlawful for any person to make use of or-to wear or carry about his person or to have in his possession any sling shot,-rubber,sling or other instrument or contri- vance by means of which shots or other missiles of any kind or descrip- tion are or made to be hurled or projected. Section 6. MAXIM SILENCERS. It shall be unlawful for any person to have in his possession any Maxim Silencer to be used or that may be used on any fire-arm or any similar apparatus or deviee to be used or that may be used on any fire-arm. - 2- i Section 7- It shall be unlawful for any person to sell or give to any minor in the Town of Los Gatos under the age of eighteen (18) years, without the written consent of his parent or guardian, any.-rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected; it shall be unlawful for any such minor, to use or possess, any rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be, projected; PROVIDED that the provisions of this Section shall not apply to the possession of such fire-arms or other instruments by such minors in carrying or transporting such fire--arms or other such instruments, herein mentioned, unloaded or broken down into, through or out. of the Town of Los Gatos or in bona fide shooting galleries, gun clubs or organizations or educational institutions authorized to give military instruction, while such fire-arms or other instruments are being used as a part of such instruction, nor to the possession of unloaded fire.-arms, air rifles or other such instruments by any such minor as an employee of a merchant, when such possession is in the usual, course of hi.s employment,` The provisions of this Ordinance shall not be.deemed to apply to cap pistols, dart,guns or other similar toys. Section B. Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding Five Hundred ($500.00) Dollars, or by imprisonment in the County Jail of the County of Santa Clara, for a period not exceeding six (6) months, or by both such fine and imprisonment. Section 9.; This Ordinance shall take effect and be in force thirty (30) days from and after date of its passage and before the expira- tion of fifteen (15) days after its passage it shall be published once with the names of the. members voting for and against the same in the Los Gatos Daily Times, a newspaper published in the Town of Los Gatos., INTRODUCED at a continued regularmeeting of the Town Council of the Town of Los Gatos, State of California, held on the 12th day of January, 1953 1~3 144 i • PASCED AND ADOPT 1D AS AN CRDIItirANCE OF THE TOWN OF LOS GATOS) CALIFORNIA, t h e n e,y o f ` 19 AYES: CCU NOILMEN NOES: COUNCILMEN at a, regular meeting of the Ti mm Council thereof, held on ABSENT: COUNCILMEN 5&.1 by the folloioing vote: MAYOR OF TA [t ;f OF LOS F ATOS AT T S- ST . CL ,k OF E TO ° T`d OF LOSGATOS - 4-