Loading...
Ord 2213 - Urgency Temporary Ban on Sale of Firearms and AmmunitionORDINANCE 2213 AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS IMPOSING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL OPERATIONS ENGAGED IN THE SALE OF FIREARMS, AMMUNITION, AND /OR DESTRUCTIVE DEVICES WITHIN THE TOWN OF LOS GATOS AND DECLARAING THE URGENCY THEREOF WHEREAS, Government at all levels has a substantial interest in protecting the people from those who acquire guns lawfully or illegally and then use them to commit crimes resulting in injury or death of their victims or who use them in the commission of other coercive crimes such as robbery and sexual assault. WHEREAS, the sales of firearms and ammunition are not currently regulated under the Los Gatos Town Code nor does it contain adequate procedures for investigating and addressing the impacts of a new firearms businesses in the Town of Los Gatos, including the safety of the public at large and other health, safety, and welfare impacts. WHEREAS, the sale of firearms, ammunition and /or destructive devices has raised the following public health, safety and welfare concerns: school safety; parks, school routes, and residences in close proximity to such sales; potential negative influences of such sales on children; concerns and complaints about vandalism, protests, and threats related to the existing retail firearms dealer in Los Gatos. WHEREAS, at the Town Council meetings on February 4, 2013 and February 11, 2013, Town Council received extensive public comments for approximately five hours on the issue of whether the Town of Los Gatos should consider adopting regulations concerning the business operations and sales of firearms, ammunition, and /or destructive devices. While the comments were divided as to those who support firearms regulations and those that do not, at the conclusion of the February 11, 2013 meeting, Town Council directed Town staff to study the issues raised by the community during the Council meetings. WHEREAS, while the Town studies the issues requested by Town Council on February 11, 2013 concerning potential land use regulations of the sale of firearms, ammunition and destructive devices, considerable uncertainty exists as to whether future sales of firearms, ammunition, and /or destructive devices within the Town of Los Gatos will be subject to new land use regulations (zoning, conditional use permit, etc.) and ultimately be in conflict with the existing Town Code. Without an immediate moratorium, a new retail establishment selling firearms could obtain a business license in the Town of Los Gatos within a matter of a few business days, similar to the process that occurred for Templar Sports. WHEREAS, other California cities adopted zoning ordinances and business regulations that govern the sales of firearms and ammunition. The State of California Legislature is currently considering new legislative bills this Session to further regulate the sale of firearms and ammunition. The County of Santa Cruz adopted a moratorium on an urgency basis in January 2013 prohibiting new commercial sales of firearms and ammunition. WHEREAS, recent events throughout the County of Santa Clara and nearby communities have generated additional fear of random usage of guns to commit violence on unsuspecting residents, minors and adults alike. WHEREAS, since Templar Sports opened in December 2012, there have been three public protests, reports of vandalism, litter, and reported threats directed at both those protesting against, and advocating for, the continued operation of the store. WHEREAS, in the past five years the Los Gatos /Monte Serene, area has experienced an increase in gun - related homicide, and gun- assisted property theft, including an armed robbery of a Los Gatos business. WHEREAS, the Santa Clara County Suicide Prevention Oversight Committee has gathered data between 2009 and 2011, demonstrating that Los Gatos has the highest per capita suicide rate in Santa Clara County, and firearms are used in some of such deaths. Section 1. PURPOSE AND FINDINGS A. The above recitals are incorporated herein and each relied upon independently by the Town Council as findings for its adoption of this urgency interim ordinance. B. The Town of Los Gatos Zoning Ordinance does not currently include regulation concerning the sale of firearms, ammunition or destructive devices. C. The Town Council recently conducted approximately five hours of community discussions during Town Council meetings on February 4, 2013 and February 11, 2013 and received many concerned comments urging the Town Council to regulate the sale of firearms, ammunition, and /or destructive devices. D. Additional time is necessary for the Town to study the issues raised by the community and Town Council concerning the sales of firearms, ammunition, and destructive devices. E. Adoption of the urgency interim ordinance imposing a temporary moratorium on establishment of commercial operations engaged in the sale of firearms, ammunition, and/or destructive devices is necessary to avoid the previously identified current and immediate threat to the public health, safety, and welfare. Section 2. INTERIM MORATORIUM IMPOSED For a period of forty -five (45) days, commencing on the date of the adoption of this urgency interim ordinance, or until such time as this urgency interim ordinance may expire subject to any extension of this urgency interim ordinance that the Town Council may adopt and approve pursuant to Government Code Section 65858, no zoning ordinance interpretation or amendment, or amendment to the General Plan, use permit, building permit, business license, or any other permit or entitlement for use shall be approved or issued for the approval, commencement, establishment or operation of, and no new person or entity shall operate, 2 manage or conduct the commercial operations for sale of firearms, ammunition, and /or destructive devices upon any property in any zoning district within the Town of Los Gatos during the period this urgency interim ordinance is in effect. For the purpose of this period of the urgency interim ordinance, any existing person or entity currently issued and holding a valid Federal Firearms License and State Certificate of Eligibility for the sale of firearms and /or ammunition shall not be prohibited from continuing their current existing business operations. Section 3. URGENCY ORDINANCE; EFFECTIVE DATE AND DURATION Based on the findings set forth in the recitals and Section 1 herein, the recent community concerns, an immediate threat to the public health, safety, or welfare exists. This ordinance is necessary to alleviate and address that threat until permanent land use regulations can be established. Therefore, this ordinance is adopted as an urgency ordinance pursuant to Government Code Section 65858 and shall take effect immediately upon approval by a four -fifths vote of the Town Council. This ordinance shall be in full force and effect for a period of forty -five (45) days from and after the date of its adoption unless this period is extended by the Town Council in accordance with Government Code Section 65858. Ten (10) days prior to the expiration of this interim ordinance or any extension thereof, the Town Council shall issue a written report describing the measures that have been taken to study the relevant issues and to establish policies and regulations regarding commercial operations engaged in the sale of firearms, ammunition, and /or destructive devices within the Town. Section 4. ENVIRONMENTAL ANALYSIS The ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. The ordinance is categorically exempt from CEQA under Section 15308 of the State CEQA Guidelines. This ordinance is a regulatory action taken by the Town in accordance with Government Code Section 65858, to assure maintenance and protection of the environment pending the completion of contemplated zoning ordinance revisions. Section 5. SEVERABILITY If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional. Section 6. PUBLICATION This ordinance shall be published in accordance with the provisions of Government Code Section 36933. Section 7. ADOPTION and EFFECTIVE DATE For the reasons set forth in the legislative Findings, this ordinance is declared to be an urgency ordinance intended to preserve the public peace, health and safety and is adopted as such pursuant to California Government Code section 36937. This ordinance shall take effect immediately and be enforced immediately upon its final adoption for 45 days. Passed and adopted by the Town Council of the Town of Los Gatos as an urgency ordinance this 4th day of March, 2013, by the following vote: AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector NOES: ABSENT: ABSTAIN: DISQUALIFIED: YOR OF THE TOWN OF LOS GATOS 0 I GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 11